Humanitarian and Compassionate Considerations
Canada’s Humanitarian and Compassionate (H&C) considerations offer a critical pathway for individuals facing exceptional circumstances who may not qualify for other immigration programs. This pathway allows foreign nationals to apply for permanent residency in Canada based on personal hardships or other compelling factors. At Parsis Immigration, we are here to help guide you through the process, ensuring that your case is handled with care and expertise.
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What Are Humanitarian and Compassionate Considerations?
Humanitarian and Compassionate (H&C) considerations allow individuals facing exceptional circumstances to apply for permanent residency in Canada. H&C grounds are meant for people who would experience undue hardship if they were required to leave the country. These applications are only granted in exceptional cases and require substantial documentation and evidence.
Canada’s Immigration and Refugee Protection Act (IRPA) Section A25(1) allows for foreign nationals to apply for an exemption from standard immigration rules based on H&C grounds. This is not an alternative immigration pathway but a special measure for those facing significant hardships.
Who Can Apply for Permanent Residency on H&C Grounds?
You may be eligible to apply for permanent residency through H&C if:
- You are living in Canada without valid immigration status (e.g., overstayed visas, expired permits).
- You do not qualify for other immigration programs like family sponsorship or economic immigration.
- You can demonstrate exceptional circumstances, such as health issues, family ties, or hardships in your country of origin.
- You require an exemption from regular immigration rules due to inadmissibility or other barriers.
Who Is Not Eligible?
You cannot apply for H&C if you:
- Are a Canadian citizen or permanent resident.
- Have a pending or recently rejected refugee claim (within the last 12 months).
- Are a foreign national with a current H&C application still under review.
- Are designated as a foreign national (certain conditions apply).
Bringing Talent to Canada
Several factors influence the decision on an H&C application:
- Establishment in Canada: Length of stay, employment, social ties, and financial stability in Canada.
- Ties to Canada: Family members or community connections that would be severely impacted by your removal.
- Best Interests of a Child: How the removal would affect any children directly involved, particularly under 18 years old.
- Health Concerns: Life-threatening medical conditions that cannot be treated in your home country.
- Family Violence: Past or potential experiences of abuse or violence, particularly for women and vulnerable individuals.
- Hardship in Country of Origin: Risks of persecution, economic hardship, or poor living conditions in the applicant’s home country.
How to Apply for Permanent Residency on Humanitarian and Compassionate Grounds
The application process for H&C is complex and requires careful attention to detail. Here’s a step-by-step guide:
1. Gathering Supporting Documents
You’ll need to provide proof of identity (passport, birth certificate), proof of establishment in Canada (employment records, tax documents), medical reports (if applicable), and personal letters of support from family, friends, or community members.
2. Completing the Application Forms
Key forms include the IMM 0008 (Generic Application Form for Canada), IMM 5669 (Schedule A: Background/Declaration), and IMM 5406 (Additional Family Information). These forms must be completed accurately, and all sections must be filled out, or the application may be rejected.
3. Submitting the Application Online
Most H&C applications must be submitted through the Permanent Residence Online Application Portal. Ensure that all required documents are uploaded and the application fees are paid in full.
4. Paying the Application Fees
Fees include:
- Processing Fee: $635 for the main applicant.
- Right of Permanent Residence Fee (RPRF): $575.
- Biometric Fee: $85 for individuals, or $170 for families.
Processing Times and Outcomes
Processing times for H&C applications can range from 24 to 36 months, depending on the complexity of the case. Applicants should remain in Canada during the process and maintain valid temporary resident status if possible.
If Approved
Successful applicants will receive permanent residency, allowing them to settle and build their future in Canada.
If Refused
If your application is refused, you may appeal the decision to the Federal Court of Canada within 15 days. Consulting an experienced immigration lawyer, like those at Parsis Immigration, can improve your chances of a successful appeal.
Frequently Asked Questions
The success rate of H&C applications varies based on individual circumstances, such as how well the case is documented and the strength of the evidence provided. At Parsis Immigration, we help applicants build strong cases by ensuring all relevant factors are addressed.
No, individuals with a pending refugee claim are not eligible to apply for H&C. If you have a rejected refugee claim, you must wait at least 12 months before applying unless you have children under 18 or a serious medical condition.
Yes, you can include your spouse and dependent children who are residing in Canada in your H&C application. However, family members living outside of Canada must go through a separate process.
Submitting an H&C application does not automatically stop a removal order. Applicants must take steps to maintain their temporary resident status or explore other legal options to delay or stop removal from Canada.
Processing times vary but typically range from 24 to 36 months. Delays can occur if additional information or documentation is required.
If your H&C application is refused, you can appeal the decision to the Federal Court of Canada. It is essential to act quickly as the appeal must be filed within 15 days of the refusal.
Key documents include proof of identity (passport, birth certificate), proof of residence in Canada (employment records, tax filings), medical documents (if applicable), and letters of support from family, friends, or community members that highlight your ties to Canada and potential hardships.
Yes, you may be eligible to apply for a work or study permit while your H&C application is being processed. However, you must ensure that you maintain valid legal status in Canada during this period.
No, H&C applications are typically reviewed without an interview. It is essential to provide strong documentary evidence as there will be no opportunity to present your case in person.
It is not advisable to travel outside Canada while your H&C application is being processed, as you may face difficulties re-entering the country. Additionally, you may miss important notifications or requests for additional documentation.
Conclusion
At Parsis Immigration, we understand the complexities of Humanitarian and Compassionate applications and the emotional challenges involved. Our team of immigration experts is here to help you navigate the process and build a strong case for permanent residency. Contact us today for a consultation, and let us help you secure your future in Canada.