Humanitarian and compassionate (H&C) considerations assessment: Establishment in Canada

Applies to  in-Canada

Persons who submit an application for permanent residence on humanitarian and compassionate (H&C) grounds in Canada may have spent an extended time in the country and may claim to be well established. There is no strict rule relating to the period of time in Canada, but it is expected that a significant degree of establishment takes several years to achieve. When assessing a person’s establishment, decision-makers should consider the following:

• how long the applicant has been in Canada
• whether the circumstances that led the applicant to remain in Canada were beyond their control
• whether the applicant is or was the subject of an administrative deferral of removal (ADR) or temporary suspension of removals (TSR)
• the degree to which the applicant has co-operated with the Government of Canada, particularly with regard to travel documents, and; whether the applicant willfully lost or destroyed travel documents (decision-makers may contact the CBSA Removals Unit to determine why the applicant does not have a travel document)
• whether the applicant has a history of stable employment
• whether there is a pattern of sound financial management
• whether the applicant has remained in one community or moved around
• whether the applicant has integrated into the community through involvement in organizations, voluntary services or other activities
• whether the applicant has undertaken professional, linguistic or other studies that show integration into Canadian society
• whether the applicant and their family members have a good civil record in Canada (no criminal charges or interventions by law enforcement or other authorities for domestic violence or child abuse)

Decision-makers may consider the applicant’s establishment up to the time of the Stage 1 assessment. The fact that the applicant has some degree of establishment in Canada is not necessarily sufficient to justify granting relief on H&C grounds.

A positive H&C consideration may be warranted when the inability to leave Canada due to circumstances beyond the applicant’s control is of a significant duration, and when there is evidence of a significant degree of establishment in Canada.

What is meant by circumstances beyond the applicant’s control

Circumstances beyond the applicant’s control

• The applicant’s home country was subject to an administrative deferral of removals (ADR) or a temporary suspension of removals (TSR) (section R230)
• The applicant was awaiting a decision on an immigration application and spent several years in Canada with status
• The applicant’s inability to leave Canada is due to any other circumstances beyond their control

Circumstances not beyond the applicant’s control

• The applicant has been in Canada for a number of years and is unwilling to sign or provide information for a passport application
• The applicant willfully lost or destroyed their travel document(s)
• The applicant has gone “underground” and remains in Canada illegally
• The applicant’s inability to leave Canada is not beyond their control and could reasonably be viewed as a strong negative factor