Humanitarian PR Application: From Out of Status to Permanent Residency
When humanitarian and compassionate grounds are the last – and only – option
Why We Write About H&C Cases
The humanitarian and compassionate (H&C) program is available to virtually anyone present in Canada. It has no particularly complex eligibility requirements: you simply apply. This accessibility attracts a great many consultants – including unlicensed ones – for whom the ability to collect fees from any client for a PR application is irresistible, regardless of the vanishingly small odds of success.
Indeed, the approval rate for H&C applications is extremely low – approximately 85% are refused. Our office's track record, however, is radically different: across all years of practice, we have not received a single refusal on an H&C application. A 100% success rate. That said, let's be realistic – this is not a guarantee of future results. H&C applications are also relatively rare in our practice, precisely because of the specificity of the grounds required.
H&C cases are difficult. Not everyone can work with them successfully. There is little reason to write about the hundreds of routine PR approvals in our portfolio. But a successful humanitarian application is a genuine achievement worth documenting.
And a final reason: for many people, the H&C program is the last and only path to permanent residency, with no alternatives whatsoever. When the legal principles behind it are well understood, the program delivers results in the most challenging cases. The case described below – involving unlawful stay, a spouse without status, and unauthorized work – is one of them.
Background
Darya and Mikhail arrived in Canada in 2014 on temporary visitor visas, coming to stay with distant relatives who had been living in the country for years.
Circumstances led them to stay longer than originally permitted. They applied to extend their stay, which was approved. Then came another extension. Then another, and another – the couple had effectively relocated to Canada, though legally they remained visitors.
In 2017, something went wrong: for reasons unclear, Darya and Mikhail failed to file a timely extension. The result was a loss of status – their presence in Canada became unlawful.
While in Canada, Darya applied repeatedly for a study permit to attend a Canadian college. Every application was refused.
Mikhail found an employer willing to hire him and even obtained an LMIA in his name – but his work permit application was refused. A second attempt was equally unsuccessful.
An H&C application for permanent residency was filed. It was processed for nearly two years and also ended in refusal.
By this point, Darya and Mikhail had worked with at least three immigration consultants from two different firms. It was one of these consultants who recommended they contact Lawpoint, as the situation was spiralling out of control.
Taking the Case
After reviewing the file, the first step was to attempt a reconsideration request on the refused H&C application. The original application had been argued rather poorly, so the odds were not high. But the attempt was necessary – if by some miracle it worked, it would save an enormous amount of effort, time, stress, and money down the line.
No miracle occurred. The reconsideration request was denied, and it was time for Plan B: a methodical preparation of a new H&C application from scratch – which appeared to be the only option with a realistic chance of success.
By this time, Mikhail's construction work had become the family's primary source of income. Unfortunately, he was working without authorization – illegally. To formalize his activity, a corporation was registered to take on contracts, perform work, and even occasionally hire subcontractors.
Registering a corporation in Canada does not require a work permit. Almost anyone can do it, subject to straightforward formalities.
Extensive work went into building the case: preparing arguments, gathering documentary evidence, and researching relevant case law. This preparatory phase took nearly a year. The application was submitted for processing in mid-2021.
The Result
In less than a year, the application was approved by immigration authorities.
Since arriving in 2014, Darya and Mikhail had submitted approximately 40 applications of various types to immigration authorities: temporary visas, study permits, work permits, extensions of stay, status restoration, temporary resident permits, and H&C applications for permanent residency. More than 30 of them were refused.
Before coming to Lawpoint, the couple's visa and immigration matters had been handled by two immigration consulting firms – firms responsible for the vast majority of those applications.
The approved application was supported by materials from more than 20 Canadian citizens and permanent residents.
The total application package was 448 pages. During processing, supplementary materials exceeding 400 additional pages were also submitted.
Lawpoint Immigration has a strong track record with humanitarian and compassionate applications – among the most complex areas of Canadian immigration law. If you are out of status, have exhausted other options, or have been refused before, professional representation can be the difference between approval and another refusal.