Humanitarian and Compassionate Application
Posted on 25/01/2018
Refugees and asylum seekers have a long history of being welcomed in Canada, which has long prided itself on providing a safe haven for those in need of protection and assistance.
If you have an ill partner, child or need to stay in Canada for reasons of personal or familial safety, a Humanitarian and Compassionate application is well worth investigating.
Canada has strict conditions on who it lets into the country, make sure your paperwork is complete and up to date and you fulfill the conditions of application before trying. The Canadian government wantes to make sure your case and needs are genuine.
Having a humanitarian and compassionate application granted is an exception, but they are granted only under certain conditions.
For permanent residence H&C applications, what the Canadian government mainly looks for is how settled the applicant is in Canada, how close their family ties are, the welfare of any dependent children involved and what could happen to the applicant if the request is refused.
Any dependents who could be removed to a country where they would face discrimination, threat, violence or injustice could be considered in the application.
If the request were to be refused and the person needing a humanitarian and compassionate application was sent back to the country where they might face injustice, torture, discrimination or threats to life and limb, the applicant should apply for refugee status, not a humanitarian and compassionate application. You would have to withdraw such an H&C application to be eligible..
If you’ve applied in the last 18 months for a Humanitarian and Compassionate application and been rejected, you won’t be eligible to submit another application until 18 months have passed, unless you have dependent children aged 18 or under or your dependents are suffering from life-threatening conditions.
“Irregular arrivals” into Canada, or those arriving in Canada in an otherwise illegal manner, cannot be eligible for a Humanitarian and Compassionate application until 5 years have passed since you became a “designated foreign national,” got a negative ruling from the IRB or a refusal of the Pre-Removal Risk Assessment. This does not include the situation whereyou have children under the age of 18 who could be badly affected by this decision, or have dependents who are suffering life-threatening conditions.
Those who have been issued with a removal order by the Canadian government can still apply for a Humanitarian and Compassionate application, though it won’t change the date on which you will be removed. If you have been removed from Canada, your application will still be assessed. Be aware you have no right to appeal a refused application but can apply to the Federal Court of Canada for a review of your case.
If you’re applying, make sure your details are kept up to date, any detail that is omitted could imperil your application. H&C applications are hard to get right. Be sure to seek legal advice when submitting your application. Maxcan immigration has years of experience with H&C applications; Regulated Immigration Consultant Mary Zhang has handled many successful H&C applications. Please contact us at our office in Markham.
Humanitarian and Compassionate Grounds Application for PR
The first step in a Humanitarian and Compassionate Grounds appeal for Permanent Residence is to be allowed to apply for permanent residence. Only once your H&C application has been accepted can you apply for Permanent Residence. Acceptance of an H&C application does not mean your application for Permanent Residence will be accepted.
The second step in a Humanitarian and Compassionate Grounds Application for PR is to actually apply for PR, through one of the ways in which applicants would normally apply for PR:
- Express Entry (Canadian Experience Class, Federal Skilled Trades, Federal Skilled Worker)
If you do not qualify for PR for one of these options, an approved Humanitarian and Compassionate Grounds application will not necessarily ensure you receive PR.