Humanitarian and Compassionate
Humanitarian and Compassionate Canada
H & C stands for Humanitarian and Compassionate Applications for Permanent Residency of Canada. This type of applications are for those people who have no legal status in Canada yet they do not want to leave Canada and want to stay here.
To apply for H&C application, you have to establish that you will suffer a life of extreme hardship if send to your home country.
How Can a Person Qualify for Humanitarian & Compassionate Application?
H and C applications are for people without legal status and with no other option available to them. Some important factors for having a successful application under H & C grounds are:
- If you have family ties to Canada
- If you are employed in Canada although you are without a work permit
- If you are studying in Canada without a valid study permit
- If you are doing any kind of volunteering
- If you are upgraded your language skills
- If you are invested in Canada in the form of property and savings
- If you have social ties with Canada within your community
Who Has The Best Chance Of A Successful H&C Application?
The best chance under H&C applications are for people that have lived in Canada first legally then they have become illegal due to their expires visa. During these years they have established themselves in Canada and they do not intend to go back due to problems faced in their home countries.
Is Hardship Suffered in Home Country a Valid Point for Humanitarian and Compassionate Applications?
Yes, it is. Majority of applications are assessed on the basis of problems faced by a person if he or she is to return to his or her native country. It is important to note that economic and/or social hardship suffering at native country make the case stronger for humanitarian and compassionate arguements but these are not essential for H&C applications.
Who Qualifies for Humanitarian and Compassionate Considerations
Applying for humanitarian and compassionate considerations is usually the last resort for applicants who wish to remain in Canada when little other options are available to them.
An application with humanitarian and compassionate circumstances is essentially asking Citizenship and Immigration Canada to make an exception to guidelines in light of extenuating and extreme circumstances. As an applicant, you may use this application to apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:
- Are a foreign national currently living in Canada
- 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
- Believe you would experience unusual and undeserved or disproportionate hardship if you are not granted the exemption you need
- Are not eligible to apply for permanent residence from within Canada in any of these classes: Spouse or Common-Law Partner, Live-in Caregiver, Protected Person and Convention Refugees, Temporary Resident Permit Holder, Federal Skilled Worker, Express Entry etc
H&C Assessment Factors
To file a successfully Humanitarian and Compassionate application, you need to keep the below in mind
Factors Related To Country Of Origin
- An applicant's links with their country of origin (e.g. the length of time they resided in their country of origin, their ability to speak the language, return visits since their arrival in Canada and family members remaining in the country of origin); and
- Family members' link(s) to the applicant's country of origin, if applicable (e.g. the length of time spent in applicant's country of origin, their ability to speak language of the applicant's country of origin, other family members in the applicant's country of origin).
Factors Related To Current Immigration Status
- Current immigration or citizenship status of each member of the family;
- Applicant's immigration status at the time the family links were formed (i.e. status at the time of marriage, of having children, etc.); and
- Applicant's immigration status was lost after the family links were formed, what was the original status and under what circumstances was the status lost?
Factors Related To Links With Family Members
- The effective links with family members (children, spouse, parents, siblings, etc.) in terms of an ongoing relationship as opposed to a simple biological fact of relationship;
- An applicant's place of residence in relation to the family members, particularly their children;
- Any previous period of separation (what was the duration and the reason?);
- Court order in relation to custody arrangements, if applicable;
- If the applicant is the non-custodial parent, have they been exercising their visitation rights?
- Information indicated in the family court documents about the family's circumstances;
- The degree of psychological/emotional support in relation to other family members;
- Whether the family will have the option of being together in another country or be able to maintain contact; and
- The impact on family members, especially children, if the applicant is removed.
We Can Help You With Your Humanitarian and Compassionate Application!
We have dealt with hundreds of Humanitarian and Compassionate application cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. We can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save your from hassle.
If you are worried about the legal fees, don't be! Our goal is to help everyone that is interested in immigrating to Canada. Contact us and we can provide numerous options for you. You can also purchase our very affordable Do it Yourself Immigration Kit which details everything for you. If you are still not sure, feel free to get back to us. We will review your case before you submit it to give you the best possible outcome.
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