Applying for H&C consideration is an exceptional measure it is not simply another means of applying for permanent resident status in Canada. This means that the reasons for your request need to be exceptional, may result in undue hardship, and are completely beyond your control.
In order to be considered for an exemption from the usual requirements of the Immigration and Refugee Act, you must:
- Clearly indicate in your application the specific exemptions you are requesting.
- Provide all details related to your request, including the reasons why you believe an exemption should be granted on H&C grounds.
- 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.
Note, the cost and inconvenience of returning to your home country to apply for permanent residence are not, in the absence of other compelling factors, sufficient factors for H&C considerations.
You are responsible for making sure that all circumstances and factors that you wish to have considered are provided in your application. This must include any hardship you believe you will suffer if you are not granted the exemptions you are requesting, including why the hardship would be unusual, undeserved or disproportionate.
For example, if you are claiming hardship arising from circumstances in your country of origin, your supporting documents should include the following:
- the hardship you anticipate,
- whether the hardship would be faced in all areas of the country of origin or country of habitual residence,
- whether you ever sought assistance from the authorities, including police or non-governmental organizations, to change or improve your situation in your country, and
- if you have not sought assistance from within your country, you must provide reasons why you have not done so.
It is also your responsibility to ensure that the information you provide is correct and up-to-date. This means that if your personal situation changes after you have submitted your application, you must notify CIC immediately in writing. A change in your personal situation can refer to any of the following: marital status, birth of a child, criminal convictions, change of employer, etc.
Applications with Humanitarian and Compassionate considerations are extremely complex and document-intensive applications. This may be considered your last effort when there are little to no remaining options. With much on the line, having a team of highly skilled immigration practitioners at your service can mean all the difference between success and failure.
Akrami & Associates will do everything in its power to ensure that your goals are met. We take pride in our work and what you to understand that your success is our success.