Section 25 of the Immigration and Refugee Protection Act permits individuals to apply for landing from inside or outside Canada on humanitarian and compassionate (H&C) grounds. Section 25 permits the Minister of Citizenship and Immigration, upon request of a foreign national who is inadmissible or who does not meet the requirements of this Act or on the Minister’s own initiative, to examine the circumstances concerning the foreign national. The Minister may grant the foreign national permanent resident status if the Minister is of the opinion that it is justified by H&C considerations, taking into account the best interests of a child directly affected, or by public policy considerations.

H&C applications are assessed based on the applicant’s establishment in Canada (if filed in Canada) and the degree to which the applicant would experience hardship if forced to apply from outside of Canada.

The existence of a pending H&C application does not prevent the Minister from deporting the applicant from Canada before his/her application has been considered.

Success with this type of application is usually limited to individuals who have been in Canada for a lengthy period of time or who are spouses of Canadian citizens or permanent residents who are in Canada. Permanent residence may also be granted to other people with specific circumstances that are extremely compelling.

If you have been denied temporary entry to Canada, through a visa office abroad or at a Canadian border or airport, you may be eligible for a Temporary Resident Permit (TRP).

Foreign nationals who have committed a crime or have been charged or convicted of a crime may also require a TRP to enter Canada. This includes individuals who have committed an offence of driving under the influence (DUI) for example.

If you were found inadmissible, you must have a compelling reason to enter Canada. Compelling reasons may include, but are not limited to:

• Entry for business, trade or investment purposes;
• Entry to see family members who are ill;
• Entry for emergency purposes; or
• Entry for leisure purposes, in some circumstances.

When applying to a TRP, you must demonstrate to Citizenship and Immigration Canada (CIC) that you are unlikely to pose a threat or risk to Canadian society. All applications are decided by visa officers on a discretionary basis and it is important to submit a strong TRP application with relevant supporting documents.

There are different ways to submit a TRP application and you should consult with an immigration lawyer before submitting your application.