This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.
The H&C Process by Which Applicants Typically Apply
The Guidelines for Submitting a Request
- In Canada
- Applicants would typically submit applications for permanent residence in Canada i.e. IMM 0008
- Along with this, they would need to submit requests under A25 (1) in Canada for receiving exemptions based on humanitarian and compassionate (H&C) or public policy considerations i.e. IMM 5283
- They would need to submit their applications in accordance with the provisions specified in R10
- Overseas
- Applicants would need to use one of the existing departmental application forms for the three immigration classes i.e. family, economic or refugee
- In addition, they would need to provide additional written information for supporting their request for consideration under the provisions specified in subsection 25 (1) of the Act
The People Eligible for Applying
The authorities permit certain individuals to make written requests for consideration under the provisions specified in A25 (1). This is especially applicable to:
- Foreign nationals who are inadmissible or,
- Foreign nationals who do not meet the requirements of the Act or Regulations
Some restrictions apply when it comes the examination of applications for humanitarian and compassionate (H&C) consideration. The following charts explain these reservations in detail.
The Fees
- In Canada
- The officers would need to collect fees for all applications made under the provisions specified in subsection A25 (1)
- Only after this would they be able to examine the applications
- This is in accordance with the provisions specified in A25 (1.1) and R307
- Overseas
- Applicants would need to pay the appropriate processing fees pertaining to the applications for permanent resident visas before the officers would consider these applications
- Even if the authorities refuse these applications, the applicants would not be able to obtain a refund of these fees
- Situations could arise where people apply in the refugee class overseas and request humanitarian and compassionate (H&C) consideration
- In this scenario, the officers would need to remember that there are no fees for processing an application for a permanent resident visa in the refugee classes
- However, applicants would need to pay the processing fees for humanitarian and compassionate (H&C) requests
- Hence, the officers would need to ensure that they collect the appropriate fees before they examine the applications
Related links:
- The Restrictions on the Examination of Applications
- The Intake of Applications for Family Members
- The Renunciation of Citizenship
- The Revocation of Citizenship
- Retention of Citizenship Prior to Attaining the Age of 28 Years
- The Resumption of Citizenship
