Some individuals are not allowed to seek exemptions. The Minister may not examine a request if:
- you are inadmissible for security reasons, for human or international rights violations, or for organized criminality;
- you are seeking an exemption from the operation of the Express Entry system;
- you have already submitted an H&C application or refugee claim that has not yet been decided;
- you are not a designated foreign national and you had a refugee claim that was rejected, abandoned, or withdrawn within the last 12 months (unless you have health conditions that could not be adequately treated in your country of origin or the best interests of a child are adversely affected);
You were named as a designated foreign national within the last five years;
You are a designated foreign national whose claim for protection was rejected within the last five years.
H&C exemptions are exceptional, and they are only granted in sympathetic cases that would compel a reasonable person to relieve the applicant of the strict requirements of the law. Our team of immigration lawyers can provide advice on whether you should apply for an H&C exemption, explain your legal options, and make compelling arguments on your behalf, supported with documentation, to establish that you merit an exemption.
Our lawyers can compile the necessary documentation and make legal submissions in your application to establish that you are both eligible for and merit an H&C exemption. You are more likely to obtain an exemption if your documentation demonstrates that your situation possesses strong humanitarian and compassionate traits, including:
- strong family or community ties in Canada;
- settlement and establishment in Canada;
- the best interests of any child directly affected
- adverse conditions in the country of origin
- separation from family in Canada; and/or
- family violence or health considerations.
H&C decision makers do not assess risk factors such as persecution, risk to life, or risk of cruel and unusual treatment or punishment. If you fear that you will suffer such treatment upon returning to your country of origin, you may consider making a refugee claim.