Humanitarian & Compassionate Application.
Applicants who do not qualify for permanent residence in Canada may be able to qualify under the Humanitarian and Compassionate (H&C) grounds. The Humanitarian & Compassionate (H&C) is not an alternative means to apply for residency rather a pathway under special circumstances. The eligibility of an applicant to apply through the Humanitarian and Compassionate Grounds depends upon a variety of considerations. Section 25 of the Immigration and Refugee Protection Act gives Citizenship and Immigration Canada the right to grant permanent residence to an applicant based on humanitarian and compassionate grounds. There are many grounds on which you may have a chance of being eligible such as having worked in Canada for several years or you may have children who go to school in Canada. Having extended family or involvement in a religious organization may also favor your case. To process the humanitarian and compassionate application you must know whether you are eligible or not.
Are you eligible for an H&C application?
To be eligible for the Humanitarian & Compassionate application, there are several considerations such as:
- How settled the applicant is in Canada. This is considered how long the applicant has been residing in Canada, ties to the community, family ties, and education.
- Difficulties the applicant may face on return to his/her home country. These difficulties may be due to political tensions in the home country, fear of persecution, unemployment, religious or social predicaments.
- The interest of the applicant’s children. Under the IRPA immigration officers while assessing applications are obligated to take into consideration the impact that removal from Canada may have on the children’s lives. Thus, all potential physical and psychological impacts on the children must be taken into consideration.
- Health considerations in which the applicant’s home country is unable to provide required health care and medical treatment.
- The applicant faces family separation.
- Predicaments that may arise for the applicant in case his/her application is rejected.
- Other special circumstances.
Documentary evidence is very important to support the application and claim made. They determine the legitimacy of the claim thus the applicant may be asked to provide the following documentary evidence:
- Letters from family members describing how difficult it would be if the applicant left and the strength of the relationship.
- Letters from friends and the community which illustrates the applicant’s ties to the community and how he/she plays an integral part in the society. The letters must elucidate what roles the applicant plays in religious organizations, volunteer groups, and social activities.
- Letters of employment proving the existence of employment describing the nature of work and proof of income.
- All letters provided must be personally written, dated, and signed by the author. They should also state the relationship of the author with the applicant.
- In case the applicant has children he/she may be asked to provide documents illustrating the children’s education lives in Canada. Such documents may be report cards, letters from teachers and friends at school, participation certificates in school and after-school events, etc. The children can also write letters themselves on why they want to stay in Canada and how important it is for them.
- Photos of the applicant’s time spent in Canada with family, friends, and social groups.
Who is not eligible for filling the H&C application?
Some factors will lead the applicant to be ineligible such as:
- The applicant is a temporary resident in Canada.
- The applicant has already filed a refugee claim and is pending.
- Applicants who have been denied admission from the Immigration Review board. They may only re-apply after 12 months have passed.
- The applicants who have been denied entry may only re-apply before 12 months have passed, unless, in case they have children under 18 years who have been greatly affected by the removal.
- The applicant may also re-apply if they have an adverse medical condition that needs immediate treatment absent in the home country.
- If the applicant has been designated a “foreign arrival” i.e. the way he/she entered Canada. The designated foreign national cannot re-apply until 5 years have passed.
How to apply for Humanitarian and Compassionate (H&C):
To apply on the Humanitarian and Compassionate Grounds, the applicant will have to fill out an application consisting of several forms. If the applicant is in Canada, he/she must fill out two forms:
- The general application for immigration to Canada (IMM 0008).
- An application requesting an exemption based on Humanitarian & Compassionate grounds (IMM 5283).
Applicants living overseas must:
- Fill out application form one out of three immigration classes (family class, economic class, or refugee program) and attach reasons why they are applying for humanitarian and compassionate grounds.
If the applicant is successful in his/her application based on the Humanitarian and compassionate grounds he/she may apply for permanent residency in Canada which ensures:
- The applicant is residing in Canada.
- The applicant is not eligible for PR under the following sponsorships:
Designated Foreign Nationals:
Any individual who enters Canada illegally is considered an illegal arrival and prevents the individual from applying on humanitarian and compassionate grounds for the next 5 years. In case the individual has applied before being designated as a foreign national the application will be suspended for the next five years.