immlaw@akahlon.ca | +1 (647) 450-0000
H&C Based PR Application

H&C Based PR Application

At Kahlon Law Office, we understand that immigration laws can be rigid, leaving many individuals in Canada without a clear pathway to permanent residency. Humanitarian and Compassionate (H&C) applications, governed by Section 25(1) of the Immigration and Refugee Protection Act (IRPA), provide a discretionary avenue for those who do not qualify under standard immigration categories yet face compelling circumstances that justify an exemption.

This process is highly complex and discretionary, requiring a thorough and persuasive presentation of facts. Given that H&C applications have a lower success rate, effective legal representation is crucial in ensuring a well-prepared submission that meets the high evidentiary threshold set by Immigration, Refugees and Citizenship Canada (IRCC).

Who typically applies for H&C Consideration?

H&C applications serve individuals who are in Canada and:

  • Failed refugee claimants who are not eligible for protection but face severe hardship if removed.
  • Individuals who are inadmissible on medical grounds yet require essential treatment in Canada.
  • Persons inadmissible for criminality or non-compliance with IRPA/IRPR, seeking an exemption due to unique circumstances.
  • Applicants with strong family ties, including those with Canadian-born children who would suffer hardship upon removal.
  • Individuals without eligibility under any immigration stream, including those who do not meet language or financial requirements.
  • People established in Canada for several years, contributing socially and economically despite lacking legal status.
  • Applicants requesting an exemption from specific IRPA and IRPR provisions, demonstrating compelling humanitarian factors.

What are the legal foundations and essential considerations for a humanitarian and compassionate (H&C) permanent residence application?

Under IRPA Section 25(1), foreign nationals who are otherwise inadmissible or ineligible to apply for permanent residence may request an exemption based on humanitarian and compassionate considerations. Decision-makers assess applications based on:

  • Level of establishment in Canada – Including employment, education, and social integration.
  • Best interests of a child – A significant factor if Canadian-born or dependent children are involved.
  • Family reunification – Whether family separation would cause undue hardship.
  • Adverse country conditions – Inability to safely return due to humanitarian crises, discrimination, or persecution.
  • Medical or financial hardship – Where the applicant’s well-being would be severely impacted upon removal.
  • Public interest considerations – Whether granting PR aligns with Canada’s values of compassion and fairness.

It is critical to note that H&C applications are not an alternative to refugee claims. They do not offer protection from removal, and applications submitted while under a removal order do not stay deportation. This is why legal strategy and timing are essential.

Why legal representation in H&C based cases is crucial?

H&C applications are subject to a high threshold of proof and extensive legal scrutiny. Many applications are refused due to lack of supporting evidence, failure to establish exceptional hardship, or inadequate legal arguments. A well-prepared case must:

  •  Clearly outline compelling humanitarian factors with strong documentary evidence.
  •  Anticipate and address potential concerns raised by immigration officers.
  •  Be persuasive, legally sound, and supported by precedents where applicable.

At Kahlon Law Office, our experienced legal team meticulously prepares comprehensive H&C applications that align with the latest legal interpretations under IRPA and IRPR. We ensure that every relevant detail is documented, highlighting the unique challenges of each client to maximize the chances of approval.

If you believe you qualify for H&C consideration, time is of the essence. A carefully crafted application, backed by strong legal representation, can be the difference between success and refusal. Contact Kahlon Law Office today to discuss your case with an experienced immigration lawyer.

CONTACT US TODAY +1 (647) 450-0000

Our Services

DISCLAIMER

NO LAWYER-CLIENT RELATIONSHIP: Visiting or using this website does not establish a lawyer-client relationship between you and Kahlon Law Office. Such a relationship is only formed after we conduct a conflict-of-interest check and enter into a formal agreement with you. Please refrain from sharing any confidential or sensitive legal information through this website, as doing so does not create any legal obligations on our part.

NO LEGAL ADVICE PROVIDED: The content on this website is intended for general informational purposes only and should not be construed as legal advice. While we strive to keep the information relevant and updated, laws evolve, and the material may not always reflect the latest legal development. If you require legal advice tailored to your situation, we encourage you to seek professional legal counsel.

THIRD-PARTY WEBSITES: For your convenience, our website may contain links to external websites maintained by third parties. However, Kahlon Law Office does not control or endorse the content on these websites and assumes no responsibility for their accuracy, completeness, or reliability. Visiting such links is at your own discretion.

LIMITATION OF LIABILITY: Kahlon Law Office is not responsible for any direct, indirect, incidental, or consequential damages resulting from the use of this website, reliance on its content, or any inability to access it. The information is provided "as is" without any warranties, express or implied.

CHANGES TO THE IMMIGRATION LAW: The information provided is for general informational purposes only and may not reflect the most up-to-date legal developments.

CHANGES TO DISCLAIMER: Kahlon Law Office reserves the right to modify or update this disclaimer at any time without prior notice. It is your responsibility to review this page periodically for any changes.

Menu

Contact Info

Phone: +1 (647) 450-0000

Email: immlaw@akahlon.ca

Address: 200-1B Conestoga Drive, Brampton, Ontario L6Z 4N5, Canada.

Services

POWERED AND MAINTAINED BY INTOPDIGITAL

© Kahlon Law Office 2025.