Eligibility to submit an H&C application in the overseas context

Foreign nationals who are inadmissible, or who do not meet the requirements of the Act or Regulations, may make a written request for consideration under A25(1). The Minister must examine an application for consideration on H&C grounds from a foreign national outside Canada except foreign nationals to whom any of the following apply:

• they do not meet the requirements of Ministerial Instructions relevant to the category in which they make their application
• they are inadmissible A34, A35 or A37 (application received after June 19, 2013)
• they are subject to a bar under A25(1.2).

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

In categories in which Ministerial Instructions apply (e.g. skilled workers), H&C may not be used to overcome the fact that an applicant does not meet the requirements of Ministerial Instructions.   In the case of a skilled worker the Ministerial Instructions require that an applicant has an arranged offer of employment or has experience in one of the National Occupation Classification (NOC) codes. H&C may not be used to overcome these instructions. 

In the absence of a specific request from an applicant, the Minister may consider H&C grounds on his own initiative (A25.1) or advise the applicant to request an exemption under A25.

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