Asking for a friend here. She is working in BC and is applying for immigration with Humanitarian and Compassionate Considerations because she does not fulfill the requirment of any immigration program (EE, provincial nominee, family class, etc). The application asks that "if you are requesting an exemption because you or a family member are inadmissible, or do not meet any applicable criteria or obligation of the immigration and refugee protection act, you must to clearly indicate in your application the specific exemption(s) you are requesting". She is simply not eligible to apply to any immigration program because the criteria is so high that she is not qualified. What exactly is the article in the Immigration and Refugee Protection Act that specifies one have to be eligible to an immigration program? She could not find it, and therefore doesn't know what criteria she is requesting exemption towards. Thank you.
Humanitarian and Compassionate Immigration: specific exemption(s) requesting
- Thread starter 532019337
- Start date
Not being eligible for an immigration program is not a reason for H&C. She can learn French and be eligible.
When does here permit expire? She cannot work, access health care or services while waiting for a response. Current processing is over 2 years. Her claim will be denied if that is her reason and she will have to leave Canada. It will then be difficult for her to return. She should look at studying, learning French etc as those are ways to become eligible for immigration programs.
Last edited:
They aren’t going to just bend the rules because someone isn’t qualified . Lots aren’t qualified & don’t get PR . Also why have PR streams if anyone can just get it without being qualified ? I assume she came on a temporary work permit or PGWP ?
They are temporary in nature
She has H&C reasons as family abuse. But just based on the H&C website, "Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada. To be considered for an exemption from the usual requirements of IRPA, you must: clearly indicate in your application the specific exemption(s) you are requesting." But she does not know what requirement of TRPA she is requesting exemption from.
She has H&C reasons as family abuse. But just based on the H&C website, "Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada. To be considered for an exemption from the usual requirements of IRPA, you must: clearly indicate in your application the specific exemption(s) you are requesting." But she does not know what requirement of TRPA she is requesting exemption from.
You didn’t say that in your original post. Where is family? Can she return to a different part of the country? Has she tried moving to different parts of her country? How will they know if she returns? She needs to prove family abuse. As per IRCC
- the hardship you anticipate,
- whether the hardship would be faced in all areas of the country of origin or country of habitual residence,
- whether you ever sought assistance from the authorities, including police or non-governmental organizations, to change or improve your situation in your country, and
- if you have not sought assistance from within your country, you must provide reasons why you have not done so.
She is not eligible for economic immigration so has had time to put in an H&C claim. So she needs to show proof. Once her permit expires, it is more than 2 years without working or access to health/social services.
Last edited:
I think she's aware of the explanation part. Thank you again for the reminder. The part she is not certain about is that in the form she needs to fill out, there is a section "if you are requesting an exemption because you or a family member are inadmissible, or do not meet any applicable criteria or obligation of the immigration and refugee protection act, you must: • clearly indicate in your application the specific exemption(s) you are requesting; and • provide all details related to this request, including the reasons why you should be granted an exemption on humanitarian and compassionate grounds." combined with what is said on the website"Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada. To be considered for an exemption from the usual requirements of IRPA, you must: clearly indicate in your application the specific exemption(s) you are requesting.", it seems that she needs to find a specifc clause of IRPA that she would like excemption from, which she could not find with certainty. It should be something like "you need to qualify for an immigration program" but she could not find one
No one can tell you. She is the one who needs to figure that out. Economic immigration is not a reason so what is her reason with documentation. She needs to hire an immigration lawyer to work on the reason for H&C and not rely on an immigration forum.
People who apply for H&C are applying for a waiver to the requirement that they apply for PR outside of Canada.
What is the reference in IRPA? Someone has to look for it if it actually required for input.