Applications for permanent resident status with Humanitarian and Compassionate considerations are made for those who can demonstrate serious hardship if an exemption of their request is not granted. This is usually the case when returning to your home country is not an option for you because of the extreme hardship you would face as a result of such a necessity. Applications for permanent resident status with Humanitarian and Compassionate considerations are complex applications with various applicable rules and regulations that few are aware of unless they have an in-depth knowledge of the applicable law.
Here are some interesting facts about applications for permanent resident status with Humanitarian and Compassionate considerations:
1. Applications received on or after June 28, 2012, and the applicant has a pending refugee claim, then the H&C application will not be examined. The fees and application will be returned.
2. When an application is received on or after June 28, 2012, and the applicant has received a negative decision on a refugee claim from the Immigration and Refugee Board’s Refugee Protection Division (RPD) or Refugee Appeal Division (RAD), then the H&C application will not be examined until after 12 months have passed since the date of the last decision. Fees and applications will be returned. This is known as the 12-month bar.
3. The 12-month bar takes effect after the last negative decision is made at the IRB and is in effect until the one-year anniversary of the decision.
4. If an exception has been requested due to a life-threatening medical condition and, as the applicant, you would be subjected to a risk to your life due to inadequate health or medical care in your home country, you can submit evidence to support this in the form of doctor’s notes etc., an officer can use their discretion to stay such a removal.
5. Exceptions to removal apply if being removed would:
- result in a risk to life caused by the inability of your home country to provide adequate medical or health care;
- have an adverse effect on the best interests of a child directly affected by your removal. The child must be under 18 years of age.
6. When the application is received on or after June 28, 2012, and the applicant has been determined to be a “designated foreign national”, then the H&C application will not be examined for 5 years.
Applications such as these, as you can see, have many rules and regulations, and every decision you make can have consequences you cannot foresee.
If you are attempting to file an application with H & C considerations, it is highly recommended that you seek legal counsel on the matter.
The legal professionals at Akrami & Associates have a wealth of experience in assisting clients in this very situation. With an in-depth knowledge of how these applications work and an understanding of how to create the best possible scenario for you, we are confident that we can assist you in achieving your goal of remaining in Canada.