If the officer is of the opinion that H&C considerations warrant the grant of the requested exemption(s), then the officer may render a positive Stage 1 assessment if it is within their authority.
When a positive Stage 1 assessment has been made, it is for the purposes of the current application only. This positive assessment (also called approval in principle):
- exempts you from the in-Canada eligibility criteria based on Humanitarian and Compassionate considerations in order to facilitate processing the application for permanent residence from within Canada;
- exempts you from the requirement to meet any criteria or obligations of the Act or Regulations from which they have been granted an exemption by the delegated authority;
- allows you to become a permanent resident, subject to certain requirements, if these requirements were not specifically waived in the Stage 1 assessment; and
- Will put into effect a stay of removal and allow you to apply for a work permit and/or study permit
The officer assesses all information relating to the requirements and your admissibility up to the time you are granted permanent resident status, including the permanent residence interview. A final negative decision may be made at any time during processing if your or your family members are found to be inadmissible. A final positive decision is made only at the interview for permanent residence.
In cases where you have been granted an exemption to overcome inadmissibility, you should have no other inadmissibilities prior to the final decision. If other inadmissibilities are discovered during Stage 2, and where the officer does not believe that the H&C factors outweigh these inadmissibilities, the application for permanent residence will be refused unless the officer chooses to grant an exemption on their own initiative.
As you can see, a Humanitarian and Compassionate application (H&C application) is quite complex. We are here to make it easier for you.
Contact Akrami & Associates Immigration Law firm1-416-477-2545
For further information with respect to your Canadian immigration, we invite you to contact our experienced immigration representatives.