Humanitarian & Compassionate Lawyer in Toronto

An H&C application is a special process that allows certain people in Canada to apply for permanent residence due to exceptional circumstances (hardship, family ties, etc.).

• Are currently residing in Canada
• Would suffer hardship if forced to leave
• Do not otherwise qualify for a regular immigration process such as spousal sponsorship or a refugee claim

Eligibility is generally based on factors such as establishment in Canada, risk of family separation or medical concerns.

H&C applications are reserved for persons who do not qualify under another process. Unlike a refugee claim (risk of persecution) or a spousal sponsorship (family relationship), an H&C case involves special circumstances such as lengthy establishment in Canada or risk of separating a child from a parent.

The main factors considered on H&C applications/cases are:

• Hardship (if forced to return to your country of origin)
• Best interests of any children (education, safety, stability, etc.)
• Establishment in Canada (work, property, community support)
• Risk of family separation
• Medical issues (where care is not available in your home country)

Yes. Out of status applicants and refused claimants are permitted to apply if they can demonstrate compelling reasons for an exemption to be granted.

Preparing an H&C application involves:

1. Collecting evidence (letters, records of employment, medical documentation)
2. Filling out all application forms
3. Filing the application with IRCC

Processing can be slow, often taking between 12–36 months from filing to decision. Urgent applications can be prioritized by request.

If there is a removal or deadline involved you should see a lawyer right away. It is important not to make mistakes, miss deadlines or weaken your chances by proceeding without sound advice from the outset.

Some of the best documentary evidence for an application can include:

• Letters from family, employers or community contacts
• Proof of establishment (pay stubs, rental agreements, school acceptance letters)
• Medical reports (where needed)
• Personal statements explaining suffering/hardship to be faced
• Photographs of community engagement

Spouses and dependent children living in Canada with you can usually be included as part of your application. For overseas dependent family members or siblings, a separate application may be required.

We work in multiple languages and arrange for translation of documents and interpretation at all required appointments to ensure all communications are clear.

Fee levels are based on the file, but payment options can cover all sorts of situations, including payment in stages where finances are tight.

Yes. We provide a no charge intake meeting by phone, Zoom or in person with a lawyer or staff member who will review the facts of your case and explain the process and options.

Payment plans are customized according to client need and can be combined with funding from the community when available.

Updates are sent via your preferred channel, whether email, phone, text or otherwise. There are regular points for checking in as your file moves along and rapid update alerts for emergencies.

Emphasize facts relating to:

• The impact of removal on your family
• Showing proof from other parties (not just emotional claims)
• Demonstrating community involvement or volunteering
• Covering all of the eligibility criteria outlined above

In the event of a refusal, you may be able to resubmit with new evidence or seek a judicial review remedy through the Federal Court. Our firm will also guide you in seeking an alternative process, such as a Temporary Resident Permit (TRP).

You may remain in Canada pending a decision on your application, but in cases of an active removal order, a request may be made to stay the deportation (or another option implemented on a short-term basis).

Yes. Medical hardships or risks (lack of access to needed treatment, medication, etc.) or humanitarian issues (civil unrest, discrimination, etc.) can be considered if properly supported by the evidence.

We are known for our customized approach, our 30+ years of collective experience and our low-stress offerings, making sure every file is fully prepared and that instructions/arguments/FAQs are crystal clear.

There are no requirements. We will check during the intake meeting that you are eligible, but you must:

• Be physically located in Canada
• Not already have an H&C application on file

Representation does make a difference by helping you avoid technical mistakes, submit correct documentation and make more effective arguments that can influence IRCC to look favourably on your application.