Applicants who are not eligible for permanent residence in Canada may be able to qualify based on Humanitarian and Compassionate (H&C) grounds. Humanitarian and Compassionate (H&C) is not an alternative method to apply for permanent residency; rather, it is a pathway for those in extraordinary situations. Humanitarian and Compassionate Grounds admissibility is contingent upon numerous factors. Section 25 of the Immigration and Refugee Protection Act authorizes Citizenship and Immigration Canada to award permanent residency on humanitarian and compassionate grounds to an applicant. There are other grounds on which you may be qualified, such as having worked in Canada for a number of years or having children who attend school in Canada. Possessing a large family or being a member of a religious group could also be advantageous to your case. To process the humanitarian and compassionate application, you must determine whether or not you are eligible.
A candidate for H&C may provide whatever justifications they believe will support their application. A great H&C application might be based on anything that elicits empathy and a desire to assist from others. A common one is the applicant’s inability to support themselves financially in their native country should they be deported.
The presence of a kid who might be adversely affected by the applicant’s return to their native country is also a consideration. It is imperative that IRCC prioritise the welfare of the child.
The following are examples of reasons that a candidate might provide:
· how long they’ve been in Canada and how settled they are
· family links, among other relationships, to Canada
· What would happen to their physical or mental health if they were separated from one another?
· What would be the impact of the family violence they have experienced or will experience if they are returned to their home country?
· What hardships or difficulties might they face if they were returned to their home country?
There is no hard and fast rule on how an H&C application will be decided. This provides immigration officials with substantial discretion when making decisions on such requests. To determine whether or not an application is sufficient, however, they must rely on evidence and give that evidence due consideration.
Due to the lack of an actual interview, it is crucial that you:
· provide the strongest evidence you can to back up your application and
· outline why you should be allowed to remain in Canada.
Applications that are poorly written or lack sufficient supporting evidence may be rejected.
It’s possible that you won’t qualify for H&C reasons. Accordingly, your application for H&C will be denied if you meet any of the following criteria:
· You are making your application for permanent residency outside of Canada.
· You have applied to become a legal temporary resident.
· More than one application based on humanitarian and compassionate grounds has been filed simultaneously by you.
· You’ve indicated in your application that you’re at risk of persecution, physical harm, or other cruel and unusual punishments.
· The refugee application you submitted is still being processed.
· You have recently received a negative ruling from the Canadian Immigration and Refugee Board.
To apply for permanent residency in Canada on the basis of H&C, you must fill out the appropriate documents while in Canada and give evidence of any of the aforementioned factors.
In order to mail-in your application, you must first complete all required paperwork and pay any applicable government processing fees. Remember that immigration officials have “discretion” to approve or deny H&C applications as they see fit, depending on their own evaluation of each case. However, they are required to make decisions based on all the information at their disposal.
In light of this, supporting documentation is now a crucial part of your H&C Application. It is essential that you start gathering information and documents that support your application and show your strong ties to Canada as you put together your application. The following are some types of acceptable documentary evidence:
· Canadian friends and family write letters
· Employment documentation or job offer letter
· Hardship documentation from your home country
· Details about your kids’ schooling in Canada
· Health documentation
· Financial transactions and documents
· Family violence incidents reported to police
· Imagery of your Canadian family and friends
A well-written cover letter in support of your Humanitarian and Compassionate candidacy is also essential. The purpose of this letter is to convince the immigration officer to grant your petition.
After applying, the longest and most difficult phase of the procedure begins: waiting. To process an H&C application can take anything from 24 months to 36 months on average. However, this time frame is just an average and may be significantly longer in your specific situation.
You will be permitted to stay in Canada while your application is being processed. It’s best to stay put in Canada for the time being in case you’re asked to come in for an interview or provide further paperwork.
In the event your application is denied, you may file an appeal with Canada’s Federal Court. However, time is of the utmost importance, so you must move quickly. You only have 15 days from the date of your refusal to file an application for judicial review leave with the Federal Court. Immigration law is complicated, therefore having legal representation is important.