Who Can Apply for Humanitarian and Compassionate Application

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.

Section 25 is mostly used for applicants seeking permanent residence inside Canada most often by refugees or a spouse who is being sponsored from within Canada. It may also sometimes be used by foreign nationals who are seeking exemptions from certain criteria or obligations of the (IRPA).Common examples of exemptions that have a chance to apply under H&C grounds can be insufficient points under the Federal Skilled Work Program, failing your medical examination, expiration of Study Permit or Live-in Care Giver Work Permit, and persons who fail to meet the residency obligations. Having applied for permanent residence, sometimes some people do not fulfil the criteria obligations and hence have a possibility to succeed if they can appeal their case on Humanitarian and Compassionate grounds.

Here are some qualifications to take into consideration for a successful application on H&C grounds.

• Social ties that you have established in the community

• Family ties to Canada

• If you are employed and without a work permit

The applicant will have to give in writing all the factors they consider that can strengthen their case when they file an application on Humanitarian and Compassionate grounds.

Several factors to be considered under H&C grounds would be:

• How long has the applicant lived in their country of origin

• Number of visits back to their country after arrival into Canada

• Family members left behind in the country of origin

• Applicant’s current immigration status

• Family ties formed before expiration of status

• Family ties that continued after expiration of status

• Applicant’s marital status and children if any

• The effect on family members especially a child if the applicant has a removal order

• The emotional trauma on the applicant if removed

• The emotional trauma on support family members if applicant is removed

Filing H&C for Best Interest of the Child, what does that mean?

In the best interest of the child would include any child under the age of 18 years of age who is directly affected by the decision on an H&C application. It does not matter where the child lives or where the child was born, it does not have to be the applicant’s child but that the child shares a close relationship with the applicant.

Factors that would be in the Best Interests of the Child are:

• The child’s age

• How well established the child is in Canada

• The situation or conditions in the child’s country of origin

• Medical necessities of the child

• Child’s gender

• Child’s schooling

You have to be able to emphasize the emotional impact on the child especially if the child is a dependant on her parents for all her needs and it would be detrimental to the child to leave the only home and comfort she has known all her life due to legality issues in the country.

Humanitarian and Compassionate Grounds is the discretion of the Minister

Section 25.1 of the Immigration and Refugee Protection Act (IRPA) is a provision taken on a case by case basis by the Minister of Citizenship and Immigration who has the discretionary powers to grant permanent resident status or an exemption of applicable criteria or obligations taking into account the best interests of a child affected. The H&C application is not an alternative method to obtain Permanent Resident status. The purpose of section 25.1 of the (IRPA) is to provide the Minister with the flexibility to authorise a permanent resident status if he is satisfied that the case falls under exceptional circumstances.

How can we help you with your application on Humanitarian and Compassionate grounds?

Akrami and Associates have had ten years’ experience in all types of visas. We have dealt with hundreds of Humanitarian and Compassionate application cases. One of our representatives will guide you through the process and draft a more effective application. Besides, the entire process of drafting your application is long and complex. We will gather, arrange and organise all your information in a systematic manner in order to put forward a strong argument to appeal to the Minister to grant a decision in your favour. A well planned and complete application along with a strong letter explaining your circumstances and emotional ties to Canada will increase your likelihood of acceptance and you can continue with your intention to reside in Canada.

Do not worry about legal fees, our goal is to make sure we help your appeal on H&C grounds to be accepted by the Minister and you are granted permanent resident status and have the opportunity to live in Canada. However it is the initiative of the Minister and there are no guarantees of the final outcome. Our interest is to help everyone interested in the immigration process.

We also have a very affordable Do it Yourself Immigration Kit which can guide you with details of the entire process. Do get back to us so we can review your case and provide the best options available to you. Contact us today at 416-477-2545!!

With Akrami and Associate there is always a way!!