Understanding the Difference Between Refugees and the Humanitarian & Compassionate (H&C) Program in Canada

by | Mar 17, 2025 | Blogs

Canada has long been recognized for its commitment to protecting vulnerable individuals facing persecution, conflict, or hardship. Two key pathways through which individuals can seek protection in Canada are the Refugee Program and the Humanitarian & Compassionate (H&C) Program. While both offer a chance for individuals in dire situations to remain in Canada, they serve different purposes, have distinct eligibility requirements, and involve different application processes.

If you or a loved one is considering seeking protection in Canada, understanding the difference between these two programs is crucial. Below, we break down the key differences between Refugee Status and Humanitarian & Compassionate applications, including who qualifies, the application process, and what each status means for applicants.

What is Refugee Status in Canada?

Definition

A refugee is someone who has been forced to flee their home country due to a well-founded fear of persecution based on specific grounds. In Canada, refugee protection is available to individuals who are either:

  1. Convention Refugees– People outside their home country who cannot return due to persecution based on race, religion, political opinion, nationality, or membership in a particular social group (e.g., gender-based persecution, LGBTQ+ persecution).
  2. Persons in Need of Protection– Individuals who are already in Canada and cannot return to their home country because they would face torture, a risk to their life, or cruel and unusual treatment/punishment (IRCC – Refugee Protection).

 

How to Apply for Refugee Status in Canada

Refugee claims can be made in two ways:

  • At a Port of Entry(airport, land border, or seaport) – Individuals arriving in Canada can make a refugee claim upon entry.
  • Inside Canada– Individuals already in Canada can apply for refugee protection through the Immigration and Refugee Board (IRB).

The Refugee Protection Division (RPD) of the IRB reviews claims and determines if an applicant qualifies as a refugee. If approved, the claimant can apply for permanent residence. If denied, they may appeal to the Refugee Appeal Division (RAD).

 

Rights and Limitations of Refugees in Canada

  • Refugees can stay in Canada permanentlyif granted status.
  • Eligible for work permits, healthcare, and social benefitswhile awaiting a decision.
  • Pathway to permanent residence and Canadian citizenshipafter meeting residency requirements.

 

  • Not all claims are approved– If denied, claimants may face deportation unless they qualify for another status (such as H&C).

 

What is the Humanitarian & Compassionate (H&C) Program?

Definition

The Humanitarian & Compassionate (H&C) application is a special discretionary immigration pathway for individuals who do not qualify as refugees but have compelling reasons to stay in Canada. It is designed for individuals who would suffer undue hardship if they were forced to leave Canada, even if they do not meet refugee criteria.

Unlike refugee claims, which are based on persecution or danger, H&C applications focus on personal circumstances, family ties, and hardship in returning to the applicant’s home country (IRCC – H&C Applications).

Who Can Apply for H&C?

H&C applications are for:

  • Individuals who have lived in Canada for an extended periodand established deep roots (e.g., long-term residents with Canadian children).
  • People with strong family ties in Canada, including Canadian-born children.
  • Individuals who would face extreme hardshipif forced to return to their home country (e.g., lack of medical care for a serious illness, gender-based violence, systemic discrimination).
  • Those who do not qualify for refugee statusbut have humanitarian grounds to stay.

Key Differences from Refugee Claims

  • H&C applications are not based on persecution– Unlike refugees, H&C applicants do not need to prove a fear of persecution or personal danger in their home country.
  • H&C applicants must already be in Canada– Unlike refugees, who can apply from outside Canada, H&C applications can only be made from within Canada.
  • H&C applications are discretionary– Immigration officers decide each case based on its unique merits rather than set legal protections.

 

H&C Application Process

  • Applications are submitted to IRCCand reviewed on a case-by-case basis.
  • Processing times vary but typically take longer than refugee claims.
  • Approved applicants gain permanent residencebut must meet admissibility requirements (e.g., no serious criminal record).

 

Rights and Limitations of H&C Applicants

  • Successful applicants become permanent residentsof Canada.
  • Can include family membersin their application.
  • Not tied to the refugee process, making it an option for those who do not qualify under refugee status.

How We Can Help

Understanding the differences between refugee status and an H&C application is critical in choosing the right path to remain in Canada. Our law office specializes in H&C applications, ensuring that applicants present the strongest possible case based on their individual circumstances.

If you or someone you know is facing immigration uncertainty, contact us today at 204-944-8889 or email us at lawoffice@fridman.ca for personalized support.

References

 

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