I’m in Canada. Can I apply to stay permanently on H&C grounds?
Question & AnswerI’m in Canada. Can I apply to stay permanently on H&C grounds?
You might be able make a to Immigration, Refugees, and Citizenship Canada (IRCC).
The general rule is that you must apply for permanent residence from outside Canada. But it's sometimes possible to ask IRCC to make an exception to this rule.
When you make an H&C application, you're asking IRCC to allow you to apply for permanent residence from inside Canada for humanitarian and compassionate reasons.
In most cases, you have the right to make an H&C application in Canada. But there are some situations in which you don't have this right.
Basis for an H&C application
Almost anything that makes others feel compassion and want to help can be the basis for a successful H&C application. For example, IRCC can consider how long you’ve been in Canada, any medical conditions you may have, and hardships you may face if removed. IRCC cannot consider risks in the same way the does when it decides about someone’s refugee claim. But the same situation that puts someone at risk may also be a reason for a successful H&C application.
An important factor is whether there's a child who would be directly affected if you were forced to leave Canada. IRCC must consider what's in the child’s best interests.
For example, making an H&C application does not give you the right to stay in Canada until you get a decision. So it's important to get legal advice about whether you're at risk of being forced to leave.
H&C factors in other applications
People who make other types of applications can also ask IRCC to consider humanitarian & compassionate (H&C) grounds. For example, someone might do this if they want to sponsor their or partner for permanent residence but the spouse or partner is because of crimes they committed.