H&C grounds apply to people with exceptional cases. Applications to become a permanent resident based on H&C grounds are assessed on a case-by-case basis. Factors that are looked at include:
•how settled the person is in Canada,
•general family ties to Canada,
•the best interests of any children involved, and
•what could happen to the applicant if the request is not granted.

Recent changes to Canada’s immigration law have limited who may apply on H&C grounds, and what factors may be taken into account.
•You may only request H&C if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. H&C requests from temporary resident applicants will not be considered.
•You cannot have more than one H&C application at the same time.
•H&C decision makers will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment. (This does not apply if you applied prior to June 29, 2010.)
•You cannot apply for H&C if you have a pending refugee claim. To do so, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing (i.e., before substantive evidence has been heard). (This does not apply to people with pending refugee claims who applied on H&C grounds before June 28, 2012.)
•You cannot apply for H&C if you had a negative decision from the IRB within the last 12 months. If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision. This is called the “one year bar.” The bar does not apply if: you have children under 18 who would be adversely affected if you were removed from Canada, or you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.

Note: All the information above solely based off the information provided by Citizenship and Immigration Canada official website.

Please contact us directly for more information.