It is important to note that H&C class is not intended as a parallel process to refugee determination. Refugee claimants may not submit an application for permanent residence for H&C considerations while under refugee claims are still in process. Designated foreign national may not apply for H&C for at least five years after the day of their designation or if there is a refugee claim or an appeal pending before a division of the IRB.
For those that may apply for H&C, their application is assessed on its own merits; officers consider the humanitarian and compassionate consideration for each application on individual basis of the applicant’s personal circumstances.
A written request for H&C exemption must be filed with an application to remain in Canada as a permanent resident or in the case of a foreign national outside Canada an application for a permanent resident visa. The application must be made by the principal applicant and where applicable by the spouse or common law partner or by the dependent children over the age of 18 who are not Canadian citizens or permanent residents.
A person with a removal order against him/her may apply for permanent residence for H&C but the application will not delay removal from Canada. The applicant must leave or before the date of removal as stated on the order. CIC cautions that the application for H&C can take as long as several years to process.
The H&C applications are made from outside of Canada. However there is an exemption for a person living in Canada to apply for it, only in circumstances which would show that a person would face undeserved, unusual or disproportionate hardship if required to leave. This exemption does not include inconvenience of leaving an established life in Canada.
The applications made from outside does not require any specific forms for H&C. the foreign national applies for a permanent resident visa under of the existing three classes and submits a written request along for consideration on humanitarian grounds. If the visa officer determines that the individual does not meet the requirements of the class of permanent resident then the officer makes an H&C determination.
However applications for H&C made from inside of Canada require far more paperwork. An application package can be obtained from CIC website or from a call centre. The guide in the package describes the required forms and supporting documentation that must be submitted for inland applications. The key document in this application is the Supplementary Information form. It is essential to complete this form with as much detail as possible.
The fee is the same for a normal permanent resident visa application. Expenses can include costs of medical examinations, legal fees, fees for police certificate and fees to obtain documents. The two fees that need to be paid to CIC is the application processing fee and the right of permanent residence fee.
For further information on how to file for H&C application, please contact Akrami & Associates and will be glad to help you with your immigration needs.