Applying for Permanent Residence on Humanitarian and Compassionate Grounds

Humanitarian and Compassionate grounds are a crucial aspect of Canadian immigration law. Individuals who might face hardship if they are to return to their country to apply for Canadian Permanent Residency, and they meet certain criteria may apply for permanent residence on humanitarian and compassionate grounds. The decision to grant H&C grounds is made on a case-by-case basis, taking into account all relevant factors. The decision is discretionary and it is not like other immigration programs.

Application Process for Permanent Residence on Humanitarian and Compassionate Grounds

To apply for PR under the humanitarian and compassionate grounds, individuals must submit a formal application with supporting documentation outlining their unique circumstances. The application will be reviewed by immigration officers who will assess whether not granting H&C status would be unjust or unfair. The statement should include all relevant information factors to H&C application.

Conditions for applying for permanent resident status under H&C grounds

Child’s Well-Being and Stability as Crucial Considerations

The well-being and stability of the child are crucial considerations in H&C applications, and applicants must demonstrate how their circumstances would negatively impact the child’s best interests.

For example, if a parent were forced to return to their home country due to medical reasons or financial hardship, this could have significant negative effects on their child’s education and overall quality of life.

In another case study, a father applied for permanent residency on behalf of his teenage son who had been living with him in Canada for several years. The father was diagnosed with a medical condition that required ongoing treatment not available in his home country. He argued that leaving Canada would result in significant health risks for both him and his son.

Additionally, he provided evidence showing that his son had established strong ties with friends and community members in Canada which would be disrupted if they were forced to leave.

The application was approved based on H&C grounds due to the significant negative impact on the child’s well-being and stability.

Careful Consideration of All Relevant Factors

Filing an H&C application on behalf of a child requires careful consideration of all relevant factors, including the child’s age, education, health, and relationship with family members.

For example, if a child has already established strong ties to Canada through education or community involvement, this could be a major factor in their best interests.

In yet another case study, a mother applied for permanent residency on behalf of her young daughter who had been living with her in Canada for several years.

The mother argued that returning to their home country would put them both at risk due to political instability and violence.

Additionally, she provided evidence showing that her daughter had become fluent in English and had established close relationships with friends and teachers at school.

The application was approved based on H&C grounds due to the significant negative impact on the child’s well-being and stability.

Factors considered by immigration officers in an H&C application

Ties to Home Country

When reviewing an H&C application, immigration officers consider the applicant’s ties to their home country. This includes family ties and community connections.

If the applicant does have significant ties to their home country, it may be more difficult for them to establish that they are unable to return due to hardship. However, if the applicant can demonstrate that their ties are not strong, it could strengthen their case for remaining in Canada on humanitarian and compassionate grounds.

Health and Medical Needs

An officer will review any medical documentation provided by the applicant, including records of treatment received in Canada and overseas.

If an applicant can show that they require ongoing medical treatment that is not available in their home country or that would be prohibitively expensive there, this could weigh heavily in favor of granting their application.

Additionally, if returning to their home country would pose a risk to the applicant’s health due to environmental factors such as pollution or lack of access to clean water, this could also support a successful H&C application.

Potential for Hardship or discrimination

Immigration officers also consider other factors when reviewing H&C applications. One such factor is whether returning to the person’s home country would result in hardship or discrimination. Due to political beliefs, ethnicity, religion, or sexual orientation. It is worth noting that persecution and risk to life are not considered in H&C applications.

The Importance of Seeking Legal Advice When Applying for Humanitarian and Compassionate in Canada

Social Proofs

Seeking legal advice can also improve your chances of success. According to a study conducted by Immigration, Refugees and Citizenship Canada (IRCC), applicants who were represented by a lawyer or immigration consultant had a higher success rate than those who applied without representation. This suggests that having professional assistance can greatly improve your chances of being granted relief on humanitarian and compassionate grounds.

Required Documents for H&C Applications

Submitting an application for humanitarian and compassionate (H&C) grounds in Canadian immigration can be a complex process. One of the most important aspects of this process is providing all the necessary documents to support your claim. In this section, we will discuss the types of documents that may be required for an H&C application.

Medical Records

If you have a medical condition that would be exacerbated if you were forced to leave Canada, it is essential to provide medical records as evidence. These records should show that your condition requires ongoing treatment and that leaving Canada would put your health at risk.

Police Certificates

If you have a criminal record, it is crucial to provide police certificates from any country where you have lived for six months or more since turning 18 years old. If you do not provide these certificates, your application may be refused.

Employment Records

If you are employed in Canada, it is important to provide employment records to demonstrate your contribution to Canadian society. These records should show how long you have been employed, your job title, and your salary.

Personal Statements or Letters of Support

In addition to official documents, personal statements, or letters of support from family members, friends, or community leaders can also be helpful in supporting an H&C application. These letters should explain why leaving Canada would cause hardship and why the applicant deserves special consideration.

Timely Submission of Documents

It is essential to submit all required documents in a timely and complete manner when submitting an H&C application. Failure to do so could result in delays or even rejection of the application. It is recommended that applicants seek professional advice from a reputable Canadian immigration consultant group before submitting their applications.

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Loujin Khalil
Loujin Khalil

Founder, RCIC-IRB.
LMRT Immigration Services.

Loujin Khalil is a Regulated Canadian Immigration Consultant (RCIC-IRB) and member of The College of Immigration and Citizenship Consultants (CICC).

With expertise in asylum and refugee applications, he represents clients before the Immigration and Refugee Board (IRB), covering the Refugee Protection Division, Refugee Appeal Division, Immigration Division, and Immigration Appeal Division.

Areas of Expertise:
• Refugee Claim Applications (complex cases involving multiple nationalities, criminality, and exclusion 1F, 1E issues).
• Business Immigration Programs (Entrepreneur streams, Start-Up Visa…etc.).
• Family, Spousal and parents’ sponsorship.
• Pre-Removal Risk Assessment (PRRA).

For expert immigration consultation in Montreal, contact Loujin Khalil:
Email: [email protected]

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