How to Complete an Humanitarian and Compassionate Application

Posted in Humanitarian and Compassionate

An application made for permanent residence from inside Canada must be done so with Humanitarian and Compassionate considerations. Regulation states that applicants must file for their PR status from outside Canada unless an exemption is made. This application is essentially asking for that exemption based on extenuating circumstances that would cause undue hardship should you be forced to return to your home country. This is no way a means to short cut process to obtain status in Canada. These application types are not to be taken lightly and are usually a last resort when no other options are available to you. When completing your application with Humanitarian and Compassionate considerations there are a number of things you should keep in mind on how to complete your application.

First, is making sure you have all the correct forms as an excellent way to begin the process. It is recommended that the forms be completed last as information may change by the time the application is submitted or updated forms may be released by Citizenship and Immigration Canada. You will also want to make sure that you have gathered the correct documentation and that the information in your supporting documents clearly reflects the information completed on the application forms.

Forms:

Generic Application Form for Canada – IMM 0008
Additional Dependants/Declaration – IMM 0008 DEP (if applicable)
Schedule A: Background Declaration – IMM 5669
Supplementary Information – Humanitarian and Compassionate Considerations – IMM 5283
Additional Family Information – IMM 5406
Authority to Release Personal Information to a Designated Individual – IMM 475 (if applicable)

Once you have an understanding of the information that will be expected of you, gather all the appropriate documentation as per the checklist as well as any additional documentation that supports your application.

Supporting Documents:

Two passport sized photos of you and any family members in Canada
Copy of all passport pages for you and each of your family member in Canada
Proof of any status in Canada
Birth certificates or any identity documents you and your family may have
Marriage certificate, if applicable
Proof of Common Law relationship, if applicable
Divorce, annulment or death certificates, if you were previously married
Custody papers for dependent children from a previous relationship, if applicable
Adoption papers, if applicable
Original Police certificates
Details of any criminal convictions, if applicable
Any documents that support your request for Humanitarian and Compassionate considerations
Certified translation of all documents that are not in English or French

Factors that may be considered (and demonstrated) within your application:

establishment in Canada
an inability to leave Canada that has led to establishment
ties to Canada
best interests of any children affected by your application (see following section for more information)
health considerations
family violence considerations
consequences of your separation from relatives,
factors in your country of origin (not related to seeking protection)
any other relevant factors you wish to have considered that are not related to seeking protection.