Applying for Permanent Residency with Humanitarian and Compassionate Consideration - Immigration Law Firm

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Bahar's Blog about Immigration to Canada & USA
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Applying for Permanent Residency with Humanitarian and Compassionate Consideration

Applying-for-Permanent-Residency-with-Humanitarian-and-Compassionate-Consideration

Have no way of Attaining Permanent Resident Status in Canada?

This may seemingly be the case. Individuals who have no family in Canada and are not eligible for family class sponsorship, as well as individuals who are not qualified enough to be eligible for the economic immigration programs, and do not qualify as a temporary resident whom is soon to become eligible to apply for permanent residence, could be left thinking there is no way for them to achieve permanent residence in Canada. This is not entirely the case. It is not a simple process, and there are very strict requirements, though, there is the option of applying for permanent residence with humanitarian and compassionate considerations (H&C). Throughout this article, we will discuss who can apply for permanent residence with humanitarian and compassionate considerations, and the process of submitting this type of application as well.

Why Does this Type of Application Exist?

This application is not simply for individuals who want to enter Canada, but cannot. Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada. More specifically, this type of application is for individuals facing specific and undue harm should they have to return to their home country. The government of Canada recognizes that in some circumstances, an individual’s situation justifies giving their application special consideration. Therefore, that is what an application with H&C does.

Who Qualifies for H&C Considerations?

If you meet the following requirements, you could be eligible to request special consideration on humanitarian and compassionate grounds.

  • You are a foreign national currently in Canada;
  • You need an exemption to one or more requirements to allow you to apply for Permanent Residence;
  • You will experience undue and disproportionate hardship should you be forced to exit Canada; and
  • You do not qualify under the family class, live in caregiver category, protected person or refugee or Temporary Resident Permit holder.

How do I Apply for Humanitarian and Compassionate Consideration Successfully?

H&C considerations are given on a case by case basis, therefore, it is important you understand your situation backwards and forwards, and understand how your situation will affect the humanitarian and compassionate grounds you will appeal to. There is much an officer will consider, and the more familiar one is with the application process, the better they will be able to appeal to the important considerations which will have an effect on the outcome of the application. Examples of the factors that may be considered include, but are not limited to:

  • establishment in Canada and the circumstances which led to such establishment
  • Ties to Canada; family, property, ect.
  • The effect on any children involved in the application/ what is in the best interest of the child?
  • health considerations and whether these compel one to be in Canada
  • family violence considerations and whether these compel one to be in Canada
  • factors in your country of origin, both;
    • hardship faced if forced to return to your country of origin
    • ties/ establishment within country of origin
  • Any other relevant factors regarding hardship that you wish to have considered that are not related to seeking protection.

How do I make a Strong Application?

Well, with this type of application, it is entirely dependent on the type of application you intend to submit. Though, it is worth mentioning one important point, with reference to one factor that may have more influence on the application processing than most. Officers are always alert and sensitive to the best interests of any children involved in these applications, as they are legislated to be. Therefore, if there will be harm your child will face if forced to return to your country of origin, or, it can be argued that there is a better life for them here, it is important to emphasize this fact, to ensure the officer is taking into consideration the effect on a growing child, rather than a filly-grown adult. Generally, factors relating to a child's emotional, social, cultural and physical welfare should be taken into account when raised. Some examples of factors that you may raise include:

  • the age of the child;
  • the level of dependency between the child and the H&C applicant or the child and their sponsor;
  • the degree of the child's establishment in Canada;
  • the child's links to the country in relation to which the H&C assessment is being considered;
  • the conditions of that country and the potential impact on the child;
  • medical issues or special needs the child may have;
  • the impact to the child's education; and
  • matters related to the child's gender.

Contact Akrami and Associates

It is essential that you have taken all of the aforementioned factors and information into consideration before you attempt to apply for permanent residency with humanitarian and compassionate consideration. This is a very selective application process, as you are trying to prove to an immigration officer that despite not meeting the requirements of a permanent resident, you still deserve to have permanent residency. Though, if you prepare a comprehensive application with strong reasons for why you could not meet the requirements, and compelling evidence your first wish is to become a permanent resident and live permanently in Canada, you have given yourself the best chance of having your application approved. Though, due to the selective process, it is important to note that these are difficult applications to pursue on your own. Please remember, the immigration officer will not ask for additional information. If they are not convinced by the initial application, it will be refused. Therefore, it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients with inadmissibility gain Canadian citizenship. So, if you want to become a Canadian citizen, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!

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