Canada is a land of opportunity, productivity and understanding. That being said, it offers one of the world’s most accommodating immigration systems, taking into account a variety of unique circumstances and needs.
Unlike most countries, Canada will consider Humanitarian and Compassionate considerations. This means that even those who do not meet certain requirements may still be able to obtain status in Canada in light of extenuating circumstances.
What are H & C Considerations?
Humanitarian and Compassionate considerations exist when there are extenuating circumstances that may prevent you from meeting requirements of an application. By making an application with Humanitarian and Compassionate considerations, you are requesting an exemption based on your current and unique situation.
The most common exemption is requesting that your Permanent Residence application be processed from within Canada. Typically, most Permanent Residence applications must be processed from outside Canada before you obtain your status in Canada. For those who entered Canada and remained here illegally for many years, for example, and have centralized their way of life in Canada – they may qualify for such an exemption.
An application for Humanitarian and Compassionate Considerations is by no way a means to undercut or short cut the immigration system and will only be approved under the Minister’s discretion.
Demonstrating Considerations
As the applicant, you are responsible for making sure that all circumstances and factors that you wish to have considered are provided in your application. You will need to demonstrate the various reasons you are requesting an example including any hardships you may face.
This includes the hardships you will face should you not receive the exemption you are requesting. These hardships need to be considered disproportionate, unusual or undeserving.
For example, if you are claiming hardship arising from circumstances in your home country, hence why you have remained in Canada, your supporting documents may include:
- The hardship you anticipate,
- Whether the hardship would be faced in all areas of the country or specifically where you would reside,
- Whether you ever sought assistance from the authorities, including police or non-governmental organizations, to change or improve your situation in your country, and
- If you have not sought assistance from within your country, you mustprovide reasons why you have not done so.