Success Story | H&C – Profile approved in principle
On June 18th, KeyApply received great news from our lawyer: the Humanitarian and Compassionate (H&C) application submitted by a client family in 2023 has been successfully processed.
Seven years ago, the couple and their two young children arrived in Canada with the hope of building a better future for their family. Throughout their time living in Canada, the entire family has consistently complied with all legal and immigration regulations:
- Maintained legal residency status.
- Enrolled their children in Canadian schools.
- Actively integrated into the community.
- Paid taxes and fulfilled all civic obligations.
- Did not violate any immigration or criminal regulations.
However, despite living in Canada for many years, the family still did not meet the requirements to apply for Permanent Residence through standard immigration programs. Many immigration pathways were considered, but none were suitable for the family's actual circumstances.
In this case, a Humanitarian and Compassionate Grounds (H&C) application became the most appropriate solution.
What is H&C?
Humanitarian and Compassionate Grounds (H&C) is a special mechanism within Canadian immigration law that allows the Department of Immigration to consider humanitarian and compassionate factors to waive certain standard legal requirements when deciding on a permanent residency application.
When evaluating an H&C application, the IRCC may consider various factors such as:
- The length of time the applicant has lived in Canada.
- The level of integration into Canadian society.
- The best interests of any children affected by the immigration decision.
- The severe hardships that would result if they had to leave Canada.
- Other special humanitarian factors.
H&C is not a Refugee Claim
Many Vietnamese people often confuse Humanitarian (H&C) applications with Refugee Claims. These are two completely different programs.
- A Refugee Claim requires the applicant to prove that if they return to their home country, they could face the risk of persecution, abuse, torture, or threats to their life.
- A Humanitarian and Compassionate (H&C) application does not require the applicant to prove they are being persecuted or are in danger in their home country. Instead, the IRCC will consider the overall humanitarian circumstances of the applicant and their family in Canada.
Therefore, H&C is not a "disguised refugee claim," nor is it a program for everyone. Each application is assessed based on unique circumstances and specific evidence.
Result
Following a detailed preparation process, including a comprehensive presentation of the family's circumstances, their integration process, and the potential impact on the two children if they were to leave Canada, the application was viewed favorably by the IRCC.
The family has just received an "Approved in Principle" (AIP) letter from Immigration, Refugees and Citizenship Canada, confirming that they have met the humanitarian criteria and the application has been approved in principle.
This is a major milestone on their journey toward becoming Canadian permanent residents. After completing the remaining requirements, such as medical and security checks and other final conditions, the family will be one step closer to receiving their Canadian Permanent Residency.
Message
Not everyone who has lived in Canada for a long time is eligible for standard immigration programs. However, in some special cases where there are humanitarian factors worthy of consideration, the H&C program can open doors for families who have become deeply attached to Canada to continue building their lives here.
Every H&C application is a unique story and must be evaluated based on each family's specific situation. Preparing a complete, honest, and evidence-backed application plays a crucial role in the final outcome.
