Humanitarian and Compassionate Considerations (H&C) are used for cases that do not fall under the more common applications for permanent residence within the family class or economic class. H&C cases are typically unique, complex, and exceptional and are decided on a case-by-case basis. The H&C class allows immigration officers or ministers to grant permanent or temporary residency in Canada to applicants who would not otherwise meet the statutory and regulatory criteria.
Individuals who apply under this criteria often do so as a final attempt to remain in Canada after being unsuccessful in obtaining refugee status or other avenues for immigration.
When it comes to applying for Humanitarian and Compassionate (H&C) grounds for an exemption from the usual requirements of the Immigration and Refugee Protection Act (IRPA), it’s essential to understand that this is not just another means of applying for permanent resident status. H&C grounds are meant to be an exceptional measure, and to be considered for such an exemption; you must provide compelling reasons and demonstrate that you meet the specific requirements.
In your H&C application, it is crucial to clearly indicate the specific exemption(s) you are requesting and provide all relevant details related to your request. This includes explaining why you believe an exemption(s) should be granted on H&C grounds and providing strong arguments to support your case. It is not enough to simply state that returning to your home country to apply for permanent residence is costly or inconvenient. These factors alone are not considered sufficient for H&C considerations unless supported by other compelling factors.
To strengthen your H&C application, it is important to demonstrate that there are sufficient and compelling reasons for you to be granted an exemption, allowing you to apply for permanent residence from within Canada. This may include presenting evidence of extreme hardship or suffering that prevents you from meeting the regular requirements, such as health issues, disabilities, or traumatic events that make it impossible for you to return to your home country. Providing comprehensive and documented evidence of the extent of the hardship or suffering can significantly strengthen your H&C argument.
So, to be considered for an exemption from the usual requirements of the Immigration and Refugee Protection Act (IRPA), you must:
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.
In most cases, individuals who wish to apply for permanent residence in Canada must do so from their home country. However, there are exceptions for those who are already in Canada and need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada. This application is specifically for those who believe that humanitarian and compassionate considerations justify granting the exemption(s) they need.
This application is applicable if you are currently in Canada and meet the following criteria:
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:
Proof of family ties to Canada: Provide evidence of any family members residing in Canada, such as immediate family members or close relatives.
Proof of employment in Canada without a work permit: Highlight any work experience or job offers in Canada, even if you do not currently hold a valid work permit.
Proof of studying in Canada without a valid study permit: If you have pursued an education in Canada, even without a valid study permit, provide documentation to demonstrate your commitment to education.
Proof of volunteering: Show any volunteer work you have done in Canada, as it indicates your involvement in the local community.
Proof of improved language skills: If you have taken language courses or improved your language skills during your stay in Canada, provide evidence of your progress.
Proof of investment in Canada: Demonstrate your investment in Canada through property ownership or savings, indicating your commitment to establishing roots in the country.
Proof of social/familial ties within Canada/your community: Provide documentation of any social or familial connections you have established in Canada, such as community involvement, friendships, or support networks.
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:
Age of the child: Provide evidence of your child’s age and how it impacts their ability to adapt to their home country.
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:
Residing in Canada.
Not being eligible for permanent residency under the following sponsorships:
Spouse sponsorship
Common law sponsorship
Live-in caregiver program
Protected person
Please note that all communication must be in the English language.
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 is crucial to provide complete and accurate answers to all questions in the application form. This includes personal information, details about your situation, and any relevant supporting documents. Providing thorough and honest answers will help ensure that your application is considered properly.
When submitting your application online, make sure to electronically sign your application using your full name as shown on your passport. This signature is legally binding and confirms that the information provided in your application is true and accurate to the best of your knowledge.
Humanitarian and compassionate consideration applications typically require a processing fee. It is important to include the receipt for the processing fee with your application to demonstrate that the fee has been paid. Failure to include the receipt may result in your application being considered incomplete and rejected.
Supporting documents are essential to provide evidence for your humanitarian and compassionate considerations. These documents may include personal statements, letters of support, medical reports, police clearance certificates, and any other relevant documents that support your claim. Make sure to upload all required supporting documents as part of your application.
If your application is found to be incomplete or contains errors, it may be rejected. It is important to carefully review your application before submitting it and rectify any errors or omissions. This may include correcting any mistakes in your answers, providing missing information, or uploading any missing documents.
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.
One of our Representatives will
assist you with your matter. Book Now!
Book a Consultation
Call us for
more Information
+1-416-477-2545
Toll Free: 1-877-820-7121
Call us today
Complete our form and one of our
Representatives will contact you.
Immigration inquiries
One of our Representatives will
assist you with your matter. Book Now!
Book a Consultation
Call us for
more Information
+1-416-477-2545
Toll Free: 1-877-820-7121
Call us today
Complete our form and one of our
Representatives will contact you.
Immigration inquiries
This website uses cookies.