The Humanitarian & Compassionate (H&C) Pathway Is the Best Solution for Rejected PRs
Humanitarian & Compassionate H&C Pathway
H&C refers to Humanitarian & Compassionate applications issued within Canada, it basically targets people who reside with no legal status in Canada or their PR was rejected.
If it’s you or someone you know, you still have a chance to gain the Permanent Residency status in case you are qualified for the Humanitarian & Compassionate H&C pathway.
There are many factors that might increase your eligibility, including work experience in Canada for many years, children going to Canadian schools, having residing family members in Canada, or being a member of a religious organization. For further explanation regarding the eligibility criteria, visit. Read more.
Special Cases That Can Apply For Humanitarian & Compassionate H&C:
There are many situations in which Canada has allowed people to apply successfully for Humanitarian & Compassionate H&C, examples of some situations:
- Having travel restrictions that might prevent individuals from travelling back to Canada.
- Sickness or incapability of the applicants might prevent them from travelling outside Canada.
- Court, legal, or financial procedures outside Canada related to the applicant.
- Prioritizing having a child.
Who Can Not Apply For Humanitarian & Compassionate H&C?
You cannot apply for Humanitarian & Compassionate H&C if you:
- Have Canadian citizenship,
- a permanent Residency status,
- Pending H&C application,
- a pending refugee claim, and
- Are a designated foreign national within the last 5 years. (Further details)
How an H&C Candidate Is Assessed?
A good candidate for an H&C application would be someone who has resided in Canada for a number of years and who has some of the factors listed above. Oftentimes, applicants do not qualify for other Canadian permanent residence categories such as the Federal Skilled Worker Program where applicants are assessed on their English skills or education, or work experience. A typical applicant may be a laborer with little education, but has managed to support him or herself in Canada. A few situations that have allowed individuals to successfully apply for H&C status include:
- Inability to travel back to Canada due to travel restrictions (such as due to COVID-19).
- Applicant’s illness or incapacitation while travelling outside Canada.
- Illness, incapacitation, or death of a family member who lives outside Canada.
- Court, tribunal, or other legal proceedings outside Canada pertaining to the applicant.
- Financial proceedings outside Canada pertaining to the applicant.
- The best interest of a child.
Best Interest of The Child:
Officers reviewing an application to renew PR cards on humanitarian and compassionate grounds have to take into account the best interests of any child who will be directly affected by the outcome of the application. This consideration includes children living both inside and outside Canada, regardless of their citizenship or other status. Aspects of how the application relates to the child or children in question include:
- The child’s relationship with the applicant.
- The child’s age.
- The child’s degree of dependence on the applicant.
- Medical issues or special needs the child may have.
- Impact on the child’s application.
PR Renewal With H&C:
It is possible to renew your PR Card on H&C grounds when your status is expired. When seeking to renew your PR Card, you will be assessed to be sure you still fall under and qualify for this category!
Hardship In Home Country:
A major component of H & C cases is the potential suffering of undue hardship if you are required to return to your home country. It is important to explore an applicant’s background in terms of the social, economic, or personal hardship they or their family would be subject to in their home country. Note that the applicant for Humanitarian and Compassionate cases does not have to be subject to persecution. H & C cases are not Refugee cases. However, without showing hardship, it may be difficult to succeed in your application for Canadian permanent residence under the Humanitarian and Compassionate Category.
The Procedure of Humanitarian & Compassionate H&C Application:
You must know that it is very important to prepare a strong submission letter and collect supporting documents that play a persuasive role in your application.
The process goes as follows.
- Completing the application package with a detailed submission letter demonstrating why the assessing officer of immigration should approve your application.
- Paying the necessary fees.
- Submit the application.
Note: All Humanitarian & Compassionate H&C cases are assessed based on criteria given to the immigration officer, which means he can approve or reject the application.
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