Have you ever been in a life threatening situation? What would happen if you could not return to your country because you are afraid for your life? These situations can arise when you belong a particular group. This could include
- You belonging to a particular race
- Your religion
- Your sexual orientation
Canada accepts applications of this sort which are called H&C applications or applications based on Humanitarian and Compassionate considerations.
How do I File an H&C application? What are the important issues to be noted?
- For an applicant to file an H&C application, you need not be a refugee. In other words these applications are restricted to refugees.
- The application to stay in Canada based on H&C grounds can be made anytime.
What are the Steps Involved in This Process? What Does it Involve on the Part of the Applicant?
- Scheduling a consultation should be your first step. Here we assess your situation and inform you if you have reasonable grounds to file an H&C application.
- This application is not for everyone. It is a special application used only when a person upon returning to his country would face death or torture or worse. It is used when the applicant is unable to return to his/her home country due to special circumstances.
- Those applicants who would face an extraordinary level of problems if forced to return to their country gets priority from the government and are eligible to file an H&C application.
The government of Canada allows those people who have no other means to become permanent residents of Canada to use the H&C application. But this does not mean that everyone can apply for a permanent residence permit by means of this application. The application which is made on H&C grounds is given careful consideration by the government.
The government uses several parameters to determine whether an applicant can be awarded permanent residence in Canada. Are you wondering what these parameters are? Take a look below and you will have all the answers.
- Have you grown used to Canadian way of life? Are you comfortable and established in Canada?
- Do you have family in Canada?
- Do you have children in Canada?
- Would it be advisable to separate you from your children?
- Would any harm come to you if the government refuses to grant your request?
The below are Some Recent Changes:
- The H&C application should be submitted only if the applicant is interested in obtaining a permanent residence permit in Canada. According to the new changes, those who want to stay in Canada for a short while cannot apply through this process.
- In the beginning we spoke of refugees. Suppose the applicant has filed an application before the Canadian government to recognize him/her as a refugee. If the government has not yet decided on the application, then the applicant is not eligible to file an H&C claim.
As you can see, an application on H&C grounds has a lot of rules and regulations. All the information given above is an attempt to explain some of them. After an application is submitted on H&C grounds, there is no guarantee that it will be accepted. The decision rests on the government.
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.