Submitting an application with Humanitarian and Compassionate (H&C) considerations can be an extremely complex and worrisome endeavour. A lot is on the line, and applications of this sort as they are normally the last resort for people with few if any, options available to them. Many of our clients who face this situation are unknowledgeable of the complicated nature of these applications or how to go about demonstrating the necessary point they will have to make in order to be successful.
Akrami & Associates will guide you every step of the way with this. Contact us for more details.
If you intend to submit your application without the support of a representative, there are a couple of factors you should keep in mind.
H&C Important Factors
In an application with H & C consideration, you need to demonstrate unusual, undue or undeserved hardship as a result of the circumstances you face. Factors you should consider demonstrating, if applicable, are:
- establishment in Canada
- an inability to leave Canada that has led to the establishment
- ties to Canada
- best interests of any children affected by your application (see the following section for more information)
- health considerations
- family violence considerations
- consequences of your separation from relative
- factors in your country of origin (not related to seeking protection)
You may also submit any other relevant factors you wish to have considered that are not related to seeking protection.
Removal Order and H & C Applications
It is important to note that filing an application for permanent residence with Humanitarian & Compassionate considerations will not stay any removal orders that you have already been issued. This means that if you have been issued a departure, exclusion or deportation order – you may still submit an application for H & C but you will also still be required to exit the country on the appropriate date.
Documentation that you submit for your application for Humanitarian and Compassionate considerations should demonstrate a few main factors: the extenuating circumstance(s) or hardships you face should your extension not be granted, your ties to Canada as well as the best interests of any children involved. Extenuating circumstances or hardships you may face are typically factors beyond your control that would be considered undue. For example, if you were unable to maintain your residency obligation to satisfy your permanent residence status because your child abroad fell extremely ill and had no other care, and you thus returned home to provide this care. This may be considered a hardship that was beyond your control as opposed to not being able to fulfill your residency obligation because you travelled for leisure or were visiting family abroad.
Ties to Canada such as property ownership, employment and family are factors that could help demonstrate your ties to Canada. With respect to the involvement of children, an immigration office is compelled to consider these merits should the child’s circumstances be compromised in the event that you are not granted the exception you seek.
Again, demonstrating these factors are easier said than done, and there are rules and regulations that you will also need to consider. Should you be attempting this application, it would be wise to consult with a legal practitioner who is knowledgeable on such matters. Akrami & Associates has helped many individuals successfully remain in Canada when they felt that all hope was lost.