Immigration Blog about US & Canadian Immigration matters.

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.

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.

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.