Section 25 of Immigration and Refugee Protection Act provides that, subject to other sections of the Act, the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible or who does not meet the requirements of the Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible and who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of the Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
You can make an application for permanent residence if:
- You are not eligible to become a permanent resident of Canada, and your circumstances warrant that an exception relief shall be granted, taking into consideration the best interests of a child directly affected
- You are inadmissible to Canada due to some of the provisions of the Immigration and Refugee Protection Act
H & C Class Applications are complex and involve extensive use of discretion by immigration officers. It is imperative to consult a lawyer before such an application is submitted.
