When there are compelling humanitarian and compassionate (H&C) reasons, it is possible to award certain foreign citizens permanent residence status or a permanent resident visa even if they would not otherwise be eligible under any category. People with exceptional situations are covered by humanitarian and compassionate grounds.
H&C evaluation factors
Every submission is evaluated individually. During the application procedure, a number of factors are taken into account, including:
How long has the individual lived in Canada?
If a special grant of an exemption from an Act requirement is justified, the H&C decision-making procedure will take that into account. As a result, officers are given a great deal of discretion in deciding these cases. The evidence and material in the submission form the basis for the officer’s decision. The applicant must clearly state in their application what hardship they would experience if the requested exemption were not given.(s). Since there is typically no interview, it is crucial to send the strongest supporting documentation and an extensive justification of why you should be allowed to remain in Canada.
Typically, there are two primary reasons why people apply for H&C. (e.g. hardship and risk).
Hardship is a circumstance that would put you through significant hardship. If you would experience hardship if required to leave Canada and return to your home nation, you might choose to submit an application for H&C.
Unless you or a family member is in danger of dying because your home nation does not provide adequate or appropriate medical care, medical issues typically do not strengthen your case. If this applies to you, you must include details about the medical condition in your H&C application as well as medical evidence from specialists in your native country attesting to the risk you or a family member would face if you were required to return there.
You must demonstrate that you have a solid foundation in Canada in order to demonstrate that returning to your home nation would be difficult for you. The following elements that affect your degree of ties to Canada should be taken into account.
How long you have been receiving assistance; it is strongly advised that you never do so. This may be used by an immigration official as justification to reject your application).
Your proficiency in French and English, as well as your attempts to get better.
your initiatives to raise your schooling and abilities while you’re in Canada.
How many relatives or family friends you have in Canada (the more the better).
How often do you communicate with your Canadian relatives? (the more the better).
How often do you communicate with your relatives back home? (having many close relatives in your home country suggests less hardship if you returned).
Having children who were born in Canada or who are still in your native nation (not good).
contacts besides relatives in Canada
You have worked and paid taxes in Canada.
Your current position and work history.
Your property in Canada, such as your house, RSPs, RESPs, bank accounts, investment accounts, and vehicles for your company (the more assets the better).
Your foreign possessions (the less the better).
Your volunteerism and community service, whether they be religious or not
Positive testimonials from your coworkers, professors, volunteers, religious group, etc.
Your services to Canada’s economy or culture.
the particular difficulties you or your family experience in your country of origin.
The challenges you encounter as a woman in your nation.
If you are forced to leave Canada for your home nation, there is a risk that any of the following could occur to you. You must demonstrate that you run into at least one of these dangers.
PPersecution (e.g. being treated badly due to your political or religious beliefs)
Danger to survival
Risk of receiving unusually harsh treatment
Any H&C application that contains details about the risks of having to depart Canada will be examined by a Pre-Removal Risk Assessment (PRRA) officer. Until the PRRA officer has considered your appeal and made a determination, you will not be deported.
The possibility of unemployment in your home nation and inadequate educational resources are not indicators of risk. PRRA officers will only take into account fresh evidence when determining risk. However, they may take into account significant evidence that was not accessible at the time of your refugee hearing, such as proof of medical torture or evidence of the circumstances in your country of origin that affect you. If you are in danger of oppression and haven’t applied for refugee status yet, you might want to do so right away. Canada offers protection to individuals who might not meet the UN definition of a refugee in addition to Convention refugees.
Include recommendation papers for your kids in your H&C application if you have any. It is possible to get letters from school counselors, community health workers, family physicians, teachers, social workers, or psychologists describing the detrimental psychological and physical effects sending your kids back to their native country would have on them. When evaluating your application, the officer must take into note “the best interests of the child,” or whether your child(ren) are better off remaining in Canada or leaving.
back to your nation of origin. Based on whether or not your children were born there, whether or not they attended school there, and whether or not they have ever visited your home nation, the officer will determine how closely your children are connected to Canada.
If the applicant has an open refugee claim, they are not eligible to file on humanitarian and compassionate grounds. Before the Immigration & Refugee Board of Canada (IRB) hearing, the applicant must withdraw their refugee claim if they wish to file on the basis of H&C.
If the applicant received a negative decision from the IRB within the previous 12 months, they are ineligible to apply on the basis of humanitarian and compassionate consideration. It is referred to as the “one-year bar.” (If the IRB decides refugee claim is withdrawn or abandoned, that counts as a negative decision.) The limit is not applicable if
applicants either have minor children who would suffer harm if they were to be expelled from Canada. The applicants can demonstrate that they or their dependents have a serious medical condition that requires ongoing treatment outside of their home nation.
Five years must have elapsed since: to be eligible for humanitarian and compassionate grounds.
the day they were classified as a foreign citizen,
Their refugee application was ultimately rejected by the IRB, and/or
A Pre-Removal Risk Assessment resulted in a negative determination for the candidate.
The application for humanitarian and compassionate grounds will be suspended for five years from the following date if the applicant filed on those grounds and later changed his or her status to that of a designated foreign national:
They were chosen, or
They received a disapproving ruling from the IRB, or
They received a dismal Pre-Removal Risk Assessment result.
Unless any of the aforementioned limitations apply to them, an applicant who has a removal order against them may still be able to apply to remain in Canada on humanitarian and compassionate grounds. If the candidate submits an application, the removal from Canada won’t be stopped or delayed. The candidate must depart by the deadline indicated on the removal order. In the event that the applicant must depart from Canada, the government will still handle the application. A denied request for permanent residence on humanitarian or compassionate grounds is not subject to review. The applicant may in some circumstances approach the Federal Court of Canada to review the judgment.
Only if the applicant is requesting permanent resident status in Canada or a permanent resident visa overseas may they cite humanitarian and compassionate grounds.
The applicant is not permitted to submit more than one application on humanitarian or humane grounds at once.
Different risk factors, such as persecutory acts, danger to one’s life, cruel or extraordinary punishment, or treatment, are not taken into account under H&C principles.
Unless you are awaiting a Pre-Removal Risk Assessment, an H&C application does not stop you from being removed. (PRRA).
22 to 36 months for processing. Verify turnaround dates.
Processing charge for government fees ($550.00 CAD)
Fee for Right to Permanent Residence ($500 CAD)
(1050.00 CAD) Spouse or principal candidate
Dependent Children: $15.00 CAD per dependent kid
The cost of biometrics is $85.00 CAD per individual.