Humanitarian and Compassionate (H&C) Applications

In recent years, Canada has undergone significant changes to its immigration policies, often making it more challenging for individuals and families to navigate the process of gaining permanent residency. As a result, many potential immigrants find themselves in precarious situations, left feeling vulnerable and uncertain about their future. One crucial avenue for these individuals is through Humanitarian and Compassionate (H&C) applications, which allow applicants to remain in Canada based on unique personal circumstances.

Understanding Humanitarian and Compassionate (H&C) Applications

H&C applications are designed to provide a pathway for individuals who do not meet the usual immigration requirements but have compelling reasons to stay in Canada. The Government of Canada recognizes that there are cases where humanitarian considerations should override the standard immigration criteria.

Eligibility for H&C Applications

Show evidence of your contributions to Canadian society, such as your employment history, community involvement, or family ties. Highlight any family members you have in Canada, particularly if they are Canadian citizens or permanent residents. Discuss any unique factors that may lead to distress or hardship if you were forced to return to your home country, such as persecution, health issues, or lack of support.

H&C applications are assessed on a case-by-case basis, and it is vital to present a strong case highlighting the reasons why remaining in Canada is essential for the applicant.

At our firm, we frequently assist three distinct groups of clients with Humanitarian and Compassionate (H&C) applications, each facing unique challenges in their quest to remain in Canada. Our comprehensive support aims to help these individuals navigate the complexities of the immigration system effectively.

Elderly Parents

One of the primary groups we assist comprises elderly parents who have strong familial ties in Canada but lack support back home. Many of these individuals have built lives surrounded by their children and grandchildren in Canada. However, due to the immigration policies that often exclude older family members from sponsorship programs, they find themselves at risk of being separated from their loved ones.

In these cases, we focus on demonstrating the significant hardship that would result from their removal. This may include the absence of support systems in their home country, which could exacerbate health issues or lead to financial instability. We help clients compile the necessary documentation to establish these factors, including medical records, letters from family members outlining their support, and evidence of the clients’ established life in Canada.

Former Temporary Residents

Another group we assist consists of former temporary residents, such as individuals who came to Canada on study or work permits. Many of these clients have spent years contributing to Canadian society but are now facing uncertainty due to recent changes in immigration laws. They may find themselves in limbo, without clear pathways to secure their status, despite their strong connections and contributions to the community.

For these clients, we emphasize their long-term residency and integration into Canadian society. We gather documentation such as employment letters, proof of payment of taxes, and records of community involvement to illustrate their commitment to Canada. Our goal is to help them present a compelling case for why they should be allowed to stay, despite the changing landscape of immigration policy.

Visitors

The third group we assist includes individuals on visitor visas who wish to remain in Canada but are unsure of their options. This can be a particularly vulnerable group, as they may be unfamiliar with the complexities of Canadian immigration laws and may fear that their visitor status could expire, leaving them without legal status.

For these clients, we provide guidance on their options, whether through H&C applications or other immigration pathways. We assist them in compiling necessary documents, including proof of their establishment in Canada during their visit, letters of support from Canadian residents, and any compelling personal circumstances that would warrant their request to stay.

Our Commitment to Support

At our firm, we understand the unique challenges that each group faces and are committed to providing tailored support throughout the H&C application process. We conduct thorough assessments to determine the most effective strategy for each client, ensuring that their unique circumstances are highlighted.

Moreover, we emphasize the importance of proper documentation in supporting H&C claims. Essential documents often include proof of family ties (like birth certificates), community involvement records, medical records for health-related claims, and personal statements that articulate the emotional and financial hardships clients may face if forced to return to their home country.

The Impact of Recent Immigration Changes

Recent changes to Canada’s immigration policies have created barriers for many individuals seeking to enter or remain in the country. Some of these changes include tighter eligibility criteria for various immigration streams and increased application processing times. As a result, individuals who may have previously qualified for certain immigration pathways may now find themselves ineligible or facing lengthy delays.

This evolving landscape has led to an uptick in applications for H&C consideration, as individuals seek alternative means to secure their residency in Canada. For many, H&C is not just an option; it is a lifeline that can mean the difference between stability and uncertainty.

The Process of Filing an H&C Application

1. Initial Assessment: The first step in the H&C application process is to conduct an assessment of your situation. This involves identifying the specific reasons for your application and gathering relevant documentation to support your case.
2. Gathering Evidence: Applicants must compile comprehensive evidence to substantiate their claims. This could include letters of support from family members, community organizations, and professionals who can attest to the applicant’s character and contributions to Canadian society. Medical reports, police records, and any other documentation relevant to the individual’s circumstances should also be included.
3. Submission of Application: The completed application form, along with all supporting documents, must be submitted to the appropriate immigration office. It is crucial to ensure that all information is accurate and complete, as any discrepancies could lead to delays or denials.
4. Awaiting a Decision: After submitting the application, applicants will typically have to wait for a decision from immigration authorities. This waiting period can vary, but it is essential to remain patient and prepared for any follow-up inquiries from the authorities.
5. Possible Interview: In some cases, applicants may be required to attend an interview with an immigration officer. This is an opportunity for the applicant to clarify any information provided in the application and further explain their reasons for seeking H&C consideration.
6. Decision Notification: Once a decision has been made, applicants will be notified of the outcome. If approved, the individual will receive permanent residency status in Canada. If denied, there may be options for appeal or reconsideration.

How We Can Help

Our experienced team is dedicated to navigating the complexities of H&C applications, ensuring that our clients receive the support they need during this critical time in their lives. We believe that everyone deserves the opportunity to build a future in Canada, and we are here to help you achieve that goal. If you or someone you know is facing challenges related to immigration, we encourage you to reach out to our firm for personalized assistance.

Navigating the complexities of H&C applications can be daunting, especially for those who are already facing difficult circumstances. At Akrami & Associates, we are committed to assisting individuals and families through this challenging process.

If you or someone you know is facing challenges in navigating Canada’s immigration system, reach out to Akrami & Associates. Together, we can explore your options and work toward securing a brighter future in Canada.

Contact us today:

416.477.2545

info@thevisa.ca