At Lyon Stern, we specialize in helping clients navigate this complex application process. With years of experience and a deep understanding of immigration law, our team ensures that your application is compelling, complete, and positioned for success.

If you’re considering an H&C application, this guide will provide you with a comprehensive overview of eligibility, the application process, and how Lyon Stern can assist you every step of the way.

What Are Humanitarian and Compassionate (H&C) Grounds PR Applications?

An H&C application is a special pathway to Permanent Residency in Canada. It is intended for individuals who face exceptional hardships if required to return to their home country or who have compelling circumstances that justify staying in Canada.

This pathway is governed by Section 25(1) of the Immigration and Refugee Protection Act (IRPA), which allows Immigration, Refugees and Citizenship Canada (IRCC) to grant PR status based on humanitarian and compassionate grounds.

Who Can Apply for H&C?

An H&C application is available to individuals in Canada who:

• Are not eligible to apply for PR through other immigration programs, such as Express Entry or Provincial Nominee Programs (PNPs).
• Face exceptional hardship if required to leave Canada and apply through regular immigration channels.
• Have compelling reasons to remain in Canada, such as family ties, medical conditions, or the best interests of a child.

It’s important to note that H&C applications cannot be used as a way to appeal a rejected refugee claim. Additionally, applicants cannot have an active refugee claim while submitting an H&C application.

Factors Considered in H&C Applications

When assessing an H&C application, IRCC evaluates several factors to determine whether granting PR is justified. These factors include:

1. Hardship in the Home Country
   Applicants must demonstrate that returning to their country of origin would cause undue hardship. This may include:
   • Risk of persecution or violence.
   • Lack of access to medical care.
   • Severe economic hardship.
2. Establishment in Canada
   The longer you’ve lived in Canada and the stronger your ties to the community, the more compelling your case. Evidence may include:
   • Employment history.
   • Community involvement.
   • Educational achievements.
3. Family Ties in Canada
   Having close family members in Canada (e.g., Canadian citizens or PR holders) can strengthen your application.
4. Best Interests of the Child
   If your application involves children, IRCC will place significant weight on how the decision will impact their well-being. This includes:
   • Access to education.
   • Emotional and psychological stability.
   • Family unity.
5. Medical Conditions
   If you or a family member has a serious medical condition that cannot be adequately treated in your home country, this may be a strong factor in your favor.

Steps to Apply for an H&C PR Application

1. Assess Eligibility

The first step is to determine whether you qualify for an H&C application. At Lyon Stern, we conduct a thorough assessment of your case to identify the most compelling factors and ensure you meet the criteria.

2. Gather Supporting Evidence

An H&C application requires extensive documentation to support your claims. This may include:

• Medical records.
• Letters of support from employers, community leaders, or family members.
• Proof of financial stability, such as pay stubs or tax returns.
• Evidence of family ties, such as birth certificates or sponsorship letters.

3. Complete the Application

The application form must be carefully completed, with detailed explanations of your circumstances and why you qualify for H&C consideration. Our team at Lyon Stern ensures that your application is error-free and persuasive.

4. Submit the Application

Applications are submitted to IRCC and can take up to 24 months to process. During this time, IRCC may request additional documentation or clarification.

5. Await a Decision

If your application is approved, you will be granted Permanent Resident status. If it is denied, you may have the option to reapply or seek judicial review.

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When Results Matter, Count on Lyon Stern.

Why Choose Lyon Stern for Your H&C PR Application?

An H&C application is one of the most complex immigration processes, requiring a deep understanding of Canadian immigration law and a strategic approach to presenting your case. At Lyon Stern, we pride ourselves on our expertise, professionalism, and client-centered approach.

Here’s how we can help:

1. Comprehensive Case Assessment
   We take the time to understand your unique situation, identifying the strongest factors that support your application.
2. Expert Documentation Preparation
   Our team ensures that your application is complete, accurate, and supported by compelling evidence.
3. Personalized Guidance
   Every client’s story is different. We craft a tailored strategy that highlights the humanitarian and compassionate factors most relevant to your case.
4. Proven Track Record
   With years of experience handling complex H&C applications, we know how to navigate the challenges and maximize your chances of success.
5. Compassionate Support
   We understand that applying on H&C grounds often involves sensitive and difficult circumstances. Our team provides compassionate, professional support throughout the process.

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Common Questions About H&C Applications

• Can I apply for H&C from outside Canada?
  H&C applications are generally for individuals already in Canada. However, exceptions may apply in certain rare circumstances.
• What happens if my application is denied?
  If your application is rejected, you may be able to reapply or pursue a judicial review in the Federal Court.
• Can I work or study while my application is being processed?
  If you already have a work or study permit, you can continue to work or study while your H&C application is under review.

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Take the First Step with Lyon Stern

Applying for PR on humanitarian and compassionate grounds is a life-changing decision, but it requires careful planning and expertise. At Lyon Stern, we are committed to helping you present the strongest possible case, giving you the best chance of success.

Contact us today to schedule a consultation. Let us help you navigate this complex process and take the next step toward building your future in Canada.