Humanitarian & Compassionate Grounds Application Lawyer

Humanitarian and compassionate grounds (H and C) applications are a discretionary pathway under section 25 of the Immigration and Refugee Protection Act. They are intended for individuals with compelling circumstances who would experience unusual and undeserved, or disproportionate hardship if required to leave Canada.

The firm provides legal representation for H and C applicants, including individuals who are out of status, applicants with long-term establishment in Canada, those with Canadian children, and individuals with complex histories or previous refusals.

Humanitarian and Compassionate Consideration

H and C applications require clear, well-supported submissions explaining why an exemption from regular immigration requirements is justified. These applications rely on detailed evidence of establishment, hardship, and the best interests of children affected by the decision.

Who This Service Is For

Legal representation is appropriate for individuals who:

• Are currently out of status in Canada
• Have lived in Canada for an extended period and are established in their community
• Have Canadian-citizen or permanent-resident children
• Cannot apply for permanent residence through any regular immigration program
• Face hardship, instability, or risk if returned to their home country
• Have medical, psychological, or personal circumstances requiring stability in Canada
• Previously held status but lost it due to error, misunderstanding, or delays
• Have previous refusals, complex immigration histories, or pending enforcement action

Legal Services Provided

Eligibility and Strategy

• Assessing whether an H and C application is an appropriate remedy
• Identifying strengths and weaknesses in the applicant’s situation
• Advising on risks, discretionary considerations, and processing timelines
• Determining whether a Temporary Resident Permit request is appropriate

Evidence and Documentation

• Advising on evidence required to demonstrate establishment in Canada
• Documenting hardship in the home country
• Gathering evidence relevant to the best interests of children
• Preparing affidavits or statutory declarations
• Ensuring evidence aligns with IRCC guidelines

Application Preparation

• Preparing all required forms
• Drafting detailed submissions under IRPA s. 25
• Organizing evidence to support establishment, hardship, and best interests
• Guidance on medical examinations, police certificates, and biometrics

Complex Situations

Representation is often essential when cases involve:

• Removal orders or pending enforcement
• Prior H and C refusals
• Findings of misrepresentation
• Criminality or inadmissibility (where exemptions are legally possible)
• Long gaps in status
• No Canadian family members
• Past refugee claims or PRRA interactions
• Urgent timelines or compelling humanitarian factors

When to Seek Legal Assistance

Retaining counsel is advisable when:

• The applicant has been out of status for several years
• There are Canadian children affected by a potential return
• The case involves significant medical or psychological factors
• Hardship is complex and must be clearly articulated
• Previous applications have been refused
• Removal is scheduled or enforcement action is pending
• Establishment evidence is lengthy and needs structured presentation