{ Humanitarian & Compassionate Requests }

 
Prior to June, 2002 the most common way for same-sex partners to be united in Canada was to apply under the previous H&C procedures that were well established by L.E.G.I.T. Vancouver. Today, the H&C Request route should be little used after the modernization of the Immigration Act recognized for the first time same-sex spouse, common-law and conjugal partners.

An H&C Request can be made if one or more of the criteria that form the requirements for Family Class are not, or cannot be, met. An H&C Request can be submitted for a same-sex partner that is outside of or within Canada.

Unlike the exempted requirements for medical conditions that a Family Class sponsored partner enjoys, H&C applicants must meet all medical requirements. See also Chapter IP 5, Section 5.8.
 
     
 
Immigration and Refugee Protection Act (IRPA), Section 25Immigration and Refugee Protection Regulations, Part II, Sections 66-69Chapter OP 4 (for sponsored partners outside Canada)Chapter IP 5 (for sponsored partners inside Canada)
 
     
  Outside Canada  
     
 

For requests of sponsored partners outside Canada, no special government forms exist to make an H&C Request. Use the permanent residence application that best fits your case (Skilled Worker (economic) or Family Class). In addition, provide a letter and documentation stating that you are requesting special consideration under H&C grounds.

The Department will assess your application to ensure that you do not comply with at least one of the requirements in your application class. Once the non-compliance item(s) are confirmed, your request will then be considered under H&C grounds to see if you can be exempted from the non-compliance item(s). The sponsored partner must supply a convincing story to the Department as to why exemption should be granted in your case. This is not an easy task. Review your documentation with others, even an immigration counselor or lawyer, to make sure your case is credible and worthy of granting an exemption.

After a positive H&C decision is reached, the sponsored partner must still also satisfy all other permanent resident requirements and must not otherwise be inadmissible..... See also Chapter OP 4, Section 5.6 for sponsored partners outside Canada.

Note that applicants wishing to reside in Quebec, and who are not considered a member of the family Class, must meet special Quebec criteria, in Regulations R68(a).

 
     
  Inside Canada  
     
 

For Requests to remain in Canada, you will have to request both an exemption from permanent resident visa requirements and an exemption(s) from certain requirements contained in the Skilled Worker or Family Class applications. See also Chapter OP 5. The following forms for outside Canada cases are required to be completed and serve as an application to remain in Canada as a Permanent Resident.

Only persons who are eligible to be a member of the Family Class can be considered to become a Permanent Resident. See Chapter IP 5, Section 4.1 and Regulation 72(2).

 
 

 

 
 

1. Request for Exemption from Permanent Resident Visa Requirement - IMM 5001E

2. Supplementary Information - Humanitarian & Compassionate Cases - IMM 5283E

3. Document Checklist - Humanitarian & Compassionate Cases - IMM 5280E

4. Guide - Applying for Permanent Residence from Within Canada Humanitarian and Compassionate Cases - IMM 5291E

5. Request for Screening Action - IMM 0703B

 
     
  "Applicants bear the onus of satisfying the (Dept.) decisionmaker that their personal circumstances are such that the hardship of having to obtain a permanent resident visa from outside Canada would be (i) unusual and undeserved or (ii) disproportionate. Applicants may present whatever facts they believe are relevant." See Chapter IP 5, Section 5.1, 6.  
     
  Fees  
     
  After an H&C Request has been accepted and exemptions made, the appropriate processing fees (ie- Family Class) and ROLF (Right of Landing Fee) are still required to be paid.  
     
  Interview  
     
 

An interview will be required for Permanent Residence. See Chapter IP 5, Section 5.8

 
     
  Spouses and Common-Law Partners  
     
  Spouses and Common-Law Partners of Canadian citizens or permanent residents who do not have legal temporary resident status in Canada cannot apply as members of the spouse or common-law partner in-Canada Class. Marriage or the existence of a common-law relationship is not automatically considered sufficient grounds for a positive humanitarian and compassionate decision. See Chapter IP 5, Section 5.17  
     
  Sponsorship  
     
  An H&C Request based on a family relationship is normally supported by a sponsorship application from a Canadian citizen or permanent resident.. See Chapter IP 5, Section 5.19. The existence of a sponsorship does not mean the applicant is considered a member of the family class. The Department is to grant approval on sponsorship prior to assessing the H&C Request.  
     
  Regulations - pgs .,......256