When There Is No Other Door, We Help You Find One.
You do not qualify for Express Entry. You are not eligible for Family Sponsorship. Your Refugee Claim was refused—or you were afraid to make one.
For thousands of people living in Canada, the standard immigration pathways have closed. But Canadian law contains a safety valve: Section 25(1) of the Immigration and Refugee Protection Act (IRPA).
This is the Humanitarian and Compassionate (H&C) application. It is not a loophole. It is not an easy way in. It is a discretionary remedy for those whose removal from Canada would cause unusual, undeserved, or disproportionate hardship .
At SSPC Law, Simran Singh provides honest, strategic, and deeply prepared representation for H&C applicants. We do not sell false hope. We build cases that meet the legal test—and we fight for the clients who deserve to stay.
The H&C pathway is narrow. But with the right advocate, it is possible.
WHAT is an H&C Application?
An H&C application is a request for an exemption from Canada’s normal immigration rules. It asks a senior immigration officer to grant permanent residence based on humanitarian factors—even if you:
- Have no valid status (out of status, expired permit)
- Are inadmissible due to criminality or misrepresentation
- Are a failed refugee claimant
- Do not meet the selection criteria of any economic program
Legal Authority: Section 25(1), IRPA .
Unlike points-based systems, H&C is discretionary. The officer is not checking boxes. They are asking: “Would a reasonable person in a civilized community want to relieve this person’s misfortunes?”
Your job is to make them say yes. Our job is to give you that chance.
WHO Can Apply? (Eligibility & Critical Exclusions)
You may be eligible if:
You CANNOT apply if:
Critical: If you are eligible for another immigration program (spousal sponsorship, Express Entry, PNP), H&C is not your best option. Officers expect you to use available pathways first .
KEY FACTORS: What Immigration Officers Actually Evaluate
The law does not define “humanitarian and compassionate.” Courts have established what officers must consider. These are the four pillars of a strong H&C case :
How deeply are your roots planted here?
Officers look for integration, not just presence. Living here for 5 years is not enough. You must prove:
- Stable employment, tax filings, economic contribution
- Community involvement (volunteering, religious groups, coaching)
- Property ownership or long-term tenancy
- Language acquisition and skills development
- Letters from Canadian employers, neighbours, teachers, mentors
34% of refusals are due to INSUFFICIENT ESTABLISHMENT EVIDENCE .
What happens to the children if you are removed?
If any child is directly affected by your removal—whether they are your biological child, step-child, or a child in your care—the officer must give this primary consideration .
Strong BIOC evidence includes:
- Specific impact on education (school records, teacher letters)
- Impact on mental health (counsellor assessments)
- Disruption of medical treatment
- Severance from Canadian identity and friendships
“It would be hard for my child to leave” is not enough. You must show how and why this child would suffer disproportionate harm .
What awaits you in your country of origin?
This is not about missing Canada. It is about what you are returning to:
- Armed conflict, political instability, gang violence
- Discrimination (gender, sexual orientation, ethnicity, religion)
- Inaccessible healthcare for serious medical conditions
- Extreme poverty with no social safety net
- Family violence or lack of state protection
Note: Generalized country conditions are rarely sufficient alone. You must connect the conditions to your personal circumstances .
- Health conditions requiring Canadian treatment (with current medical evidence)
- Family violence (especially in sponsorship breakdowns)
- Length of time in Canada and time spent without status
- Contributions to Canadian society
The STAGGERING REFUSAL RATE: Why 87% of H&C Applications Fail
Let us be direct with you.
IRCC processes approximately 15,000 H&C applications annually. The refusal rate is 87%. Only 1,950 succeed each year .
This is not because officers are cruel. It is because most applications are incomplete, poorly evidenced, or legally insufficient.
The Top 5 Reasons H&C Applications Are Refused :
| Rank | Reason | % of Refusals |
|---|---|---|
| #1 | Insufficient evidence of establishment | 34% |
| #2 | Inadequate/outdated medical evidence | 28% |
| #3 | Weak or generic country condition evidence | 25% |
| #4 | Insufficient Best Interests of Child analysis | 22% |
| #5 | Inadequate financial hardship evidence | 18% |
Many refusals are preventable. The difference between a refused application and an approved one is often the quality of preparation.
OUR SERVICES: How Simran Singh Builds Winning H&C Cases
At SSPC Law, we do not fill out forms and “hope for the best.” We construct a legal and factual narrative designed to survive officer scrutiny.
We review your history, status, inadmissibilities, and hardship factors. If your case is not strong enough, we tell you before you pay thousands in fees. We never sell false hope .
Your personal statement is the heart of your application. We work with you—in English, Punjabi, Hindi, or Urdu—to draft a detailed, chronological, emotionally truthful affidavit that answers the officer’s unspoken question: “Why should I make an exception for this person?” .
We do not just hand you a checklist. We actively work with you to obtain:
- Employment records and tax documents (Notice of Assessments)
- Community reference letters
- Medical reports (must be current, within 6 months)
- Country condition evidence from credible sources (UN, HRW, Amnesty, US State Dept)
- School records, teacher letters, coaching certificates for children
A 20–50 page book of evidence is useless without a legal roadmap. We draft detailed written submissions that:
- Cite the relevant caselaw (including Kanthasamy v. Canada)
- Apply the facts of your life to the legal test
- Anticipate officer skepticism and rebut it in advance
You do not automatically get a work permit just because you filed an H&C. We assist eligible clients in applying for a work permit while Stage 1 processing is pending .
If you receive Approval in Principle (AIP), we guide you through medical exams, police certificates, and the final permanent residence landing process .
THE H&C PROCESS: Step-by-Step
Stage 1: Approval in Principle (AIP)
- IRCC reviews your H&C grounds
- If approved, you receive AIP and may apply for a work permit
- You are protected from removal (though H&C does not automatically stay removal—separate deferral requests may be needed)
Stage 2: Admissibility
- Medical exam
- Criminal and security background checks
- Final permanent residence approval
Current Processing Time: 18–36 months (average ~19–24 months)
Government Fees (2026):
- Principal applicant: $1,210 (processing + RPRF)
- Spouse/common-law partner: $1,210
- Dependent child: $175
- Biometrics: $85 per person
FREQUENTLY ASKED QUESTIONS (FAQ)
Q: Can I apply if I am out of status?
A: Yes. In fact, many H&C applicants are without valid status. Being out of status is not a barrier—but you must explain how you came to be out of status and why it should be excused .
Q: Can I work while my H&C is processing?
A: Not automatically. You must apply separately for a work permit. Approval is discretionary. If you receive AIP, your chances of a work permit increase significantly .
Q: Does having a Canadian-born child guarantee approval?
A: Absolutely not. This is a dangerous myth. While the best interests of your child are a primary consideration, they are not automatically determinative. You must prove that your child would face specific, significant hardship if you are removed .
Q: What is the difference between H&C and a Refugee Claim?
A: A refugee claim protects you from return to a country where you face persecution or risk to life/torture. H&C is for people who do not meet the refugee definition but still face hardship. You generally cannot have both active at the same time .
Q: My H&C was refused. What are my options?
A: You may seek Judicial Review at the Federal Court. Strict timelines apply (usually 15 days for refusals from within Canada). Simran Singh has experience with Federal Court litigation and can advise on the viability of an appeal .
Q: Will CBSA deport me while my H&C is pending?
A: H&C applications do NOT automatically stay removal orders. If you are under a removal order, you must separately request a deferral from CBSA. This is complex and urgent. Seek legal advice immediately if you are facing removal .
“Simran didn’t just handle my paperwork—she handled my fear. She told me honestly that my case was difficult, but she never stopped fighting. When the Approval in Principle came, I cried. She cried with me.”
— SSPC Law Client (Name withheld for privacy)
The H&C process is long, competitive, and unforgiving of mistakes. Do not gamble with your future.
Book a Confidential Consultation with Simran Singh
Disclaimer: This information is for general informational purposes only and does not constitute legal advice. Every H&C application is fact-specific. You should consult with a qualified immigration lawyer regarding your particular situation.
