Permanent Resident (PR) with Humanitarian and Compassionate

Renewing a Permanent Resident (PR) card with Humanitarian and Compassionate (H&C) grounds can provide a viable option for individuals who are unable to meet the Residency obligation of 730 days in the last five years. This type of application allows individuals to present compelling arguments based on humanitarian and compassionate grounds, which can potentially grant them an exception to the Residency obligation. While it is a discretionary process and not guaranteed, a well-constructed and persuasive H&C argument can significantly increase the chances of a successful PR card renewal.

One of the strongest arguments that can be presented in an H&C application is based on humanitarian grounds. This can include situations where an individual has faced extreme hardship or suffering that has prevented them from meeting the Residency obligation. For example, if an individual has experienced severe health issues, disabilities, or traumatic events that have made it impossible for them to be physically present in Canada, it can be a compelling argument for H&C consideration. Providing thorough documentation and evidence of the extent of the hardship, such as medical records or legal documents, can bolster the strength of the humanitarian argument.

Another persuasive argument that can be presented in an H&C application is based on compassionate grounds. This can include situations where an individual has family members in Canada who are dependent on them for care and support. For instance, if an individual is the primary caregiver for a family member with a serious medical condition or a child with special needs, and their absence from Canada would cause significant emotional, psychological, or financial distress to their family, it can be a compelling compassionate ground for H&C consideration. Providing detailed information about the dependency and the impact of the individual’s absence on their family can strengthen the compassionate argument.

Furthermore, an H&C argument can also be based on other relevant factors, such as the best interests of a child. This can include situations where an individual has minor children who are Canadian citizens or permanent residents, and their absence from Canada would adversely affect the well-being and development of the child. Providing evidence of the child’s ties to Canada, such as school records or medical records, and explaining how the child’s best interests would be served by allowing the individual to renew their PR card can be a compelling argument in favor of the best interests of the child.

Learn more about frequently asked questions about Permanent Resident Status in Canada. Click here

 

Tips for Presenting a Strong H&C Argument in Your Application for Residency Obligation Exception:

 

  • Structure your argument effectively: Clearly articulate the reasons why you should be granted an exception to the residency obligation.
  • Provide compelling evidence: Include relevant and persuasive documentation to support your H&C argument. This may include medical records, letters of support, or other relevant documents.
  • Address potential concerns or objections: Anticipate potential concerns or objections that may arise during the assessment process and address them in your H&C argument. This shows that you have thoroughly considered all aspects of your situation.
  • Be persuasive: Use clear and concise language to make your H&C argument compelling and convincing. Avoid vague or ambiguous statements and provide specific details to support your case.
  • Seek professional assistance if needed: If you are unsure about how to effectively structure and present your H&C argument, consider seeking assistance from an immigration law professional to ensure that your application is strong and persuasive.

Remember, presenting a well-structured and persuasive H&C argument is crucial in your application for a residency obligation exception. By following these tips, you can increase your chances of a successful outcome in your application.

Click here to watch our YouTube channel about PR card renewal with Humanitarian & Compassionate

 

When applying for H&C

When it comes to applying for Humanitarian and Compassionate (H&C) grounds for an exemption from the usual requirements of the Immigration and Refugee Protection Act (IRPA), it’s important to understand that this is not just another means of applying for permanent resident status. H&C grounds are meant to be an exceptional measure, and to be considered for such an exemption, you must provide compelling reasons and demonstrate that you meet the specific requirements.

In your H&C application, it is crucial to clearly indicate the specific exemption(s) you are requesting and provide all relevant details related to your request. This includes explaining why you believe an exemption(s) should be granted on H&C grounds, and providing strong arguments to support your case. It is not enough to simply state that returning to your home country to apply for permanent residence is costly or inconvenient. These factors alone are not considered sufficient for H&C considerations, unless supported by other compelling factors.

To strengthen your H&C application, it is important to demonstrate that there are sufficient and compelling reasons for you to be granted an exemption, allowing you to apply for permanent residence from within Canada. This may include presenting evidence of extreme hardship or suffering that prevents you from meeting the regular requirements, such as health issues, disabilities, or traumatic events that make it impossible for you to return to your home country. Providing comprehensive and documented evidence of the extent of the hardship or suffering can greatly strengthen your H&C argument.

So, to be considered for an exemption from the usual requirements of the Immigration and Refugee Protection Act (IRPA), you must:

  • Clearly indicate in your application the specific exemption(s) you are requesting.
  • Provide all relevant details related to your request, including the reasons why you believe an exemption(s) should be granted on H&C grounds.
  • Demonstrate that there are sufficient and compelling reasons for you to be granted an exemption, allowing you to apply for permanent residence from within Canada.

It’s important to note that H&C applications require a thorough and well-organized presentation of your case. You should provide all relevant details and supporting evidence, and clearly articulate why you believe you deserve an exemption from the usual requirements based on humanitarian and compassionate grounds. A persuasive and well-structured argument can greatly enhance your chances of success in obtaining an H&C exemption for your PR card renewal.

 

Understanding Compelling Reasons for Not Meeting Residency Requirement

When applying for the renewal of a permanent residence card, it is important to meet the residency requirement, which entails residing in Canada for at least two years out of the five years prior to submitting the renewal application. However, there may be situations where an applicant was unable to meet this requirement due to compelling reasons. Let’s explore this further.

Compelling reasons refer to significant and compelling circumstances that prevent an individual from meeting the residency requirement. One example could be a situation where an applicant had to leave Canada for an extended period to take care of a sick family member. In such cases, the applicant may have been unable to physically reside in Canada for the required period, but may still have a legitimate reason for not meeting the residency requirement.

In contrast, if an individual simply landed in Canada and immediately returned to their home country, only returning to Canada when it was time to renew their permanent residence card, this may not be considered a compelling reason for not meeting the residency requirement. It is important to note that compelling reasons are evaluated on a case-by-case basis and the reviewing Officer will assess the validity and legitimacy of the reasons presented.

When claiming compelling reasons for not meeting the residency requirement, it is crucial to provide proof or evidence to support your claim. This may include documents such as medical records, letters from employers, or any other relevant documentation that can substantiate your claim. Providing detailed and credible evidence can greatly strengthen your case and increase the likelihood of a favorable decision.

It is important to be transparent and honest in explaining the circumstances that prevented you from meeting the residency requirement. Clearly articulate the compelling reasons in your application and provide all necessary supporting documentation to validate your claim. It is also advisable to seek professional assistance, such as from an immigration lawyer or consultant, to ensure that your application is well-prepared and effectively presents your case.

In conclusion, having compelling reasons for not meeting the residency requirement is a valid basis for requesting an exemption during the permanent residence card renewal process.

However, it is crucial to provide credible evidence to support your claim and be transparent in explaining the circumstances that prevented you from meeting the residency requirement. Carefully follow the application process and seek professional assistance if needed to increase the chances of a successful outcome in your permanent residence card renewal application.

 

At Akrami & Associates, we have successfully assisted numerous clients who did not meet the residency requirements in applying for permanent residence card renewal and obtaining approvals. We understand the crucial role of humanitarian and compassionate factors in saving an application, and we have the expertise to effectively present your case.

If you would like to have your situation assessed to determine whether your case may qualify for a humanitarian and compassionate grounds application, we encourage you to contact us at 416-477-2545 for a consultation with one of our immigration law professionals.

 


 

Remember, at Akrami & Associates, we believe that there is always a way to find a solution for your immigration needs.

Info@thevisa.ca

416-477-2545 / 1-877-820-7121

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