A group of people who enter or try to enter Canada in a way that is against the law can be considered an “irregular arrival.” This means certain rules and restrictions apply to them.
If you got here as part of an irregular arrival, you are a “designated foreign national.” The Minister of Public Safety will tell you in writing if you are one.
You cannot apply for humanitarian and compassionate grounds until five years have passed since:
If you applied for humanitarian and compassionate grounds and then became a designated foreign national, your humanitarian and compassionate grounds application will be suspended for five years from the date:
If you have an order to leave Canada (this is called a removal order), you may be able to apply to stay in Canada on humanitarian and compassionate grounds, unless any of the above restrictions apply to you.
If you apply, this will not prevent or delay your removal from Canada. You must leave on or before the date stated on your removal order. We will still process your application even if you have to leave Canada. We will tell you in writing about the decision on your case.
There is no guarantee that your application will be approved. There is no right to appeal a refused application for permanent residence on humanitarian and compassionate grounds. In some cases, we can ask the Federal Court of Canada to review the decision.
Note: Remember, you must keep your application up-to-date. If anything changes which may affect your application, it is your responsibility to tell us of the change. This is so that decision-makers have all the information that you want them to consider for your application. If you are unsure as to what to do, call us and we will guide you through the process.