Humanitarian and Compassionate PR Applications
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A clause in the immigration law protects people based on humanitarian and compassionate grounds. This section of the Act is quite significant as it enables individuals to apply for Permanent Residence who otherwise may not be eligible.
If you are individual living in Canada for at least 3-years without status you may be good candidate to apply for PR through H&C.
The legal standard plainly states that applicants must show that being forced to leave Canada will subject them to unusual and undeserved hardship.
Who Can Apply for Canadian Immigration via H & C Grounds
Those who seek permanent residence in Canada on the basis of humanitarian or compassionate grounds may ask the immigration authorities to waive the regular requirement to apply through one of the standard Canadian immigration categories.
An application on humanitarian grounds can be used to obtain admission for those who are unlawfully present in Canada and are prohibited from entering for a variety of reasons.
Individuals who have been residing unlawfully in the country for years are now eligible to apply for permanent residency on the basis of humanitarian grounds. Failed refugees may also submit a humanitarian application if it has been more than a year after their case was resolved or if a child is in danger.
If the situation calls for it, candidates who are otherwise qualified but ineligible for permanent residency due to criminal histories or other legal restrictions may also apply for residence on humanitarian and compassionate grounds.
Additionally, applicants from the H&C community may include undocumented relatives who would not normally be eligible for family sponsorship.
What Factors Will the Canadian Immigration Officials Consider To Determine Whether To Grant a Humanitarian Visa Application?
Please be aware that requesting H&C consideration is an exceptional action and not merely another way to apply for Canadian permanent resident status.
- If the applicant could not have controlled the circumstances that led them to remain in Canada
- Applicants' country of origin has unfavourable conditions
- The length of time the applicant has been in Canada
- Duration of residence in one Canadian community
- Current relationship with relatives in Canada, along with current immigration/citizenship status of those relatives
- Does the family have the option of living in another country together
- All family members’ particular circumstances
- Dependence of the family members on the applicant financially
- The applicant's track record of sound money management and consistency in employment
- If the candidate has taken part in community organisations or other community-building initiatives
- The applicant and his family members' civil history in Canada