Humanitarian & compassionate (H&C) considerations: Eligibility for H&C consideration in the overseas context

Eligibility to submit a request for H&C consideration

Foreign nationals who are inadmissible or who do not meet the requirements of the Immigration and Refugee Protection Act or the Immigration and Refugee Protection Regulations may make a written request for humanitarian and compassionate (H&C) consideration under subsection A25(1). The Minister must examine a request for consideration on H&C grounds from foreign nationals outside Canada, with the exception of foreign nationals who:

• do not meet the requirements of the Ministerial Instructions (MIs) relevant to the category in which they make their application
• are inadmissible pursuant to sections A34, A35, A35.1 or A37 (H&C request received on or after June 19, 2013)
• are subject to an exceptionunder subsection A25(1.2)

As per section R66, requests for H&C consideration under subsection A25(1) submitted outside Canada must be made in the context of an application for permanent resident status or a permanent resident visa. The request must be made in writing and must accompany an application for permanent residence made in one of the existing three classes (economic, family or refugee). The application must be submitted as per the requirements specified in section R10.

For categories in which MIs apply (e.g. skilled workers), H&C considerations may not be used to overcome the fact that an applicant does not meet the requirements of the MIs. In other words, H&C grounds may not be used to overcome the requirements of MIs under sections 87.3 and 10.3. However, if an applicant meets the provisions of the MIs under section 87.3, the decision-maker may use H&C consideration to overcome any statutory requirements that are assessed later. For example, in the case of a skilled worker, the MIs require that an applicant has an arranged offer of employment or has experience listed in one of the National Occupation Classification (NOC) codes. H&C grounds may not be used to overcome these instructions. However, if the applicant meets the requirements of the MIs, but does not comply with another admissibility requirement, the applicant may request H&C consideration.

H&C grounds on the Minister’s own initiative

In the absence of a specific request from an applicant, the Minister may consider H&C grounds on their own initiative (section A25.1), unless one of the exceptions mentioned above applies.

Fees

Applicable fees must be paid in full before a request for H&C consideration may be examined.

In the overseas context, if processing fees are not applicable (e.g. refugee application) and the decision-maker decides to use the Minister’s initiative, no processing fee is required for H&C consideration.

Restrictions on requests for H&C consideration