Family Portrait

Humanitarian and Compassionate Grounds

Humanitarian and Compassionate Grounds (HNC)

What is HNC?

In a normal case, you may not be eligible to become a permanent resident of Canada. However, you may be able to apply for HNC if you have strong humanitarian and compassionate grounds. Please note that HNC only applies to people with exceptional circumstances. These special and exceptional applications will be considered on a case-by-case basis.

Factors to consider in assessment of hardship:( CIC Manuals IP5 – Guideline Test)

  • establishment in Canada;

  • ties to Canada;

  • the best interests of any children affected by their application;

  • factors in their country of origin (this includes but is not limited to: Medical inadequacies, discrimination that does not amount to persecution, harassment or other hardships that are not described in [ss. 96 and 97]);

  •  health considerations;

  • family violence considerations;

  • consequences of the separation of relatives;

  • inability to leave Canada has led to establishment; and/or

  • any other relevant factor they wish to have considered not related to [ss. 96 and 97]

 

 

Factors that the IAD Member may consider evidence about:

  • dates or periods of times when you have been physically present in Canada;

  • the reasons why you were not in Canada;

  • how much you are established in Canada (your connections to Canada);

  • the reasons why you left Canada and why you remained outside of Canada;

  • how losing your permanent resident status will affect you, including any hardship you may suffer;

  • whether you have family in Canada, including how losing your permanent resident status will affect your family;

  • the support you have in Canada from family or other people in the community;

  • the best interests of any child who may be directly affected; and

  • any other circumstances that may help the Member decide your appeal

  • your ongoing contact with family members in Canada

 

 

Factors for Best interests of the child (BIOC)

  • age of the child,

  • child’s establishment in Canada,

  • conditions in the country of origin that could impact the child,

  • medical needs of the child,

  • child’s education, or

  • child’s gender.

 

 

If you have any questions related to HNC, please contact us at (416) 803 8829 or jlimmigrationca@gmail.com