Two Successful H&C Aapplications

Two Successful H&C Applications

We are very happy for our clients whose applications under the Humanitarian and Compassionate (“H&C”) grounds are being finalized.
One applicant was invited to create his PR portal, and the other application was approved in principle, which means that:

• the applicant is exempt from the eligibility criteria based on H&C considerations to facilitate the processing of the application;
• the applicant is exempt from the requirement to meet any criteria of the Act or Regulations from which they have been granted an exemption by the delegated authority;
• allows the foreign national to become a permanent resident, subject to certain requirements; and
• allows the applicant to apply for a work and/or study permit.

Here is a short summary of both cases.

On November 23, 2022, IRCC received the application under the H&C grounds, and on October 11, 2024, the applicant received an invitation to create his PR portal. This applicant arrived in Canada in November 2014 and, at some point, became out of status. Thus, the applicant was out of status for about seven years.

The other application was received by IRCC on April 13, 2023, and was approved in principle on October 21, 2024. In this case, we dealt with issues under family law and criminality; the applicant continues to maintain her status in Canada.

Every H&C application is assessed on individual merits and requires detailed preparation from the representative, and the applicant needs to provide extensive supporting documentary evidence in support of their application. The cooperation of the applicant is of utmost importance.

In Malaekeh v. Canada (Citizenship and Immigration), 2024 FC 1058, Justice Gleeson determined that it was reasonable for IRCC to conclude there was insufficient evidence of establishment due to a lack of supporting documents, even though the applicant had been in Canada for 35 years.

I invite you to read our blog and watch the video.