H&C Quick Tips
What does "H&C" stand for? The "Humanitarian and Compassionate" grounds application. It is an application for permanent residency you can file from in Canada.
The H&C has two steps:
1. getting the "exemption" under s.25(1) to apply for permanent residence outside the normal rules of the IRPA
2. getting permanent residence
à CIC will decide the application in these two steps: first the exemption, then permanent residence.
The whole application process can take 4-5 years. 2-3 for the first step, 1-2 for the second
An H&C application does not prevent removal until you have passed the first step of the process, i.e. once CIC has determined that you do qualify for the "exemption". Until then, you can still be deported even if you have submitted an H&C application.
- IRP Regs, s.233
- IP 5, s.5.10
The H&C is totally "discretionary" - this means there are no exact rules about when they have to accept a claim, and when they have to reject it. It's the CIC officer's choice. This means no claim is certain.
The applicant has the full responsibility to prove that their application should be accepted. It is not CIC's responsibility to prove that it should be refused - they can just say you didn't give them enough information. So, you need to provide a lot of evidence.
Provide evidence that is as authoritative as possible. Try to think from the perspective of someone who is sceptical of your evidence. Could this letter have been forged? Could this photocopy be a fake? Here are some tips:
- provide originals
- if you can't give the original but you do have it, bring the original and copies to a lawyer, notary, or commissioner to get the copies "certified", and tell CIC that "originals can be produced upon request"
- instead of a letter, get an affidavit
o this is signed with an oath, in front of a lawyer or commissioner
o do this for your own statement (i.e. the main applicant) and for other important statements (i.e. key family members and supporters in Canada)
- DLS is one place you can go to get copies and affidavits certified for a small fee, usually 10$.
Make sure not to give information that contradicts what you told CIC or CBSA earlier, or provide a good explanation for why it is different.
Keep a copy of your entire application, and keep proof that you sent it - i.e. send it by courier or registered mail.
Factors that make an H&C strong:
- a good situation in Canada, where you are well "established":
o being in Canada a long time (5 yrs +)
o having a steady job and never having been on welfare
o speaking English and/or French fluently
o having lots of friends and family in Canada who are citizens or permanent residents
o being involved in the community here in Canada (religious, political, neighbourhood, sports, cultural - anything!)
o having kids born in Canada
o having kids that are integrated into Canadian society
o upgrading your education or skills by taking courses
o if someone is willing to sponsor you *this takes extra forms*
- a bad situation in your country of origin, that would create "hardship" if you had to go back there and re-apply to Canada:
o danger or risk to you and your family
o no job opportunities there
o no home, family or friends left there
o no community ties there any more
o your kids don't speak the language or aren't used to the culture there
Factors that make an H&C weak:
- criminal record (convictions or even just charges, in Canada or elsewhere)
- serious health problems
- any "security" concerns with organizations you are seen to have belonged to (especially if your country is profiled)
- a history of giving false or contradictory information to CIC
- any time you relied on welfare
Tips for Preparing a Good Application:
- A good H&C application has 5 parts:
1. Cover letter (1 page)
2. Fee
3. Application Form and everything on the Application Checklist
4. Written Submissions (these are arguments referring to your evidence)
5. Evidence (these are documents proving hardship and establishment)
à If you are working with a lawyer or consultant, make sure you see what they have prepared before they send it - it should have all 5 parts. Also, make sure they give you a copy of the full application and provide you with proof confirming they sent it in.
Application Form (the form from CIC)
o Fill everything in. Do not leave anything blank.
o Read the directions carefully, or have someone read them with you. Follow the directions exactly.
o CIC publishes a "guide" for each form online, use that. Also use the CIC checklist - make sure everything they ask for is included (i.e. copies of all ID, passport-sized photos, fee, etc.)
o For the questions with the big answers in the Supplementary Information form, you can write "see attached submissions", ie. referring to your Written Submissions
Written Submissions
o Break it down into clear sections, according to the main points. For instance, "hardship of having to leave", "best interests of children", etc.
o Spell everything out clearly, and go through every detail. Do not assume CIC will understand why you have included a certain point - explain to them why it is important.
o When you say something, try to give proof to back it up. Whenever you can, refer to the documentary evidence in your application.
o Refer to the law where possible. This could be the IRPA, the IRP Regulations, the CIC policy manual (IP 5), the Charter, international human rights law, or previously decided cases.
Evidence
o Original documents are best - these have the real signatures, stamps, etc. to show they are authentic. If you have the original but want to send a copy, bring both to a lawyer, notary or commissioner to get the copy stamped as an "original copy".
o Make sure documents in other languages have been translated into English or French. Provide both the original document and the translation, and get the translator to sign an oath saying they did the translation and it is correct.
o Organize the documents with tabs (numbers or letters). This makes it easier for the officer to find things, especially when you refer to documents in the Written Submissions.
o Get proof of everything you can. Everything. This could include:
§ A sworn statement (affidavit) by you, the applicant, that tells your story in detail
§ Passport and travel documents
§ Birth certificates
§ Marriage certificate, Divorce certificate
§ Death certificate
§ Photos
§ Bank statement of savings
§ Deed (if you own a house)
§ Letters from employers
§ Letters from Canadian friends and family (citizens and permanent residents are best)
§ Proof of status for Canadian relatives
§ Letters from church / mosque / temple
§ Letters from volunteer work or community involvement
§ Proof of attending courses or training
§ Tax stuff (T-4, Notice of Assessment)
§ Children's report cards, letters from children's teachers
§ Have children, spouse and other dependants on application (or Canadian-born children in the immediate family) write letters about the effects of possible deportation on themselves
§ If a Canadian-born child has a medical problem get detailed medical results and documentation about treatment availability in country of origin.
§ Anything else you can think of!
| Attachment | Size |
|---|---|
| H&C quick tips.doc | 39.5 KB |
| h&c quick tips spanish.doc | 52.5 KB |
