Immigration Blog about US & Canadian Immigration matters.

You’ve been living in Canada for some time, You’ve integrated in Canadian society. You’ve made friends, your children go to a Canadian school. You’ve made Canada a home. But now your legal status has expired and you have no other viable immigration options. Now what? Humanitarian and Compassionate grounds may be a path for you to remain in Canada permanently. In this post, we will explain what Humanitarian and compassionate grounds are, who can/can’t apply, how the process works and eligibility requirements.

What is a Humanitarian and Compassionate PR application?

The H & C PR application is a pathway available to people who have made Canada their home and established close Canadian tie but lack the legal status and are not eligible to apply for permanent residency through other options. More specifically, H & C applicants are applying because they will suffer extreme hardships if forced to return to their country of citizenship.

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.

File a Refugee Claim

The hardship individuals who are coming from war-torn countries face, puts them in a position in a horrible position. Their country of origin, in a state of emergency, is obviously not making it priority to provide travel documents to help individuals leave. In some cases, the government is actively preventing individuals from leaving. Ultimately, for one reason or another, individuals are essentially stuck. Individuals who escape will not be allowed to cross other countries boarders easily at all, because they do not have valid travel documents, and could end up with nowhere to go. Fortunately, the United Nations has recognized the need for some individuals to seek protection in another country is a situation which arises sometimes, and it should be their right, as a human, to receive this protection. Therefore, countless countries have implemented procedures to help refugee claimants, and provide asylum from their country of origin. Canada is a country which provides protection to asylum seekers. Though, the process is very extensive and can be very confusing. Therefore, this article will aim to break down the process of making a refugee claim in Canada.

To Begin

First, you must either make it to a Canadian port of entry, where you will be arrested and detained and brought into custody with the RCMP. This is not the same as being arrested for criminality. One should think of this arrest as the beginning of protection, and it is simply the beginning of the refugee claim process. This is not to take away from the rigorous assessment individuals will face when filing a refugee claim, but it is important to understand you are not being arrested for criminality. It would not make sense for immigration officers to let anyone who has no intention of returning to their country of origin, roam free around the country, as it is likely they would not leave if their refugee claim was denied. If you are already in Canada, you can file an asylum claim at a Canada Border Services Agency (CBSA) inland office or an Immigration, Refugees and Citizenship Canada (IRCC) inland office. CBSA or IRCC officials will then determine if an individual is eligible to land as a refugee.

Eligibility of the Group of Five

First and foremost, in order to sponsor a refugee, make sure you are a group of five or more Canadian citizens, Registered Indians, or permanent residents who are 18 years of age or older and who live (or have representatives) in the community where the refugees are expected to live. This group of people is called the Group of Five. Sponsors need to have collectively arranged necessary settlement to financially support the principal applicant (the refugee) for the full duration of the sponsorship. The sponsors are also obligated to fulfill the terms of the Sponsorship Undertaking.

Who is not Eligible to Sponsor a Refugee

Like any other sponsorships, a person who has been convicted in Canada of the offence of murder or other offences, and five years have not passed since the completion of the person’s sentence, then this person is ineligible to sponsor a refugee. A person who has been convicted of an offence outside Canada, and five years have not elapsed since the completion of the person’s sentence imposed under a foreign law, then this person is also ineligible to sponsor a refugee.

Applying for Refugee status

Are you or someone you know living in fear of persecution or danger of death in their home country? Are you seeking somewhere safer to live and strive with your family? Canada offers those who are experiencing danger in their home countries a safe place to live and contribute to society. Canada’s refugee program is open to anyone of any background. The Immigration and refugee board of Canada (IRB) will review your application to determine if you are eligible to claim refugee status and whether you are a person in need of protection or a convention refugee.

What is your Eligibility

First of foremost, you must make sure that you are not under a removal order. You can receive removal orders by overstaying your stay in Canada whether you are in Canada under a TRP or a TRV. Once you are sure that a removal order is not issued against you, you can start the process of applying for refugee status. Once you have applied, the IRB will decide whether you are a convention refugee or a person in need of protection.

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.

Humanitarian and Compassionate Consideration

It can be extremely frustrating if your application for Permanent Residency is refused and you feel as though your specific case is justified. In these special circumstances, you may be able to apply under the Humanitarian and Compassionate consideration, better known as H&C. There are several restrictions with respect to examination of applications for H&C consideration.

Who Qualifies for Humanitarian and Compassionate Consideration

A foreign national who is inadmissible or who does not meet the requirements of the Act or Regulations may make a written request for consideration of H&C under A25(1).

How can I remain in Canada?

Have you been living in Canada without status, running away from a tortuous threat due to your sexual orientation? Have you fled your country for fear of a political threat? Would you face death or undue hard ship if you were deported back to your country of origin? Do you belong to a particular sect or religion that has caused you to be persecuted? Do you have a child under 18 years who is schooling and raised in the Canadian lifestyle but has no status in Canada? If you are facing any of these issues you may be eligible for a Humanitarian and Compassionate (H&C) Application for Permanent Residency to Canada. Read our blog below for how you can qualify for this application.

Permanent Residence with H&C grounds

H&C stands for Humanitarian and Compassionate grounds and is found under section 25 of the Immigration and Refugee Protection Act (IRPA) that allows Citizenship and Immigration Canada to grant permanent residence status to foreign nationals who have been rejected due to various reasons.

What is H&C ?

The cases that do not fall under the more common applications for permanent residence either within family class or economy class are considered under H&C (humanitarian and compassionate considerations). These are generally unique, complex, and favourable cases decided on an exceptional basis. The H&C class allows the immigration officer or minister to grant permanent or transient residency in Canada to applicants who would otherwise not be able to meet the statutory and regulatory criteria. Individual who apply under this criteria generally are doing so as a final attempt to remain in Canada and were often unsuccessful to gain even refugee status.

H&C Applications

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.

H&C Application Eligibility

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.