Humanitarian and compassionate (H&C) considerations: Processing in-Canada applications
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Once it has been determined that an applicant is eligible to have an application assessed, the humanitarian and compassionate (H&C) application is processed in two stages:
- an H&C assessment of the requested exemptions (Stage 1 / approval in principle)
- final decision on the permanent residence application (Stage 2)
Stage 1 / approval in principle for:
- All applicants
- Applicants with family relationships
- Applicants under a removal order
- Consecutive or concurrent H&C applications or requests
Positive Stage 1 assessment
- Positive Stage 1 assessment (approval in principle)
- Request for a Certificat de Sélection du Québec (CSQ)
Negative Stage 1 assessment
Stage 2 assessment
- Processing the application for permanent residence
- Positive Stage 2 assessment
- Negative Stage 2 assessment
Withdrawing an application
If an applicant wants to withdraw their application for H&C consideration, they must do so in writing. IRCC will confirm the withdrawal request.
Communicating with applicants
The onus is on the applicant to provide all necessary information at the time of their initial application and to inform IRCC of any new information. When further information is required, the decision-maker will send a request for information letter.
Requested information is received after the specified period of time
When an applicant responds after the deadline:
| Late submissions … | Then … |
|---|---|
| a decision has already been made based on the information on file and the refusal letter has already been sent to the applicant |
|
| a decision has not been made | base the decision on all available information, including the late submissions |
Loss of contact with the applicant
Decision-makers must document any attempts to communicate with applicants and verify their current address. If correspondence is returned or the applicant does not respond, check that the correct address was used and, if applicable, that counsel was copied. The application must be processed through to a decision (i.e. approval or refusal). Decision-makers should not withdraw an application unless the applicant has formally requested it.
Dealing with fraud or misrepresentation
Decision-makers must request written information from the applicant or schedule an interview when misrepresentation or fraud related to a material fact has occurred or is suspected.
Decision-makers should do the following:
| When… | Then… |
|---|---|
| it appears that the applicant used fraud or misrepresentation to obtain a positive Stage 1 assessment |
inform the applicant of the following:
|
| no reply is received from the applicant |
|
| the applicant responds |
|
| a review of the submissions results in a finding of sufficient evidence of fraud or misrepresentation |
inform the applicant that:
|
| an applicant submits information to be considered in an A44(1) report recommendation |
|
Decision-makers must update the GCMS notes accordingly.