For H&C applications, you must clearly demonstrate that you would experience unusual and undeserved or disproportionate hardship if you were required to leave Canada. So, if your client has already left Canada, s/he may not qualify.

Hope this helps.

One of our clients wants to apply for permanent residence based on humanitarian and compassionate grounds. He was asked to leave Canada and already returned to his home country. He does not fit into any other immigration category. He worked in Canada for a number of years, has two young children and a significant other in Canada. Is he eligible to apply for permanent residence on H&C grounds from outside of Canada?

Thank you for your help!

An H&C application would be for someone who has resided in Canada for a few years and has established himself in Canada without legal status. Usually, family ties to Canada who are Canadian Permanent Residents or Canadian Citizens, employment in Canada, or social ties to Canada may show that a person has established himself in Canada. Typically, you also need to show undue hardship that you may suffer should you be required to return to your home country.

The process involves the completion of application forms and supporting documents. The application package should have a very detailed submission letter outlining all the H&C factors of your case and explain why the immigration officer assessing the case should approve your case.

Since H&C cases are largely discretionary, it is extremely important to prepare a very strong submission letter with persuasive supporting documents.

The H&C applications usually take about 18 to 24 months to process.

Hope this helps.

I am a failed refugee claiment. I want to submit an H&C application. How long does it take to apply for the H&C grounds? What does the process entail?