Section 25 of the Immigration and Refugee Protection Act gives Citizenship and Immigration Canada the option to allow permanent residence to an applicant depending on humanitarian and compassionate grounds (H&C). Humanitarian and Compassionate consideration gives the flexibility to grant PR status or a PR visa to numerous foreign residents who would not qualify in compelling H&C grounds cases. Humanitarian and Compassionate grounds cases are only applicable to people with exceptional issues.
Humanitarian and Compassionate Application Process
The applicant is required to provide the following documentary proof that is significant to the application for humanitarian and compassionate grounds in Canada and the claim made:
- Show the letters from family members describing the difficulties they are facing.
- Show the letters from friends and the community that describe the connection between the applicant and the community and how he/she plays an essential role in society.
- Provide proof of an occupation showing the nature of work and income.
- All letters must be personally written and signed by the author.
- If the applicant has children, he/she may be required to provide documents showing the education of children who live in Canada. These documents may be report cards, certificates, and more.
- Show photos of the applicant’s time spent in Canada with family, friends, and social groups.
For the eligibility of the Canadian Humanitarian & Compassionate application, there are various factors such as:
- How settled the applicant is in Canada.
- Difficulties are faced due to political tensions in the home country, unemployment, or fear of persecution.
- The immigration officers, while evaluating applications, are committed to considering the effect on their children’s lives after removal from Canada.
- Health considerations in which the home country of the applicant is unable to provide available medical services.
- The applicant may suffer family separation.
- Situations that may emerge for the applicant in case of their refused visa application.
- Other exceptional conditions.
If you are worried that you will experience such treatment upon returning to your home country, the skilled immigration consultants at Move Immigration Services will help to prepare the Humanitarian and Compassionate application for you. We will provide legal advice that supports you on the track to a safe and secure future for you and your family.
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Here are some factors that will lead the applicant to not eligible for the Humanitarian and compassionate (H&C) application if the applicant:
- Temporary citizen in Canada.
- You already submitted a refugee claim and it is still pending.
- Immigration Review board rejects admission.
- Denied entry may only re-apply before 12 months have passed unless they have children under 18 years who have been considerably affected by the removal.
- Also, re-apply if they have an adverse medical condition that requires prompt treatment absent in the home country.
- Designated a foreign arrival like the way he/she entered Canada. The assigned foreign national can not re-apply until five years have passed.