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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.
The Humanitarian and Compassionate Consideration applications are created for foreign nationals in Canada that have or currently are suffering from excessive hardship if they were to return to their country of origin. Please note that hardship does not entail any costs and inconvenience.
Applicants that would like to apply for humanitarian and compassionate consideration can make a submission on any factors that affect their personal circumstances that they believe are relevant to the request for humanitarian and compassionate consideration. When Immigration, Refugees and Citizenship Canada (IRCC) are assessing applications for humanitarian and compassionate consideration, most of the time, they will not request any additional information. Due to this, it is vital for your application to provide sufficient supporting documentation and information with regards to your specific circumstances and hardships. This supporting documentation should explain why you should be considered on H&C considerations. Essentially, the responsibility is solely in your hands and it is your responsibility to provide all of the supporting documents.
Luckily, humanitarian and compassionate consideration applications also consider the best interests of the child that would be directly affected by the final decision on the H&C application. Furthermore, if you would like to make arguments on the best interests of your children, it is best to provide sufficient documentation on their behalf as well and prove how they would endure hardship if they were to return to your country of origin. Keep in mind, the best interests of your children will not outweigh any other factors that you provide in your application. The best interest of your children is only one of several different significant factors that you can address when making your humanitarian and compassionate consideration case.
Eligibility Requirements to Apply for H&C Consideration
In order to make sure that you can apply under this exceptional application, you must ensure that you qualify and meet all of the eligibility requirements in order to proceed to apply for H&C consideration. As a result, the following points are the eligibility requirements in order for you to apply for permanent residency in Canada based on humanitarian and compassionate grounds:
- Must currently reside in Canada
- You must not be eligible to apply for permanent residence from within Canada in any of the following classes: - Spouse or Common-Law Partner Sponsorship - Live-in Caregiver Program - Protected Person, or - Temporary Resident Permit Holder
- You must believe you would endure unusual hardship if you were required to leave and return back to your country of origin
As previously mentioned, should you have a spouse or common-law partner in Canada that is either a Canadian citizen or a permanent resident of Canada, then they may be able to sponsor you under the Family Class category. As a result, you should apply under the Family Class category. On the other hand, should you find out that your spouse or common-law partner is not eligible to sponsor you, then you can proceed with applying for permanent residency in Canada based on humanitarian and compassionate consideration.
Furthermore, when an Immigration officer is assessing your specific application for permanent residency with humanitarian and compassionate considerations, they will use their discretion and authority to analyze these cases with relation to Canadian values. The eligibility requirements and processing of these types of applications involve allowing these foreign nationals to gain permanent residency status in Canada, even though they do not qualify under any other category. However, it is important to note that they can also refuse these applications based on unqualified applicants. As a result, it is always important to remember that the Immigration officer that would be assessing your application will do so as accurately as they can and they will consider all of the humanitarian and compassionate considerations they can.
Contact Akrami & Associates
If you are a foreign national and would like to apply for permanent residency in Canada, but do not qualify under any other immigration category, and you would like to apply with humanitarian and compassionate consideration, we can definitely guide and help you throughout the application process. Applying for H&C applications can be quite overwhelming, especially if you are unfamiliar with how Canadian immigration applications work. Therefore, it is highly recommended that you seek out professional and experienced help before attempting to apply for an H&C application. Additionally, it is extremely important that you take into consideration the aforementioned information prior to submitting your application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients apply and obtain permanent residency with humanitarian and compassionate consideration. If you believe that you might be eligible for this application, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!
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