What’s the difference between a refugee claim and an H&C application?
There are many differences between a refugee claim and a .
It's very important to get legal advice before you decide which application is best for your situation.
H&C applications
When you make an H&C application to Immigration, Refugees and Citizenship Canada (IRCC), you're asking IRCC to:
- let you apply for permanent residence in Canada for humanitarian and compassionate reasons, and
- approve you for status in Canada.
The decision on an H&C application is discretionary. This means that an immigration officer has a lot of freedom when making their decision.
There is usually no interview. So it's important to make a strong application that:
- explains all the reasons that you should stay in Canada, and
- includes the best possible to support your application.
H&C reasons
Almost anything that makes others feel compassion and want to help can be the basis for a successful H&C application. It's a good idea to include information to show that:
- you would experience hardship if you had to leave Canada to apply for permanent residence, and
- you are established in Canada.
If a child would be directly affected if you had to leave Canada, explain this and provide evidence. IRCC must consider the child’s best interests.
Refugee claims
The (IRB) decides refugee claims made in Canada. If a Canada Border Services Agency (CBSA) officer or immigration officer decides your claim is eligible, you have the right to a hearing at the IRB.
You must prove that you're:
- a , or
- a .
The IRB only considers whether you meet the definition of Convention refugee or person in need of protection.
For example, being settled in Canada and having strong family relationships in Canada is not relevant to a refugee claim.
If your claim succeeds, you're a and can apply for permanent residence.