Canadian Immigration Blogs

Read blogs about Canada, Immigration Canada, and how to come to Canada.

How to Renew my Expired PR Card

How to Renew my Expired PR Card

Eligibility to Renew PR Card

Has your permanent card expired? Will it soon expire? Are you travelling outside of Canada and your card is going to expire? Not to worry, this blog will answer all of your questions regarding the process of renewing a permanent residency card.

What is permanent residency in Canada

Permanent residency refers to the status that has been given to individuals who have immigrated to Canada and are to stay permanently. Nonetheless, they are not Canadian citizens, but citizens of other countries. Permanent residents are given most of the same benefits and privileges that Canadian citizens are, these include:

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What is Humanitarian and Compassionate Consideration

What is Humanitarian and Compassionate Consideration

Find out how to apply for Humanitarian and Compassionate Consideration

Humanitarian and Compassionate consideration can apply to many different circumstances when applying for permanent residency. Please note that not all circumstances can be justified and proven with supporting documentary evidence; therefore, one should recognize that these types of applications are not easily approved. They are only approved as a last resort. Furthermore, the processing times for these types of applications can take many years. In order to prove that you have an exceptional situation that falls under the H&C consideration, it is essential for you to supply the Immigration officer with as much evidence and documentary in order for your application to be as strong as possible. Therefore, in this article, I will explain how to apply for humanitarian and compassionate consideration and other very pertinent information you should know with regards to H&C applications.

What does Humanitarian and Compassionate Consideration Entail

Humanitarian and Compassionate Consideration, also commonly referred to as H&C, is a type of application for permanent residency in Canada for specific foreign nationals who would not qualify under any other immigration class. These foreign nationals must also have compelling humanitarian and compassionate grounds to prove when applying for this type of application. 

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Permanent Residence (PR) and Humanitarian and Compassionate Grounds (H&C)

Permanent Residence (PR) and Humanitarian and Compassionate Grounds (H&C)

Applying for PR with H&C

Submitting an application for permanent residence on humanitarian and compassionate (PR with H&C) consideration is arguably the most complex application to submit, aside from applying for refugee status. This is because you are asking for permanent residence without being eligible to apply. You are essentially asking for the Government of Canada’s sympathy over your situation in order to let you obtain your permanent residence. As a result, it is important to understand when applying for PR with H&C, you are responsible for convincing an immigration officer you should not be sent back to your home country.

Who Should Apply for PR with H&C

Well, as mentioned, you should only apply for PR with H&C if you are not eligible for any other pre-existing immigration program. Furthermore, you should apply for PR with H&C if you would suffer undue harm upon return to your home country. Finally, you should apply for PR with H&C if you are already in Canada at the present time, and can prove you have established a life in Canada. If forced to leave your life in Canada, you would suffer harm in doing this as well.

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Information about Applying for Permanent Residence under Humanitarian and Compassionate Grounds

Applying for Permanent Residence under Humanitarian and Compassionate Grounds

Submitting an application for permanent residence is never easy. Now, submitting an application for permanent residence on humanitarian and compassionate (PR with H&C) consideration is a more difficult than any other type of permanent resident application. In fact, this is arguably the most complex application to submit, aside from applying for refugee status. This is because you are asking for permanent residence without being eligible to apply through any of the regularly accepted channels. Rather, you are applying on the grounds you would suffer a life of extreme hardship if sent to return to your home country. You are essentially asking for the Government of Canada’s sympathy over your situation, to avoid being sent back to your country of origin. Considering this, it is important to understand when applying for PR with H&C, you are responsible for convincing an immigration officer you should not be sent back to your home country.

Who Should Apply for PR with H&C?

Well, as mentioned, you should only apply for PR with H&C if you are not eligible for any other pre-existing immigration program. Furthermore, you should apply for PR with H&C if you would suffer undue harm upon return to your home country, and therefore you cannot return. Finally, you should apply for PR with H&C if you are already in Canada at the present time, and can prove you have established a life in Canada. If forced to leave your life in Canada, you would suffer harm in doing this as well.

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Humanitarian and Compassionate Application Assessment

Humanitarian and Compassionate Application Assessment

Who can apply for humanitarian and Compassionate Consideration?

If a foreign national is unable to apply for Permanent Residence under any available class, Humanitarian and Compassionate reasons may be necessary. When a Permanent Residence application is submitted with Humanitarian and Compassionate grounds, the immigration officer must use his or her discretion to evaluate the H & C application and decide if it warrants an exemption from the requirements of the Immigration and Refugee Protection Act. If the circumstances of the application have merit an exemption may be allowed and the Humanitarian and Compassionate application may be granted.

H & C Restrictions

Despite the special provisions allowed for a Humanitarian and Compassionate application, there are still restrictions that can exempt a foreign national from applying. You may not apply on H & C grounds if:

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What You Should Know About Humanitarian and Compassionate Consideration

What You Should Know About Humanitarian and Compassionate Consideration

What H&C is:

The cases that do not fall under the more common applications for permanent residence either within family class or economy class are considered under H&C (humanitarian and compassionate considerations). These are generally unique, complex, and favourable cases decided on an exceptional basis. The H&C class allows the immigration officer or minister to grant permanent or transient residency in Canada to applicants who would otherwise not be able to meet the statutory and regulatory criteria. Individual who apply under this criteria generally are doing so as a final attempt to remain in Canada and were often unsuccessful to gain even refugee status.

Applications:

The H&C applications are made from outside of Canada. However there is an exemption for a person living in Canada to apply for it, only in circumstances which would show that a person would face undeserved, unusual or disproportionate hardship if required to leave. This exemption does not include inconvenience of leaving an established life in Canada.

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Humanitarian and Compassionate Processing Time

Humanitarian and Compassionate Processing Time

H & C Processing Time:

The cases that do not fall under the more common applications for permanent residence either within family class or economy class are considered under H & C (humanitarian and compassionate considerations). These are generally unique, complex, and favourable cases decided on an exceptional basis. The H & C class allows the immigration officer or minister to grant permanent or transient residency in Canada to applicants who would otherwise not be able to meet the statutory and regulatory criteria. Individual who apply under this criteria generally are doing so as a final attempt to remain in Canada and were often unsuccessful to gain even refugee status.

The processing times for H&C applications depend on the type of application submitted and whether it is submitted inside Canada or outside. For Humanitarian and Compassionate cases applied inside Canada the time period is 30-42 months. For protected persons and convention refugees there are two steps. The Step 1 which is the initial assessment takes about 14 months and then step 2 which is the final decision takes 10 months to process.

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