Humanitarian and Compassionate Application
Navigating the Canadian immigration process can be overwhelming, especially for those with unique personal situations. The Humanitarian and Compassionate (H&C) application provides an essential lifeline for individuals who don’t fit within typical immigration categories but face extraordinary circumstances.
This program evaluates applicants based on how integrated they are in Canada, their connections to the community, and the challenges they would encounter if required to return to their home country. By considering factors such as family ties and the best interests of children, H&C applications serve as a compassionate approach to securing permanent residency.
Canadian Permanent Residency under Humanitarian and compassionate consideration
Humanitarian and Compassionate application in Canada is a pathway for staying in Canada rather than an alternative to gaining permanent residency in Canada. Humanitarian and Compassionate grounds are a means for residing in Canada under special circumstances; there is also an Immigration and Refugee protection act that grants citizenship & Immigration Canada the right to give permanent residency in regard to Humanitarian and compassionate reasons.
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.
How to find out your eligibility for Humanitarian & Compassionate considerations in Canada?
To be considered eligible for Humanitarian & Compassionate immigration, you should consider the following:
- The applicant’s settlement period in Canada and his connection to the community, family, and education will also be taken into consideration.
- In case the applicant returns to his home country, the obstacles he/she may face will be taken into consideration, such as War events and fear of oppression.
- The Physical and Psychological effects on the applicant’s children will be taken into consideration in the assessment made by the IRPA immigration officers in case they were to be deported to their home country.
- The lack of medical treatment in the applicant country.
- The applicant might have a divided family.
- The problems the applicant may face in case of rejection of his application.
- Other exceptional conditions.
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Support your Humanitarian and Compassionate Application by submitting these documents
The government may ask you to provide proof to support your claims; the documents might include the following:
- A letter from a family member that shows the strength of the relationships and how hard it will be if the applicant left.
- A letter from a friend or a community member that highlights the important social roles played by the applicant, such as voluntary work and special connections with the community.
- A letter from a current employer that describes the nature of your work and proof of monthly salary.
- An important thing to be considered: All submitted letters must be handwritten, marked with the date, and signed by the writer as well as illustrating the nature of the relationship with the applicant.
- If the applicant has a child, the child can write a letter illustrating the reason why he/she would like to reside in Canada, or the applicant can submit documents describing the child has ongoing education in Canada (Teacher’s and friend’s letters from school, certificates of joining school activities).
- Pictures of the applicant residing period in Canada with family and friends.
The applicants who are not eligible for Humanitarian & Compassionate considerations in Canada?
Factors that demonstrate that the applicant is not eligible:
- The applicant lives as a temporary resident in Canada.
- The applicant has a pending Refugee Claim.
- Applicants whose admission was rejected by the Immigration Review Board can re-apply after 12 months.
- In case an applicant was deprived of entering Canada, they can only re-apply before 12 months, in case he has children under 18 affected by the decision.
- The applicant may have the ability to apply again in case they have an urgently needed medical treatment that does not exist in their homeland.
- If the applicant was labelled as “Foreign Entry,” he can re-apply after 5 years.
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How can I apply for Humanitarian and Compassionate considerations in Canada?
For People living in Canada who have the desire to apply for Humanitarian and Compassionate considerations in Canada, they must fill out a 2-form application:
- The General Candia Immigration application (IMM 0008).
- Humanitarian and Compassionate grounds exemption application (IMM 5283).
People living outside Canada can apply by filling out:
- An application for one Immigration class out of these three (Family Class, Economic Class, or Refugee Program) with attachments that illustrate the reasons they are applying for Humanitarian and Compassionate considerations in Canada.
The applicant can apply for Canadian PR if his/her Humanitarian and Compassionate application is approved, and this guarantees the applicant’s residency in Canada.
In case the applicant applied under the following sponsorship programs, he/she is ineligible for PR:
- Spouse Sponsorship.
- Common-Law Sponsorship.
- Live-in Caregiver Program.
- Protected Person.
Designated Foreign Nationals
In case the applicant entered Canada illegally, he/she is deprived of applying for Humanitarian and Compassionate Ground for the next 5 years. Before being considered as Foreign National, if the applicant has applied, their application will be postponed for the next 5 years as well.
Find out if you are eligible to get in Canada →
Applying for permanent residency on humanitarian and compassionate grounds can transform lives, offering security and the chance to fully integrate into Canadian society. Although the application process can be complex and demanding, it offers hope to those facing significant hardships. With the right guidance and thorough documentation, you can enhance your application’s chances of success. Consulting with experienced immigration professionals ensures your case is presented with the clarity and detail it deserves, paving the way for a more secure future in Canada.