Permanent Residence PR Application on Humanitarian and Compassionate grounds (H&C)

PR Application on Humanitarian and Compassionate grounds Considerations

Apply for PR Application on Humanitarian and Compassionate grounds Considerations:

To apply for H&C grounds consideration, an individual must submit an online application package that includes forms, supporting documents, and a written statement outlining the reasons why they should be granted H&C consideration. The written statement should provide detailed information about the applicant’s specific circumstances and explain why it is hard for them to leave Canada and apply from their country. The statement should include all relevant information factors to H&C application.

Application for permanent residence in Canada can be a daunting process, especially when you do not qualify for immigration status under any other category. In such cases, individuals may consider applying for humanitarian and compassionate (H&C) grounds consideration. This application is available to people who are already in Canada and are facing hardship if they were required to leave the country.

Eligibility Criteria for humanitarian and compassionate H&C Consideration

To be eligible for humanitarian and compassionate (H&C) consideration, an applicant must demonstrate that they are not eligible for other immigration programs to Canada. This could be due to a variety of reasons such as inadmissibility or not meeting the requirements of any other immigration program. The eligibility criteria for H&C consideration include factors such as family ties in Canada, establishment in Canada, and the best interests of a child, language skills, integration into the work market in Canada, time spent in Canada, visits to the country of origin, length of those visits, reasons of the visits…etc.

  • Family Ties in Canada:
    If an applicant has close family members who are Canadian citizens or permanent residents, this can be a factor in their eligibility for H&C consideration. The applicant must demonstrate that separation from their family would cause hardship.
  • Establishment in Canada:
    An applicant’s ties to Canada can also be considered when determining their eligibility for H&C consideration. If the applicant has lived in Canada for a significant period of time and has established themselves through work or community involvement, this can strengthen their case.
  • Best Interests of a Child:
    When considering an application on humanitarian and compassionate grounds, the best interests of any children involved will also be taken into account. If separating the child from the applicant would cause undue hardship, this could weigh heavily in favor of granting H&C consideration. It is important to note that having a Canadian child is not more important than having non-Canadian child. The law in Canada consider the best interest of a child regardless of the nationality.
  • Demonstrating Excessive Hardship:
    In order to be granted H&C consideration, an applicant must demonstrate that they would experience excessive hardship if they were not allowed to remain in Canada. This could include financial hardship, medical issues, or personal if returning to their home country.

Understanding the eligibility criteria for applying for H&C consideration in Canada

Applying for H&C with a removal order can result in the removal being executed before a decision is made.

Individuals facing a removal order may be tempted to apply for humanitarian and compassionate (H&C) consideration as an avenue to remain in Canada. However, it is important to understand that applying for H&C does not stop the removal process. In fact, if the individual has been issued a deportation order, they may be removed from Canada while their application is still pending. This means that even if the H&C application is eventually approved, the individual will have already been deported. But they can come back to Canada if they are approved.

There are certain circumstances under which an individual may be able to obtain a stay of removal while their H&C application is being processed. For example, if there are serious health concerns or other compelling reasons why removing the individual would cause undue hardship, then they may be granted temporary relief from deportation until a decision on their H&C application is made. It is important to note that these circumstances are so rare and special. It is not the perspective of the applicant that decides, but the perspective of the officer and the consideration of the case.

Even if an individual’s H&C application appears strong and well-supported by evidence, there is no guarantee that it will be approved. If an application is denied, they can apply again for another H&C application.

A negative decision on an H&C application can also impact future immigration applications. In addition to potentially impacting future immigration applications, negative decisions on H&C applications can also lead to financial costs for the applicant. The cost of preparing and submitting an H&C application can be significant, especially if legal representation is sought.
Individuals with a removal order should seek legal advice before applying for H&C to fully understand the potential consequences.

Given the potential risks involved in applying for H&C consideration while facing a deportation order, it’s crucial that individuals seek legal advice before proceeding. An experienced immigration lawyer or immigration consultant can help assess the strength of an individual’s case and provide guidance on whether pursuing an H&C application is a viable option.

Tip: you can Read all details and conditions about PR Application from this article

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Seeking Professional Advice

It is important to seek the advice of an experienced immigration lawyer or immigration consultant when applying for H&C consideration. A professional can help guide the applicant through the process and ensure that they have all the necessary documentation and evidence to support their case.

LMRT Immigration Services in Montreal helps applicants for permanent residency under special circumstances such as H&C (Humanitarian & Compassionate considerations). Most people seeking permanent residency in Canada must apply from their home countries. Foreign nationals don’t have the right to apply for permanent residency while in Canada unless they meet certain in-Canada immigration class requirements.

We utilize IRPA (Immigration & Refugee Protection Act) provisions to help inadmissible foreign nationals, or those ineligible for applying in an immigration class, apply for permanent residency or IRPA exemptions based on H&C considerations.

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