Humanitarian and Compassionate Application is a special provision for foreign nationals who seek permanent residency in Canada but cannot apply for it under regular provisions. This category is permissible in some exceptional cases but it can be exceedingly demanding to get these applications approved. Most of the times, it is extremely hard to establish an individual’s extraordinary circumstances to be able to benefit from this provision.
It is advised to seek experienced legal help when applying under this provision because H&C application is one of the most challenging and complicated provisions to understand for any person uninitiated into Canadian legalities. Your situation must be extraordinary for you, but Canadian government might have a different view to it. Proper and timely consultation can save you from the hassles of adverse results.
Study carefully some of the factors –
- Place of Application: Permanent residency applications are generally to be applied for outside of Canada. Inland applications are permitted in some exceptional cases where, for instance, a couple is allowed to make a sponsorship application while in Canada so that the family can remain together during the application process. For Humanitarian and Compassionate Grounds applicants, the application has to be made from outside of Canada unless there is a possibility of a negative impact or a sign of threat for the applicant if he/she moves back into the mother country for the application processing time.
- While Staying in Canada: Under this, the immigration officers determine the reasons why an individual could not leave Canada for the time when the permanent residency application is being processed. If an individual’s circumstances are found to be beyond his/her control and they find it impossible to return to their home country because of a threat or a denial from the country, then their case will be reviewed accordingly. Decisions are taken, under these categories, based on the assessments of individual concerns and circumstances.
- Ability to establish in Canada: To qualify for this provision, an applicant must prove that he/she is financially robust. The review board will enquire about the applicant’s financial status, job stability or business success, and give impetus only to those who have proven to contribute significantly to Canada’s economy, or who show signs of doing so.
- Assimilation into Canadian Culture and Social Life: If an applicant has been staying in Canada previously, he/she will be assessed based on his/her assimilation into Canadian society. An applicant with healthy life skills and social skills proves to be an asset to Canadian community and will be preferably retained by the Canadian government than someone who is ill-adapted to Canadian culture.
- In children’s Interest: The Humanitarian and Compassionate plea keeps in special consideration the interests of the children who might be at risk. For an H & C approval, you will have to prove why leaving Canada will bring you disproportionate hardships or prove life-threatening. Only under extreme circumstances can someone be exempted from fulfilling some requisites otherwise mandatory for permanent residency visa. In case, an adult fails to get clearance under H & C program, one can apply through a child as it is Canadian principle to ensure safety and security to children. As said earlier, H & C approvals are very complicated and the strategy can differ from case to case.
- In Danger in Home Country: People who can establish that they are under threat of persecution or harassment for religious, linguistic, social, cultural, or sexual orientation in their home country, can apply for permanent residency on H&C basis.
Humanitarian and Compassionate Grounds Category: Who Cannot Apply?
- Temporary work permit or residential status will not be allowed on H&C grounds.
- Refugee claimants will not be assessed under this category whose cases are still pending with CBSA or any other equivalent body.
- Non-Canadians demanding assessment based on risk factors such as threat of persecution or harassment.
- If the applicant or his/her dependent has a disease that proves them to be medically inadmissible in Canada.