H&C Humanitarian and Compassionate can be considered if you find yourself not eligible to become permanent residents of Canada and can demonstrate exceptional hardship, if they were to leave Canada. H&C eligibility factors: How settled the person in Canada General family times to Canada The best interests of any children involved Unusual difficulties you may face when return to home country: Risk to life, cruel and unusual treatment or punishment, persecution Unable to receive required health care You cannot apply for Humanitarian and Compassionate if: Have a pending refugee claim before Immigration and Refugee Board of Canada (IRB) hearing Had a negative decision from IRB within the last 12 months also known as “ one year bar” (abandoned and withdrawn also count as negative decision) The one-year bar does not apply: You have children under 18 who would be adversely affected if removed from Canada You have proof that you or your dependants has a life-threatening medical condition that cannot be treated in home country