Shabnam Akrami Blogs
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.
How Can I Prepare a Successful application for PR with H&C
There are certain things Canadian Immigration officers look for in reviewing an application. Therefore, the more you can add to your application from the following list, the better.
Regarding Establishment in Canada
• Proof of family ties to Canada
• Proof of employment in Canada although you are without a work permit
• Proof of studying in Canada, even if it is without a valid study permit
• Proof of any kind of volunteering
• Proof of improved your language skills
• Proof you are invested in Canada in the form of property and savings
• Proof you have social/ familial ties within Canada/within your community
Regarding Harm Faced Back Home
It is important to note that personal or financial hardship in your country of origin make the case stronger for humanitarian and compassionate consideration. In your application, you will need to emphasize any arguments which can be made regarding the harm your child will face, or the ways they will be benefited by a life in Canada. The Canadian government prioritized the best interests of the child, therefore, if you can demonstrate your children’s best interests will be conflicted after going back to their country of origin, this will have a large impact on the processing of the application. Overall, you can argue many different ways and reasons you and your family will experience hardship if forced to return to your country of origin, but some common points of concern applicants mention are:
• lack of critical of medical/healthcare;
• discrimination which does not amount to persecution;
• adverse country conditions that have a direct negative impact on the applicant/ their family and children.
Making Arguments about the Best Interest of the Child
As mentioned, this is a very important area of concern for Canadian immigration officers. They have been trained to treat the Best Interest of the Child as first priority. Therefore, when consider what the best interests of a child are, the officer will consider things such as:
• the age of the child;
• the level of dependency between the child and the H&C applicant or the child and their sponsor;
• the degree of the child's establishment in Canada;
• the child's links to the country in relation to which the H&C assessment is being considered;
• the conditions of that country and the potential impact on the child;
• medical issues or special needs the child may have;
• the impact to the child's education; and
• matters related to the child's gender
If you are inadmissible to Canada, this does prevent you from applying for PR with H&C. However, the immigration officer will have to determine whether your need to remain in Canada, outweighs the risk you pose to Canadian society. If you are inadmissible, it is important to be aware of the fact that you will have to address this inadmissibility. You will submit documents to fully disclose the details of your criminal past, and to show that you are rehabilitated/ working diligently towards your rehabilitation. The officer will consider things such as:
• the type of criminal conviction;
• what sentence was received;
• the length of time since the conviction;
• whether the conviction is an isolated incident or part of a pattern of recidivist criminality; and
• any other pertinent information about the circumstances of the crime.
Applying for your permanent residency with humanitarian and compassionate consideration is a very complicated application process, as you are trying to prove to an immigration officer that despite not meeting the requirements of a permanent resident, you still deserve to have permanent residency. Due to the complex nature of this type of, it is important to seek professional help. Akrami & Associates work and have experience with many different immigration issues. We have helped many of our clients with PR under H &C. Please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information about PR under H &C or if you would like to book a consultation with an immigration professional for more advise.
With Akrami & Associates, there is always a way!