Humanitarian and Compassionate
Overview of Humanitarian and Compassionate Grounds
Understanding Humanitarian and Compassionate Grounds
Humanitarian and Compassionate (H&C) grounds offer a pathway for individuals experiencing exceptional hardships to apply for permanent residence in Canada. This provision is intended for those who do not qualify under other immigration programs but have compelling reasons to remain in the country. The goal is to provide relief to individuals in situations where deportation would result in undue hardship or adversely affect their well-being.
Guidelines for Fair Assessment
Humanitarian and Compassionate applications are grounded in Canadian law under the Immigration and Refugee Protection Act (IRPA). This act sets the rules and criteria for evaluating Humanitarian and Compassionate applications, ensuring that each case is reviewed fairly and consistently. The IRPA aims to provide support to those facing significant hardships to apply for permanent residence, ensuring that their unique situations are considered thoroughly.
Welfare Considerations to Justify Assistance
Welfare considerations for Humanitarian and Compassionate (H&C) applications include a wide range of hardships such as medical, financial, and psychological challenges. Applicants must clearly demonstrate how their well-being would be severely impacted if they were required to leave Canada. For instance, individuals may face inadequate medical care, extreme financial instability, or significant mental health issues in their home country. Highlighting these hardships is crucial for showing that the applicant's welfare is dependent on remaining in Canada.
Eligibility
Who is Eligible?
Eligible individuals for Humanitarian and Compassionate (H&C) applications are those without legal immigration status in Canada who would face significant hardships if required to leave. These hardships can be medical, financial, or psychological. It’s important to note that designated foreign nationals, typically individuals subject to an exceptional immigration process due to security or other concerns, are generally ineligible to apply for H&C grounds within five years of receiving their status. This eligibility criteria aims to ensure that the process remains fair and just, targeting those who genuinely need protection and assistance to remain in Canada.
Who is Ineligible?
Individuals with pending or rejected refugee claims are not eligible to apply under Humanitarian and Compassionate (H&C) grounds. This includes those who have not yet received a decision on their refugee application or have had their claim denied. Additionally, holders of temporary resident permits, which allow individuals to stay in Canada temporarily for specific purposes, cannot apply for H&C grounds.
What Factors Will Be Considered?
Best Interests of Children
In Humanitarian and Compassionate (H&C) applications, the best interests of children are extremely important. Factors such as their physical and mental health, educational needs, family ties, and the emotional impact of separation from their support network are critical. Ensuring the stability and well-being of children is a key consideration in granting permanent residence on H&C grounds.
Other Critical Factors
Several other factors are also considered in H&C applications, including the length of time applicants have lived in Canada, their community ties, family support, employment history, and the potential hardships they would face upon returning to their home country. These elements help to paint a comprehensive picture of the applicant’s situation and justify the need for permanent residence in Canada.
Evidence
Required Documentation
Applicants must provide essential documents to support their H&C application. This includes proof of identity, employment records, letters from family and community members, and school records for children. These documents collectively help demonstrate the applicant's integration into Canadian society and the significant hardships they would face if forced to leave.
Tips for Gathering Evidence
When compiling evidence for an H&C application, it is crucial to ensure that documents are detailed, dated, and signed. Gather as much supportive information as possible, including medical records, psychological reports, and letters of support from community leaders and employers. Comprehensive and well-organized documentation strengthens the application by clearly illustrating the applicant’s unique circumstances and hardships.
Waiting for Permanent Residence Decision
Timeline and Process
The decision-making process for H&C applications can take over two years. During this period, applicants are permitted to remain in Canada but are advised against travelling outside the country, as re-entry may be problematic. Understanding the timeline helps applicants prepare for the wait and plan accordingly.
Interim Measures
While waiting for a decision on their H&C application, applicants should maintain employment, community involvement, and other stability measures. Staying integrated in the community and demonstrating ongoing contributions to Canadian society can positively influence the application outcome.
Getting Help
Professional Assistance
Seeking help from a Regulated Canadian Immigration Consultant (RCIC) or an immigration lawyer can strengthen your application and improve your chances of success.
FAQ
What are Humanitarian and Compassionate Grounds?
These are special reasons that let people stay in Canada because leaving would cause them serious problems. It’s for those who don’t fit into regular immigration categories but have good reasons to stay.
Who is Eligible?
People who don’t have legal status in Canada and would face big hardships if they had to leave.
What Factors Are Considered in the Application?
Officials look at how it affects children, how long you’ve been in Canada, your community ties, family support, work history, and what hardships you’d face if you left.
How Long Does the Process Take?
It can take more than two years. The time depends on how complex your case is and how complete your application is.
Can I Appeal a Denied Application?
Yes, if your application is denied, you can appeal. This means you can show more evidence or explain why you should be allowed to stay.