Who is Eligible under Humanitarian & Compassionate Cases?
Canada can provide permanent residence in some of the exceptional cases to individuals but for that they need to meet certain criteria that fall under the “Humanitarian and Compassionate” category.
When you apply for permanent residence under the Humanitarian And Compassionate category (H&C), you are simply telling the Canadian government that you or your family members are in a situation of danger or hardship or very much needy, which are insurmountable and are directly associated with extreme emotional distress and often losses, if you stay or return to your home country as this is majorly considered unsafe for you and your family.
The specific features of Humanitarian And Compassionate Grounds-based immigration is that gives people a chance to obtain Canadian permanent residence. And to those people who are or can be unqualified to get it. It makes a program rather flexible and easy to excess.
When deciding on a Humanitarian and Compassionate Grounds case, the officer will not only determined if you meet the eligibility criteria for the program but also the officer considers your case to understand whether your circumstances are outstanding/ extraordinary or unique enough to make an exemption from standard procedure.
After checking all these things you can fill out our immigration assessment form. We will get back to you within 24 hours to discuss your eligibility and options. Or you can simpy
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Who can qualifies for Humanitarian and Compassionate?
- Humanitarian and Compassionate Applications, or “H & Cs,” are Canadian permanent residence applications that are filed from within Canada. They are for people who do not have legal status in Canada but who have still made Canada their home.
- If you are someone, or you know someone, who is living in Canada without the proper paperwork, there still are options! You may be able to qualify for an H & C and obtain Canadian permanent residence status.
- Individuals without legal status would be eligible for H & Cs if they have established themselves in Canada by virtue of the following:
On average, H&C applications can take around 24 – 36 months to process. However, it can sometimes take even longer than this depending on your case.
- Family ties to Canadian permanent residents or Canadian citizens
- Employment in Canada often without a valid Canadian work permit
- Education in Canada often without a valid Study Permit in Canada
- Volunteer work in Canada
- Upgrade of English or French skills
- Savings and property in Canada
- Social ties to Canada in their communities
HUMANITARIAN AND COMPASSIONATE GROUNDS LETTER ARE QUITE COMPULSORY TOO:
This simply means that you have to provide some substantial and clear proof of your circumstances. These include letters, photographs, official documents medical examinations, etc. including other documents as per the current situation requirements. In judging this proof, the officer must determine what is more possible – that you are telling the truth or that you are embellishing the true nature of things.
The officer also must decide on the likelihood of extreme hardship should you stay in your home country or forced to come back to it (if you are already in Canada).
If you are in Canada already, the officer also determines how well established you are in Canada and how your removal to your home country might cause you undue hardship.
The factors considered in this case may include the time you have spent in Canada, your criminal record in Canada, the history of your employment, your involvement with community groups, volunteering or other communities, your good financial standing, and finance management, etc.
In other words, the officer needs to decide if you will be a burden to the Canadian society or if you can support yourself and contribute to your local communities and Canada in general.
The officers will also take into consideration the best interests of a child if you have any.
There are also some interesting features to consider. You may not have more than one H&C application at a time. If you have a pending refugee claim, you can’t apply for permanent residence on Humanitarian And Compassionate grounds.
If you had a negative decision from the Immigration & Refugee Board of Canada (IRB) within the last 12 months, you can’t apply for PR under Humanitarian And Compassionate grounds. There are some exceptions to this requirement, involving your children or life-threatening medical conditions.