Humanitarian Class
Most applications for Canadian permanent residence need to be brought to a Canadian Visa Mission overseas, however the Humanitarian and Compassionate case category provides an avenue by which one can apply for permanent residence from within Canada. Section 25 of IRPA (Immigration and Refugee Protection Act) permits individuals who are already in Canada and facing exceptional circumstances to apply for permanent residence on humanitarian and compassionate grounds. Applicants must show that these circumstances are unusual, undeserved and indeed exceptional. If the immigration authorities are of the opinion that such special circumstances exist, the individual will be granted an exemption from visa requirements and granted permission to remain in Canada as a permanent resident.
In most cases, the applicant`s establishment in Canada, his or her familial ties to Canadian citizens or permanent residents, and interests of a child will be taken into consideration as well as the degree of hardships that the applicant would experience if he or she were subject to deport from Canada.
Applicants of the Humanitarian and Compassionate Case are not however exempt from the requirements of passing medical, criminal and background clearances.
Who May Apply on Humanitarian and Compassionate Grounds?
You may apply for permanent residence based on these grounds if you meet the following requirements:
- You currently reside in Canada;
- You do not qualify to apply for permanent residence from within Canada in any other classes: Spouse or Common-Law Partner, Live-in Caregiver, Protected Person/Refugee, Temporary Resident Permit Holder;
- You believe that you would experience disproportionate hardship if required to leave Canada;
We have successfully handled hundreds of cases of applications for humanitarian and compassionate consideration and will be glad to be of service to you. Please contact our office for more information on this category and pre-assessment of your situation requiring the humanitarian and compassionate approach.