Without a legal status in Canada? You may still be eligible to apply for Permanent Residence
What does it mean to apply for PR through Humanitarian and Compassionate grounds?
A Humanitarian and Compassionate Application (H&C) allows individuals to apply for Permanent Residence (PR) in Canada even though they may not otherwise be eligible. Humanitarian and compassionate grounds applications are considered to be exceptional cases and are determined on a case-by-case basis.
H&C applications can only be made when applying for permanent resident status in Canada.
Who is eligible for H&C?
H&C is for people who do not have legal status in Canada but have established themselves and made Canada their home. If you are someone, or know of someone who is living in Canada without authorization, there are still options for legal status. You may be able to become a Canadian PR if you qualify for H&C.
Applicants that submit H&C may have spent an extended time in Canada and may claim to be well established. There is no minimum period of time spent in Canada that needs to be satisfied, however it is expected that a significant degree of establishment takes several years to achieve. Factors to consider when applying for H&C:
The best interests of any children involved who could be directly affected by the decision made on the application
Steady employment and income in Canada
Savings and/or property in Canada
Family ties to Canadian permanent residents or Canadian citizens
Good English or French language skills
Completed education or training in Canada
Social ties to Canada and local communities
Completed or ongoing volunteer work
How is an H&C applicant assessed?
A good candidate for an H&C application would be someone who has resided in Canada for a number of years and has some of the factors listed above along with other important factors. Often these applicants do not qualify for other Canadian permanent residence through pathways such as the Skilled Worker category where applicants are assessed on their age, education, language skills, etc.
What happens when an H&C application is approved?
When your Humanitarian and Compassionate application is being processed, you will be asked to undergo medical exams for immigration purposes and obtain police clearances. If your application along with your medical and criminal records meet the criteria, your H&C application will be approved and you will be issued a Confirmation of Permanent Residence document (COPR) then later receive your Canadian Permanent Residence card (PR).
What happens when an H&C application is refused?
If your Humanitarian and Compassionate application is refused, you may reapply OR apply to the Federal Court of Canada for a judicial review. You have only 15 days to appeal the refusal to the Federal Court of Canada. Appealing to the Federal Court involves presenting proof to the judge that the immigration officer who refused your case had made some errors in law and/or facts. This can be a challenging process but a positive outcome is possible. Getting the help of an immigration lawyer specializing in court appeals is strongly recommended.
Important to know:
It is important to know that an H&C officer will not assess risk linked to persecution, risk to life, cruel and unusual treatment or punishment. These factors can only be assessed in a refugee claim. A refugee claim and an H&C application cannot be considered simultaneously. If you have a pending refugee claim, you must withdraw the claim before the hearing at the Immigration and Refugee Board (IRB).
If you have made a refugee claim, an H&C application can only be made 12 months (some exceptions apply) after you receive a negative decision from the Immigration and Refugee Board. An abandoned or withdrawn refugee claim also counts as a negative decision. If you are ordered to leave Canada, you may be able to apply to stay on humanitarian and compassionate grounds. However, if you apply, this will not stop or delay your removal from Canada.
How can VISATEAM help you with an H&C Application?
If you are out of status in Canada, an H&C may be the LAST option for you to obtain PR to remain and work in Canada legally. Dana Kean and Liza Bogar, our experienced immigration lawyer and consultant will first assess your unique situation during an initial consultation. After the consultation you will be able to understand your rights and options and what your H&C application’s chances for approval look like if you decide to proceed with the application. Please contact us via email if you wish to discuss your case with us.: hello@visateam.ca