What are Humanitarian and Compassionate Considerations - Immigration Law Firm

Bahar's Blog about Immigration to Canada & USA

Bahar's Blog about Immigration to Canada & USA
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What are Humanitarian and Compassionate Considerations

Humanitarian-and-Compassionate-Grounds

What Makes this type of Application Special

Submitting an application for permanent residence can already be a cumbersome process. Now, an application for permanent residence on humanitarian and compassionate (PR with H and C) consideration is even more complicated than any other type of permanent resident application. This is because you are applying for permanent residence without being eligible to apply through the regularly accepted routes, such as Express Entry, Family Class Sponsorship, and so on. More specifically, you are applying for your permanent residence, because you will suffer from hardship if you return to your home country. In this blog, you will learn about the eligibility for this type of application as well as the application process.

Who is Eligible to Apply for PR with H and C

If you can provide compelling reasons that explain the extreme hardship you will likely be facing upon returning to your home country, you may be eligible to apply for PR with H and C. You also may apply for PR with H and C if you are already in Canada at the present time. You will need to convince an immigration officer that if you leave your established life in Canada, you will encounter unbearable life crisis.

How Can I Prepare a Successful application for PR with H and C

In order to prepare a successful application for PR with H and C, you can demonstrate a variety of things, such as strong family ties to Canada, the need to complete your education in Canada, and many more. The more you add to your application from the following list, the higher chance you have for an approval.

Regarding Establishment in Canada

· Proof of strong ties to your family (Canadian citizens or permanent residents) in Canada

· Proof of your employment in Canada (often without a valid work permit)

· Proof of your education in Canada (often without a valid study permit)

· Proof of any kind of volunteer activities

· Proof of improved your language skills (English and/or French)

· Proof you are invested in Canada in the form of property and savings

· Proof of your taxes filed

· Canadian bank statements

· Paid Canadian Bills

Regarding Harm Faced Back Home

As previously mentioned, you need to provide compelling reasons for any personal or financial hardship you may face if you return to your country of origin. That being said, those reasons make the case stronger for humanitarian and compassionate considerations. Furthermore, if there are any arguments which can be made regarding the harm your child will face, or the ways they will be benefitted by a life in Canada, you will need to emphasize those factors in your application. The Immigration, Refugees, and Citizenship Canada prioritizes the best interests of the child, and therefore, demonstrating the best interests of the child will have a huge impact on the processing of the application. Overall, you can argue many different ways and reasons you and your family will experience hardship if forced to return to your country of origin, but some common points of concern applicants mention are:

· lack of critical of medical/healthcare;

· discrimination which does not amount to persecution;

· adverse country conditions that have a direct negative impact on the applicant/ their family and children (for example, human trafficking, drug use, money laundering, terriorism, and many more).

Making Arguments about the Best Interest of the Child

When an immigration officer is assessing your application, the best interest of the child is a very important area of concern. From the point of view of an immigration officer, the best Interest of the child is the first priority. In order to consider what the best interests of a child are, the officer will look at factors, such as:

· 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 your Canadian permanent residence with humanitarian and compassionate considerations. 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 residence. Moreover, immigration officers do not easily approve PR with H and C applications, unless the applicant demonstrates hardship in their home country, and that they are well-established in Canada. As a result, making a strong and compelling case is essential for a successful outcome.

PR with H and C applications are indeed difficult to pursue on your own; this is why we are inviting you to seek out professional and experienced help before attempting to submit the application. Akrami & Associates work and have experience with many different immigration issues. We have helped many of our clients with their PR with H and C applications. Please feel free to contact Akrami & Associates 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 and Associates, there is always a way!!

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