FAQs

FAQ_ Humanitarian and compassionate (H&C).

1. What exactly is an H&C application and who can apply?

An H&C application allows individuals in Canada to request an exemption from normal immigration rules when exceptional circumstances make it fair and compassionate to do so. It is designed for people who have established their lives in Canada but do not have other pathways to permanent residence. Applicants must show strong reasons such as humanitarian, compassionate, or hardship-based circumstances that justify being allowed to stay.

2. What factors does IRCC consider when deciding an H&C application?

Immigration officers review the full picture of a person’s life in Canada and abroad. Key factors include:

• Establishment and community ties in Canada

• Hardship that would result if required to leave

• The best interests of any affected children

• Any other relevant humanitarian or compassionate circumstances

The goal is to decide whether refusing the application would cause undue hardship or be inconsistent with Canada’s values of fairness and compassion.

3. How strong are the chances of success with an H&C application?

Each case is unique, and H&C decisions are highly discretionary. Success depends on the strength and consistency of the evidence presented. Cases supported by clear documentation, proof of ties, hardship, and genuine establishment tend to have stronger outcomes. A well-prepared submission that tells the full story with solid evidence greatly improves the chances of approval.

4. Can I apply for H&C if my refugee claim or another application was refused?

Yes, you can apply for H&C consideration even if you have had a previous refusal, but certain restrictions apply. For example, there is usually a one-year bar after a negative refugee decision unless there are exceptional circumstances such as the presence of a child under 18. It is also important to know that filing an H&C application does not automatically stop a removal order, so strategic planning and proper legal guidance are essential.

5. What documents should I include in my H&C application?

A successful H&C application depends on strong and credible evidence. Common supporting materials include:

• Personal statements or affidavits explaining your situation

• Proof of employment, community involvement, and schooling

• Letters of support from employers, teachers, and community leaders

• Documentation of hardship abroad such as medical or safety concerns

• Evidence related to the best interests of any affected children

The goal is to show genuine roots in Canada and compelling reasons why leaving would cause serious hardship.

FAQ_ Lonely Canadian

What is the Lonely Canadian Sponsorship category?

The Lonely Canadian Sponsorship applies to Canadian citizens or permanent residents who have no close family members in Canada and wish to sponsor a relative abroad. It is designed for individuals who have no spouse, common-law partner, children, parents, or siblings living in Canada and no one else they can sponsor under the regular family class.

Who qualifies as a Lonely Canadian?

A person qualifies as a Lonely Canadian if they are a Canadian citizen or permanent resident who has no living or residing relatives in Canada such as a spouse, common-law partner, child, parent, or sibling. This allows them to sponsor one relative of any age or relationship from abroad if they meet all the eligibility and financial requirements.

Can someone without financial means still apply?

Financial ability is an important part of sponsorship, but there are cases where a humanitarian and compassionate approach may be considered. If the sponsor cannot meet the income requirement but the sponsored relative is self-sufficient or already providing essential care, an H&C application may support the case by showing that approval serves both compassion and the public interest.

Can a Lonely Canadian sponsor an adult child or their family?

Yes, it may be possible in limited circumstances. Normally, an adult child is not eligible under the family class. However, if the sponsor meets the definition of a Lonely Canadian and no other sponsorship options are available, the case can sometimes be considered under humanitarian and compassionate grounds.

What kind of evidence is needed to prove eligibility?

How long does a Lonely Canadian sponsorship take to process?

A strong case clearly shows the absence of other family in Canada, the genuine emotional and practical connection with the person being sponsored, and the humanitarian reasons why approval is justified. Evidence of hardship, compassion, and the best interests of any children affected can make a meaningful difference.

Yes. Canadian immigration law recognizes all genuine family relationships equally, regardless of gender or family structure. What matters is proving the legitimacy of the relationship and the absence of other qualifying relatives in Canada.

Can same-sex families or blended families qualify?

What makes a strong Lonely Canadian case?

Strong documentation is essential. This includes proof of the sponsor’s family situation in Canada, such as birth certificates, death certificates, or affidavits confirming there are no other relatives who can be sponsored. Evidence of the relationship to the person being sponsored, financial records, and letters of support should also be included.

Processing times vary depending on the visa office and the complexity of the case. Standard family sponsorship timelines can range from 12 to 24 months, while cases involving humanitarian and compassionate grounds may take longer due to additional review.

FAQ_ Residency Obligation

What is the Canadian Permanent Residency obligation?

A permanent resident must be physically present in Canada for at least 730 days within a 5-year period to maintain their status. These days do not have to be consecutive.

What counts as “time in Canada”?

Time physically spent inside Canada counts. Some time spent outside Canada may also count if you are:

• Accompanying a Canadian citizen spouse or parent

• Employed full-time by a Canadian business or public service abroad

• Accompanying a permanent resident spouse or parent who is employed by a Canadian business abroad

What happens if I have not met the 730-day requirement?

You may be found to have lost your permanent resident status unless you can prove there are Humanitarian and Compassionate (H&C) reasons for your absence. These could include medical issues, family caregiving, or other serious personal circumstances.

How can I prove I met my residency obligation?

You can use passports, entry and exit records, employment records, school enrollment, tax filings, or lease agreements. IRCC and the Canada Border Services Agency often verify your travel history with the CBSA and foreign authorities.

What if I am outside Canada and receive a Residency Determination

If a visa office finds you do not meet the obligation, you will receive a decision letter. You can appeal this decision to the Immigration Appeal Division (IAD) within 60 days. You must show that you met the requirement or that there were compelling H&C reasons for your absence.

Can I return to Canada while my appeal is pending?

You may be allowed to return if you still hold a valid PR card or Permanent Resident Travel Document (PRTD), or if you can enter as a permanent resident pending appeal. However, the ability to travel depends on your individual circumstances and airline discretion.

Can family caregiving outside Canada count as an H&C reason?

What should I do if my PR card expired but I want to keep my status?

Yes, caring for an ill or elderly parent abroad is one of the most common H&C grounds considered. The key is to provide solid documentation and demonstrate ongoing commitment to Canada.

You may still be a permanent resident even if your PR card expired. The status does not expire automatically with the card. However, you should avoid applying for a new card or PRTD without first reviewing whether you meet the residency requirement, as it may trigger a review.

Can I reapply for permanent residence if I lose my status?

Yes. You can apply again through another immigration program, but you will start from the beginning like any other applicant. It is usually better to appeal or make an H&C application before losing status.

How can an immigration representative help?

A regulated consultant or lawyer can help you prepare a Residency Obligation appeal or an H&C PR application, collect supporting evidence, and build a strategy that highlights your genuine connection to Canada and your reasons for absence.

FAQ-Spousal Sponsorship

Who can I sponsor as a spouse or common-law partner?

You can sponsor your legally married spouse or your common-law partner if you are a Canadian citizen or permanent resident. A common-law partner means you have lived together in a marriage-like relationship for at least 12 consecutive months and can show shared responsibilities and commitment.

Does this include same-sex partnerships?

Yes. Same-sex marriages and common-law relationships are fully recognized under Canadian immigration law. What matters most is that the relationship is genuine and meets the legal or cohabitation requirements.

What makes a relationship “genuine” in the eyes of immigration officers

A genuine relationship is one built on love, trust, and shared life goals, not one entered into for immigration purposes. Officers look for consistency in your story and evidence such as shared finances, communication, time spent together, family support, and mutual plans for the future.

How long must we live together for common-law sponsorship?

To qualify as common-law partners, you must have lived together continuously for at least 12 months in a marriage-like relationship. Short, temporary separations for work, travel, or family reasons are acceptable if you can show that the relationship continued during that time.

What happens if my sponsorship application is refused?

You cannot sponsor a new spouse or partner until your previous marriage is legally dissolved. However, if you are separated and living in a genuine common-law relationship with your new partner for at least 12 months, you may qualify under the common-law category once you meet the requirements and can show proof of separation from your former spouse.

What is the difference between inland and outland/overseas sponsorship?

Yes. If you apply under the inland sponsorship stream, your spouse may be eligible for an open work permit once the application is submitted and approved in principle. This allows your spouse to live and work in Canada legally while waiting for the final decision.

What happens if we separate or divorce after I sponsor my spouse?

Can I sponsor my partner if I am still legally married to someone else?

What if I got married outside Canada? Will my marriage be recognized?

If you divorce or separate after your spouse becomes a permanent resident, they can usually keep their status. However, as the sponsor, you remain financially responsible for them for three years after they land, regardless of your relationship status.

Your marriage will be recognized in Canada if it is legally valid in the country or region where it took place and is consistent with Canadian law. For same-sex couples, the marriage must be legally recognized in that country or province where it occurred. If it is not legally recognized, you may still qualify as a common-law or conjugal partner.

Periods of temporary separation can be acceptable if you can show that the relationship remained strong and ongoing. Evidence may include continuous communication, financial support, travel history, joint obligations, and future plans to reunite. Officers look at the overall consistency of your relationship, not just the time spent physically together.

How do I prove a common-law relationship if we were apart for some time?

Can my spouse work in Canada while the sponsorship is in process?

If your application is refused, you can review the reasons for refusal, request your GCMS notes, and submit a stronger re-application. It is important to address every concern raised in the officer’s decision and include clear, consistent evidence that supports the genuineness of your relationship.

Inland sponsorship is for couples already living together in Canada. The sponsored partner can usually stay in Canada during processing and may be eligible for an open work permit. Outland sponsorship is for couples where the partner lives outside Canada or needs to travel freely during the process. Both options can lead to permanent residence, but the best choice depends on your situation.

How long does a spousal or common-law sponsorship take to process?

Can I sponsor my same-sex partner if we have not lived together for 12 months?

If you are unable to live together due to legal, cultural, or other barriers, you may apply under the conjugal partner category. This category applies to couples who have been in a committed relationship for at least one year but cannot cohabit due to circumstances beyond their control.

Processing times vary depending on where the applicant is living and how complete the application is. On average, it takes about 10 to 14 months for most cases ( at the time of this article). Submitting a clear, well-documented application can help avoid delays.

Incomplete forms, inconsistent answers, lack of supporting documents, or unclear timelines are common reasons for delays or refusal. Misrepresentation or providing false information can lead to serious consequences. A detailed and honest submission with strong evidence is always the safest approach.

What can delay or harm a sponsorship application?

Can I sponsor my partner if I was sponsored to Canada myself?

Yes, but only after you have become a permanent resident and have lived in Canada for at least five years since your own landing date. You must also meet the financial and eligibility requirements before sponsoring someone else.

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