Shabnam Akrami Blogs
What are Humanitarian and Compassionate Grounds
Coming Back to Canada without meeting the Residency Obligation
Are you a foreign national looking to immigrate to Canada as a permanent resident but do not qualify under any of the permanent residence class categories? Do you believe there are compelling humanitarian and compassionate factors that should qualify you for permanent residence? If so, read this blog to learn more about humanitarian and compassionate permanent residence applications, how these applications are processed and whether your application meets the requirements to be approved under this special category.
What Is Humanitarian and Compassionate Permanent Residence Applications
If you are a foreign national looking to immigrate to Canada, before you enter Canada, you are required to do two things. The first requirement is that you must submit your application for permanent residence from outside Canada. Second, you must demonstrate in your application that you meet the eligibility requirements for permanent residence as a member of one of the class categories and obtain a permanent residence visa. Once issued the Visa, you can travel to Canada and land as a permanent resident.
However, there are cases where an individual may not qualify under any of the classes but have compelling humanitarian and compassionate reasons to want to immigrate to Canada. For such individuals, they can apply under s 25(1) of the Immigration Refugee and Protection Act for an exemption from the requirements of the Act to be a member of a class.
What Do Officers Consider in Humanitarian Compassionate Grounds Permanent Residence Applications
Humanitarian and compassionate permanent residence applications are for special cases. The Applicant is essentially requesting for the officer to relieve him or her from the requirements of the Act because of the special circumstances of their case. Some of the special circumstances the Applicant can ask the officer to consider include but are not limited to the best interests of children to be affected by the decision, ties to Canada, ties to home country, and establishment in Canada.
The Officer, in granting a relief of exemption under the Act, is required to look at all humanitarian and compassionate factors but the Applicant has the onus to present their case.
How Does an Officer Assess Best Interests of a Child Directly Affected by a Humanitarian and Compassionate Decision
When assessing the best interests of the child, the officer is required to take into consideration the best interest of any child who will be directly affected by the decision. The court in Baker v Canada (Minister of Citizenship and Immigration),  2 SCR 817) determined that in deciding these applications, the Officer must be “alert, alive and sensitive” to the best interests of any child directly affected and be mindful that “[c]hildren will rarely, if ever, be deserving of any hardship” (Hawthorne v Canada (Minister of Citizenship and Immigration), 2002 FCA 475,  2 fc 555).
The child directly affected can be Canadian- or foreign-born child and could be within or outside Canada. The Applicant does not have to be the child’s parent; however, some form of relationship must exist between the Applicant and the child.
What Factors Do Officers Consider in Assessing Best Interests of the Child under Humanitarian and Compassionate Grounds Applications for Permanent Residence
The Applicant may ask the officer to look at any factor relating to the child’s emotional, social, cultural or physical welfare. For example, if the child is a minor and is dependent on you, you can provide evidence to support this and the Officer will be required to take it into consideration. The age of the child is relevant because best interest of the child is only considered when the child is under 18.
Other considerations include, the degree of the child’s establishment in Canada, the child’s connection to the home country, country conditions, impact of decision on the child’s education or matters relating to the child’s gender.
How Do Officers Assess Factors Relating to Country of Origin in Humanitarian and Compassionate Applications for Permanent Residence
Foreign nationals who want to come to Canada must demonstrate to the Officer that they will not be a burden to Canada. A way to do this is to show that if granted permanent residence, he or she will be able to establish themselves in Canada and contribute to the society. You can show to the officer that you have a history of stable employment, strong educational background, financial resources to support yourself or that you are employable.
If the Applicant has spent some time in Canada, they can provide evidence about what they have accomplished in Canada. For example, the applicant may have been involved in community programs, enrolled in a school to complete a program, or started a business. This can all be used as evidence to help show that they have integrated into Canadian society and are well established in Canada.
Contact Akrami & Associates
Humanitarian and compassionate grounds applications for permanent residence are quite complex applications and rarely approved. Applicants in these cases already do not meet the eligibility requirements for permanent residence and are requesting an exemption from an Officer from requirements to be an eligible class member based on their special situation. In order for the Officer to grant the exemption, the Applicant must show compelling humanitarian and compassionate factors to warrant a positive decision. Simply put, these applications are special cases and it takes the right approach to preparing them to increase your chances at success.
We have a track record for assisting our clients to get results and as Top Immigration Law Firm in Mississauga for two consecutive years, you can trust us to get the job done – and fast. It does not matter how complex your case is, we are committed to your cause and are ready to help you. We enjoy helping our clients through even the toughest immigration matter because here at Akrami & Associates, we strongly believe that there’s always a way!