What You Should Know About Humanitarian and Compassionate Consideration

What H&C is:

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.

Applications:

The H&C applications are made from outside of Canada. However there is an exemption for a person living in Canada to apply for it, only in circumstances which would show that a person would face undeserved, unusual or disproportionate hardship if required to leave. This exemption does not include inconvenience of leaving an established life in Canada.

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.

However applications for H&C made from inside Canada require far more paperwork. An application package can be obtained from CIC website or from a call centre. The guide in the package described the required forms and supporting documentation that must be submitted for in Canada applications. The key document in this application is the Supplementary Information form. It is essential to complete this form with as much detail as possible.

The fees for H&C under permanent resident visa are the same for a normal permanent resident visa application. Expenses can include costs of medical examinations, legal fees, fees for police certificate and fees to obtain documents. The two fees that need to be paid to CIC is the application processing fee and the right of permanent residence fee.

H&C is not to be used for these:

It is important to note that H&C class is not intended as a parallel process to refugee determination. Refugee claimants may not submit an application for permanent residence for H&C considerations while under refugee claims are still in process. Designated foreign national may not apply for H&C for at least five years after the day of their designation or if there is a refugee claim or an appeal pending before a division of the IRB.

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 Canadian citizens or 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.

Contact Akrami & Associates

For further information on H&C application please contact us and one of our immigration representatives will be glad to assist you.