Applying for permanent residence from within Canada: Humanitarian and compassionate considerations (IMM 5291)

Overview

This instruction guide contains all the forms and information for a person in Canada to apply for permanent residence on humanitarian and compassionate grounds.

A permanent resident is a person who can live in Canada permanently but who is not a Canadian citizen.

Important: If you believe your situation merits humanitarian and compassionate consideration, you must clearly outline those reasons in your application.

Applications for permanent residence made on humanitarian and compassionate grounds are only approved in exceptional circumstances and it could take up to several years to process an application.

There is no guarantee that your application will be approved and there is no right of appeal for a refused application for permanent residence on humanitarian and compassionate grounds.

Warning: We may not request additional information from you. It is your responsibility to list any and all factors you wish to have considered at the time you submit your application.

Who may apply?

You may apply for permanent residence on humanitarian and compassionate grounds if you:

1. currently live in Canada;

and

2. are not eligible to apply for permanent residence from within Canada in any of these classes:

• Spouse or Common-Law Partner;
• Live-in Caregiver;
• Protected Person; or
• Temporary Resident Permit Holder

and

3. believe you would experience unusual and undeserved or disproportionate hardship if you were required to leave Canada.

If your spouse or common-law partner is a Canadian citizen or permanent resident:

You are not required to have legal immigration status to apply for permanent residence in the Spouse or Common-Law Partner in Canada Class.

If your spouse or common-law partner can sponsor you, you should apply using the application Applying for Permanent Residence from Within Canada - Spouse or Common-law Partner Class (IMM 5289). Visit our website or contact our Call Centre for more information.

If your spouse or common-law partner cannot sponsor you, you may continue using this application.

Inadmissibility

If you or a family member is inadmissible to Canada, it is advisable that you resolve your inadmissibility before applying for permanent residence on humanitarian and compassionate grounds. Reasons for inadmissibility include, but are not restricted to: criminality, health, financial reasons, misrepresentation, having an inadmissible family member, etc.

Exemptions

In order to be considered for an exemption from any applicable criteria or obligation of the Immigration and Refugee Protection Act, including an exemption to overcome an inadmissibility, you must clearly indicate in your application the specific exemption(s) you are requesting. Provide all details related to your request including the reasons why you believe an exemption should be granted on humanitarian and compassionate grounds.

Submitting an application for permanent residence on humanitarian and compassionate grounds does not prevent or delay you from being removed from Canada if you are under a removal order. If you submit an application and you are under a removal order, you will have to leave on the specified removal date. We will continue to process your application and we will notify you of the decision on your application in writing.

What are humanitarian and compassionate grounds?

You must clearly demonstrate that you would experience unusual and undeserved or disproportionate hardship if you were required to leave Canada. The cost and inconvenience of applying outside Canada is not considered a hardship.

Your application will be assessed on the information you provide and a decision will be made based on your personal circumstances and whether it merits humanitarian and compassionate considerations.

We may not ask you for any additional information on the humanitarian and compassionate grounds you would like us to assess. You must ensure that all circumstances you wish to have considered are identified and included in your application. You must also include any documents which you believe will support your statements. You are responsible for providing evidence in support of any statement you make on your application.

Note: You must immediately report any change in your circumstances in writing. Refer to the section Updating your address or other information for details.

When reviewing your application, if applicable, the best interests of a child directly affected by the decision made on your application will also be taken into consideration. If you wish to have the best interest of a child considered, you must provide specific information and documents on how the child or children would be affected.

Note: The interests of a child do not outweigh all other factors in a case. The best interests of a child are only one of many important factors that will be considered when making a decision.

Support of your application (undertaking of assistance)

A family member or close relative in Canada may support your application by submitting a sponsorship (undertaking of assistance) that will be considered in conjunction with all other factors presented with your application. Sponsorship is a practical way for a family member or relative to support your application and demonstrates a commitment to support you in Canada. A sponsorship may be an important factor if your ability to support yourself is in question. For more information about sponsorship, refer to Appendix C: Sponsor’s Instructions.

<< contents | next >>