HUMANITARIAN AND COMPASSIONATE GROUNDS
Canada grants permanent residence in exceptional cases to individuals who meet certain criteria that fall under “humanitarian and compassionate” category.
When you apply for permanent residence under Humanitarian And Compassionate category (H&C), you are telling the Canadian government that you or your family members are in a situation of danger or hardship, which are insurmountable and are associated with extreme emotional distress and often losses, if you stay or return to your home country.
The specific features of Humanitarian And Compassionate Grounds-based immigration is that gives us a chance to obtain Canadian permanent residence to those people who would otherwise be unqualified to get it. It makes a program rather flexible.
When deciding on a Humanitarian And Compassionate Grounds case, the officer not only determined if you meet the eligibility criteria for the program. In fact, the officer considers your case to understand whether your circumstances are outstanding and extraordinary enough to make an exemption from standard procedure.
Humanitarian And Compassionate Grounds Letter
This, in turn, means that you have to provide substantial and clear proof of your circumstances. These include letters, photographs, official documents medical examinations etc. In judging this proof, the officer must determine what is more possible – that you are telling the truth or that you are embellishing the true nature of things.
The officer also must decide on the likelihood of extreme hardship should you stay in your home country or forced to come back to it (if you are already in Canada).
If you are in Canada already, the officer also determines how well established you are in Canada and how your removal to your home country might cause you undue hardship.
The factors considered in this case may include the time you have spent in Canada, your criminal record in Canada, the history of your employment, your involvement with community groups, volunteering or other communities, your good financial standing and finance management etc.
In other words, the officer needs to decide if you will be a burden to the Canadian society or if you can support yourself and contribute to your local communities and Canada in general.
The officers will also take into consideration the best interests of a child if you have any.
There are also some interesting features to consider. You may not have more than one H&C application at a time. If you have a pending refugee claim, you can’t apply for permanent residence on Humanitarian And Compassionate grounds.
If you had a negative decision from the Immigration & Refugee Board of Canada (IRB) within the last 12 months, you can’t apply for PR under Humanitarian And Compassionate grounds. There are some exceptions to this requirement, involving your children or life-threatening medical conditions.
Assistance With Humanitarian And Compassionate Grounds Application
At Jane Katkova & Associates, we may help you with advice and filing of an H&C-based application for permanent residence. Call us at +1 (416) 661-4487, or email us at [email protected] to learn how we can help in your specific case!