I have lived in Canada for several years. My children are here, I work, volunteer in my community and have no criminal record. I want to apply for permanent residence, but I was told that I do not qualify for a humanitarian and compassionate application because I cannot prove enough hardship if I return to my home country. Has the law changed?

The short answer is no. The law has not changed. However, Immigration, Refugees and Citizenship Canada (IRCC) recently updated the guidance its officers use when assessing humanitarian and compassionate (H&C) applications. The update is important because it reinforces what Canadian courts have been saying for years: that a H&C application is about more than hardship alone.

In 2015, the Supreme Court of Canada confirmed in Kanthasamy v. Canada that H&C applications should be assessed in a broad and compassionate manner, looking at the particular circumstances of each case.