Humanitarian and compassionate (H&C) considerations: Financial inadmissibility – Social assistance under section 39 of the Act
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
An applicant may receive a positive Stage 1 assessment even though they are on social assistance or become dependent on it after Stage 1. Dependency on social assistance could be a temporary situation or a result of not having been authorized to work in Canada. By the time the application for permanent residence is finalized, the applicant may have become self-sufficient.
If an applicant continues receiving social assistance as processing concludes, the application may be refused, unless humanitarian and compassionate (H&C) consideration justifies an exemption.
When all other admissibility criteria are met, the decision-maker must ask the applicant to provide evidence that they are no longer receiving social assistance.
If it appears that the applicant may become self-supporting in the near future, the decision may be delayed for a short period of time until evidence of self-sufficiency can be provided. If it is clear that the applicant is unlikely to become self-supporting, the decision-maker will make a final decision.
Note : For cases in which the applicant is a victim of family violence, an exemption from section 39 of the Immigration and Refugee Protection Act (IRPA) could be applied. Consult the Victims or survivors of family violence section for more information.
For additional information, consult Addressing cases where a person has experienced abuse.