This allows individuals to apply for Permanent Residence who otherwise may not be eligible. Individuals who find themselves in Canada without status and who have been living in Canada for at least 3 years may be good candidates to apply for PR through H&C.

The legal test sets out specifically that applicants must demonstrate that they would experience unusual and undeserved or disproportionate hardship if they were required to leave Canada. The application will be assessed on the information the applicant provides and a decision will be made based on the applicant’s circumstances and whether these particular circumstances merit H&C consideration. Applications to become a permanent resident on H&C grounds are approved only in exceptional circumstances. It can take many years to process an application. There is no guarantee that your application will be approved. If refused, in certain cases asking the Federal Court of Canada to review the decision is advisable. Many in-land H&C applications are based on a significant degree on the economic and cultural establishment in Canada.