A petition for humanitarian and compassionate reasons (called H & C) is an application to the immigration ministry. Allows you to apply for special permission to stay in Canada while your application for permanent residence is pending. In many cases, the H & Cit is the last attempt to remain in the country.
You should be aware of the four risks you run when applying to remain in Canada for compassionate and humanitarian reasons, which are:
1. An H & C petition does not prevent you from being deported unless you are waiting for the results of a Pre-Removal Risk Assessment (PRRA)).
2. The chances of success in the H & C are very low – less than 20%.
3. It is your sole responsibility to prove that your H&C petition is worth approval. You have to provide supporting information and appropriate documents.
4. The H&C petition is very expensive. It costs $550 for each adult and $150 for each minor (unless the child is a Canadian citizen).
If you hire a lawyer, legal costs will be high, given the volume of work involved. You have to decide if you want to spend that money before you apply. If you decide to proceed with the H&C petition despite the risk and cost, make sure your petition and the documents you submit are convincing in support of your arguments to stay in Canada. In addition, you should make sure that the application is complete – the immigration agent is not required to inform you if something is missing, and you can simply reject your request.
If your H & C petition is denied, your only recourse is to seek judicial review, commonly called an appeal, to the Federal Court of Canada. The procedure before the cutting is difficult. You must represent yourself or hire an attorney. The court does not allow a friend or relative or immigration consultant, or worker community represents you.
There are two reasons to file an H & C petition: hardship and risk.
“Extreme deprivation” is any situation that causes you serious problems or suffering. One reason to make an H & C petition is that you would see yourself in hardship if forced to leave Canada and return to your home country.
Note: If you cannot return to your country because your government does not recognize you as a citizen, or if there is no government in effect and you have settled in Canada, you should proceed with your request.
Medical problems, by themselves, do not strengthen your case unless you or a relative runs the risk of dying in their country of the medical treatment they need. If you are in such a situation, include this medical information in your H & C petition. Also include medical information from medical experts in your country confirming the existence of the medical hazard that you or your relative would pay when you return to your country.
To prove that you would be a hardship if you were deported, you must show which is already well established in Canada. These are some of the important factors that you should consider. Remember, however, that each case is different and that you are responsible for presenting your case in the best way possible.
• How long have you lived in Canada (the longer, the better)
• How long have you been collecting welfare (social assistance) (highly recommended) that you never collect welfare – it may give the reason for the immigration agent to reject your request)
• Your knowledge of English and/or French and the efforts you have made to improve them
• efforts you have made to improve your education and skills during your stay in Canada
• The number of your relatives in Canada (the more, the better)
• How much contact do you have with your family in Canada (the more, the better)
• How much contact do you have with your family in your country (if you have many relatives and close friends in this country, it can be assumed that you would not experience deprivation to return)
• Children born in Canada (positive factor) or children still residing in their country (negative)
• Contacts in Canada other than family members
• Jobs you have had in Canada and list of taxes paid
• Your current employment and length of employment
• Your assets in Canada, including your home, RSPs, RESPs, bank accounts and investment, and commercial vehicles (the more assets, the better)
• Your assets abroad (the less, the better)
• Your involvement in the community (religious or not) and your work as a volunteer
• Positive letters of reference from people at your job, school, organizations, volunteers, religious communities, etc.
• Your financial or cultural contributions to Canada
• The specific deprivations that you and your family would face in your country.
• If you are a woman, the difficulties you face in your country are risks. “Risk” means a serious possibility that you could be affected by any of the following factors if you are forced to leave Canada and return to your country of source. You must prove that you run one or more of these risks:
• Persecution (for example, ill-treatment because of your political beliefs or religion)
• Death risk
• Risk of cruel or unusual punishment
Note: if you are applying for an H&C, you cannot state the same reasons you gave at your refugee hearing.
A Pre-Removal Risk Assessment Officer
Assessment (PRRA)) will review any H & C application that contains information about the risks of leaving Canada. You cannot be expelled from the country until that said official has not studied your request and made a decision.
If, having read this document, you decide to make a petition, follow these steps:
• Obtain the applicant’s guide called “Applying for Permanent Residence within Canada – Humanitarian and Compassionate Cases,” which may be found on the Citizenship and Immigration website (www.cic.gc.ca) or call directly at 1-888-242-2100 and request your copy.
• Carefully adhere to the guidance and fill out all required forms.
• If you are applying as a rejected refugee, do not include the Canadian test doctor or police clearance (good conduct) because they are already sent at the time of submitting your refugee claim. If it is accepted, Citizenship and Immigration Canada will ask you to take a new test doctor and obtain a new police certificate of good conduct.
• Before submitting the petition, make photocopies of all documents for your personal files.
• Send the request by certified mail or Express Post so that we can verify the date of delivery.
If hiring an attorney is out of your possibilities, check with LSS to see if you qualify for assistance.
If hiring a lawyer is within your means, find out if it will take your case. To find an attorney who practices in the immigration field, call Sober immigration at 905-588-0606