Humanitarian and Compassionate

It’s important to note that H&C applications require a thorough and well-organized presentation of your case. You should provide all relevant details and supporting evidence and clearly articulate why you believe you deserve an exemption from the usual requirements based on humanitarian and compassionate grounds. A persuasive and well-structured argument can significantly enhance your chances of success in obtaining an H&C exemption for your PR card renewal.

Renewing a Permanent Resident (PR) card with Humanitarian and Compassionate (H&C) grounds can provide a viable option for individuals who are unable to meet the Residency obligation of 730 days in the last five years. This type of application allows individuals to present compelling arguments based on humanitarian and compassionate grounds, which can potentially grant them an exception to the Residency obligation. While it is a discretionary process and not guaranteed, a well-constructed and persuasive H&C argument can significantly increase the chances of a successful PR card renewal.

One of the strongest arguments that can be presented in an H&C application is based on humanitarian grounds. This can include situations where an individual has faced extreme hardship or suffering that has prevented them from meeting the Residency obligation. For example, if an individual has experienced severe health issues, disabilities, or traumatic events that have made it impossible for them to be physically present in Canada, it can be a compelling argument for H&C consideration. Providing thorough documentation and evidence of the extent of the hardship, such as medical records or legal documents, can bolster the strength of the humanitarian argument.

Another persuasive argument that can be presented in an H&C application is based on compassionate grounds. This can include situations where an individual has family members in Canada who are dependent on them for care and support. For instance, if an individual is the primary caregiver for a family member with a serious medical condition or a child with special needs, and their absence from Canada would cause significant emotional, psychological, or financial distress to their family, it can be a compelling, compassionate ground for H&C consideration. Providing detailed information about the dependency and the impact of the individual’s absence on their family can strengthen the compassionate argument.

Furthermore, an H&C argument can also be based on other relevant factors, such as the best interests of a child. This can include situations where an individual has minor children who are Canadian citizens or permanent residents, and their absence from Canada would adversely affect the well-being and development of the child. Providing evidence of the child’s ties to Canada, such as school records or medical records, and explaining how the child’s best interests would be served by allowing the individual to renew their PR card can be a compelling argument in favor of the best interests of the child.

It is crucial to present a well-structured and persuasive H&C argument in the application. This includes clearly articulating the reasons why the individual should be granted an exception to the Residency obligation, providing compelling evidence, and addressing any potential concerns or objections that may arise during the assessment process.

Seeking professional assistance from an experienced immigration consultant or lawyer, such as Akrami & Associates, can be beneficial in preparing and presenting a strong H&C argument. They can provide expert advice on the most persuasive arguments, assist in gathering relevant evidence, and ensure that the application is meticulously prepared and submitted in compliance with immigration law and procedures. Furthermore, they can provide representation and advocacy in case of any complications or challenges during the application process, safeguarding the individual’s rights and interests.

Typically, foreign nationals who wish to immigrate to Canada must apply for and obtain a permanent resident visa from abroad. However, section A25(1) of the IRPA allows foreign nationals who are inadmissible or who are ineligible to apply in an immigration class to apply for permanent residence, or for an exemption from a requirement of the Act, based on humanitarian and compassionate (H&C) considerations.

Canadian immigration officers carefully review applications for Permanent Residency (PR) through the Humanitarian and Compassionate (H&C) pathway. To strengthen your application, consider including the following points:

Regarding Establishment in Canada:

Emphasize harm to your child: Highlight any arguments demonstrating the harm your child will face if forced to return to your country of origin or the benefits they would gain from living in Canada.

Prioritize the best interests of the child: Recognize that Canadian immigration officers prioritize the best interests of the child. Consider the following factors when making arguments related to your child’s best interests:

A strong H&C application for PR in Canada should provide compelling evidence of your establishment in Canada and the harm your child will face if forced to return to your country of origin. Keep in mind the best interests of the child, and provide thorough documentation to support your arguments.

Complete the application form for one of the three immigration classes (family class, economic class, or refugee program) and provide reasons for applying on humanitarian and compassionate grounds.

If the applicant is granted approval based on humanitarian and compassionate grounds, they may apply for permanent residency in Canada, which entails:

The submission of Humanitarian and Compassionate Considerations is an important aspect of immigration applications in Canada. It is a process that allows individuals to request special consideration based on compelling humanitarian and compassionate grounds, even if they do not meet the regular immigration requirements. Here are some important points to note when submitting your application for humanitarian and compassionate considerations:

It’s important to note that the Humanitarian and Compassionate (H&C) class is not intended to be used as a parallel process to refugee determination. Refugee claimants cannot submit an application for permanent residence based on H&C considerations while their refugee claim is still pending. Similarly, designated foreign nationals are not eligible to apply for H&C considerations until at least five years have passed from the day of their designation or if there is a pending refugee claim or appeal before a division of the Immigration and Refugee Board (IRB).

For those who are eligible to apply for H&C, their application is assessed on its own merits, with officers carefully considering the humanitarian and compassionate considerations based on the individual circumstances of the applicant. A written request for H&C exemption must be filed with an application to remain in Canada as a permanent resident or, in the case of a foreign national outside Canada, an application for a permanent resident visa. The application must be made by the principal applicant, and where applicable, by the spouse or common-law partner, or by dependent children over the age of 18 who are Canadian citizens or permanent residents.

It’s important to note that having a removal order against them does not prevent a person from applying for permanent residence based on H&C grounds. However, the application will not delay the removal from Canada, and the applicant must leave on or before the date of removal, as stated on the removal order. It’s also worth mentioning that the processing time for H&C applications can be lengthy, often taking several years, as cautioned by Citizenship and Immigration Canada (CIC).

The following factors may render an applicant ineligible for submitting an H&C application:

Please note that all communication must be in the English language.

Let our team of highly skilled Canadian Immigration Lawyers and Regulated Canadian Immigration Consultants guide you through the intricate process of applying for Permanent Residence under Humanitarian and Compassionate grounds. We understand the complexities involved in presenting a compelling argument for PR under H&C, and our experience and knowledge can significantly increase your chances of success.

Don’t navigate this challenging process alone – be proactive and contact us today! We will work with you to identify and emphasize the strengths in your application, leveraging our expertise to help you achieve your immigration goals. With Akrami & Associates, there is always a way. Call us at 416-477-2545 to learn more about PR under H&C or to book a consultation with one of our immigration professionals for expert advice.