The Immigration Legislation includes provisions for Humanitarian and Compassionate grounds, which allow individuals who may not otherwise be eligible to apply for Permanent Residence. This is a crucial aspect of the Act that enables individuals to seek legal status in Canada.
Individuals who have been residing in Canada without official status for at least three years may be suitable candidates for Permanent Residence through the Humanitarian and Compassionate grounds provision. The legal criteria for this application process stipulate that applicants must demonstrate that their removal from Canada would result in unusual and undeserved or disproportionate hardship.
The assessment of the application is based on the information provided by the applicant and takes into consideration their personal circumstances. Approval of an application on Humanitarian and Compassionate grounds is granted only in exceptional cases, and the process can take several years.
It is important to note that there is no guarantee that an application will be approved, and if denied, it may be advisable to seek a review of the decision by the Federal Court of Canada. In-land Humanitarian and Compassionate applications often hinge on the applicant’s level of economic and cultural integration in Canada.
When assessing an application for Humanitarian and Compassionate grounds, a variety of factors will be taken into consideration. These include:
Additionally, the Immigration Legislation has a statutory obligation to consider the best interests of any children involved in a Humanitarian and Compassionate (H&C) application. This is a particularly compelling factor that can be argued in an H&C application.
Who can apply for permanent residency through Humanitarian and Compassionate grounds?
This application is intended for foreign nationals currently residing in Canada who are seeking permanent residency on humanitarian and compassionate grounds (H&C).
What are the eligibility criteria to apply for Canadian Permanent Residency under Humanitarian and Compassionate grounds?
To be eligible, individuals must need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada, and must believe that humanitarian and compassionate considerations justify granting the exemption(s) needed.
Who is not eligible to apply for Canadian Permanent Residency under Humanitarian and Compassionate grounds
Additionally, individuals must not be eligible to apply for permanent residence under Humanitarian and Compassionate grounds from within Canada in any of the following classes:
In addition, Individuals who may not use this application include:
How to apply for Canadian Permanent Residency under Humanitarian and Compassionate grounds
To apply for an exemption on humanitarian and compassionate (H&C) grounds, you must:
Provide information and documentation about any hardship you will face if the exemption is not granted. This includes details about your situation in your country of origin, whether you sought assistance from authorities in your country, and reasons for not doing so if applicable. If you are subject to a one-year bar on applications for permanent residence, you must also provide information to support your request for an exception.
It is important to note that any changes to your personal situation must be reported to the authorities. Additionally, you may be inadmissible to Canada due to factors such as criminal history, health, finances, or misrepresentation. It is recommended to resolve any inadmissibility before applying for permanent residence, but an exemption may be granted in exceptional circumstances.
What factors will take into consideration during assessing under Humanitarian and Compassionate application
What are the reasons for seeking legal assistance when applying for an exemption on humanitarian and compassionate grounds?
It is recommended to seek legal help for a humanitarian and compassionate application because it can help ensure that all relevant information and supporting documents are included in the application and that the application is presented in the most favorable light possible. A lawyer can also advise you on the eligibility criteria and the factors that will be considered in the assessment of your application, as well as assist in resolving any inadmissibility issues. Additionally, a lawyer can help you navigate the complex application process and represent you in any appeals or legal proceedings. Overall, seeking legal help can increase your chances of a successful application.
At Vizard, our lawyers and Immigration consultants have a deep understanding of the regulations and policies governing H&C applications, as well as the most recent case law. We use this knowledge to guide clients through the process, helping them to understand their rights and obligations and to present their cases in the best possible light.
Reach out to us now and let us guide you through the process of applying for apply for Canadian Permanent Residency under Humanitarian and Compassionate grounds.