Humanity is above everything else. The Canadian immigration policy has provisions for offering permanent residence status to ex-pats on Humanitarian and Compassionate grounds. Eligibility criteria are eased on H&C applications.
You may reach out to us to know more about H&C immigration applications and apply for Canada PR under the subject provisions.
Humanitarian and Compassionate immigration is reserved for individuals who might face specific social and financial conditions if they are returned from Canada. Being a special case, the applicant should submit the reasons and evidence for obtaining Canada PR on H&C grounds. Expats who have lived in Canada for three years are eligible for H&C applications.
The legal regulations state that the ex-pat applicant must prove their condition before applying on humanitarian and compassionate grounds. It would be of great benefit to seek the help of an expert and experienced Canadian immigration lawyer to establish that they might face undeserved and unjustifiable difficulties and hardships if they have to leave Canada. The claim must be substantiated with statements and proof in an unambiguous manner.
Immigration, Refugees, and Citizenship Canada (IRCC) will examine the application in its own manner. The circumstances stated by the ex-pat applicant would be ascertained to affirm that the conditions mentioned are eligible for H&C consideration. If the authority finds that the application needs humanitarian and compassionate consideration, it will be approved. Note that cases with exceptional circumstances will be accepted by the IRCC for Canada PR. The timeframe for consideration and approval also varies from case to case, and it may take years for the process to be completed. It may also happen that the intervention of the Federal Court of Canada may be requested to review the case and issue a verdict.
The IRCC will assess each applicant based on a set of questionnaires. The factors checked prior to approving or rejecting an H&C application include the following:
Along with the conditions, the state of support the applicant might expect in the home country, the physical and mental condition of the person to ascertain the possibility of continuing the job in Canada, and so on, are also evaluated.
The state and condition of the applicant’s children are also of paramount importance. It can influence the decision on H&C applications in Canada. The authority normally takes a decision in the best interest of the kids, who are dependent on the applicant.
The time taken for H&C application consideration and approval differs on a case-by-case basis. It normally takes around two to three years (24–36 months) for the H&C request to be processed. The applicant can remain in Canada until a decision is made on the H&C application.
The ex-pats whose H&C application is pending with authority or who have an outstanding refugee claim cannot apply for Canada PR on H&C grounds. Further, an H&C application is not permitted if the person has become a designated foreign national in the previous five years.
Yes, a person on the removal order can also apply under H&C grounds. Nonetheless, the ex-pat should leave Canada on the stated date without any delay. This means the H&C application cannot be used as a means for delaying the removal order.
Yes, H&C applications are allowed even from outside Canada.
Yes, any eligible expat can pursue renewal of temporary resident status and H&C applications simultaneously. However, both of these applications must be submitted separately.
Contact us for your immigration application assistance. Forget all your concerns when we are with you.
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