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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.
For those applying outside of Canada the processing time varies by the visa office at which the application is submitted. The processing times for privately sponsored refugee applications is highest in Pakistan with the time period of 66 months and the lowest being from Lebanon with wait times of 11 months. Egypt carries process time of 50 months and Philippines has 59 months. The processing times for all countries can be found on CIC website.
For those that may apply for the H&C, their application is assessed on its own merits, officers consider the humanitarian and compassionate consideration for each application on the individual basis of the applicant’s personal circumstances.
A written request for H&C exemption must be filed with an application to remain in Canada as a permanent resident or in the case of a foreign national outside Canada an application for a permanent resident visa. The application must be made by the principal applicant and where applicable by the spouse or common law partner or by the dependent children over the age of 18 who are not Canadian citizens no permanent residents.
A person with a removal order against him/her may apply for permanent residence for H&C but the application will not delay removal from Canada. the applicant must leave or before the date of removal as stated on the order. CIC cautions that the application for H&C can take as long as several years to process.
The applications made from outside does not require any specific forms for H&C. the foreign national applies for a permanent resident visa under of the existing three classes and submits a written request along for consideration on humanitarian grounds. If the visa officer determines that the individual does not meet the requirements of the class of permanent resident then the officer makes an H&C determination.
If you are looking at filing an H&C application, call us today. Let us help you!
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