Immigration Law Firm. Humanitarian & Compassionate Application
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- Years ears of combined experience with hundreds of cases filed
- A proven track record for handling all Canadian H&C application
- Fully licensed Immigration Lawyers and Immigration Consultants
- A team dedicated to finding you a way!
Humanitarian & Compassionate Application
What is Humanitarian and Compassionate Consideration?
Humanitarian and Compassionate Consideration, also referred to as H&C, are applications for permanent residency in Canada. Immigration, Refugees and Citizenship Canada (IRCC) classifies humanitarian and compassionate consideration as providing flexibility to allow permanent residence status to certain foreign nationals who would otherwise not qualify under any other immigration class in Canada; this is in cases where there are also compelling humanitarian and compassionate grounds. In most cases, these certain foreign nationals often do not have legal status in Canada, however, they do not want to leave Canada and would like the opportunity to stay.
H&C applications are intended for individuals who would suffer from excessive hardship should they have to return to their home country. This excessive hardship would not include any costs or inconvenience of leaving the country. Apart from proving hardship, the applicant must also make specific arguments that affect their personal circumstances if they were to leave Canada and thus would become relevant when requesting humanitarian and compassionate consideration.
Immigration to Canada
We ensure that once you hire Akrami & Associates Immigration Law Firm that your matter is handled by a competent and experience immigration lawyer or Immigration Consultant. You will have a dedicated team assigned to your file. You can call us, email us or drop by anytime and we will respond to all your questions within 24-48 hours. That is our promise to you. Being responsive is key to the success of your application.
Factors that Contribute to the H&C Application
When requesting humanitarian and compassionate consideration for permanent residency in Canada, it is very important to submit as much documentation and information that you can that relates to your personal circumstances in Canada. There are several factors that an applicant should consider when applying for an H&C application, such as:
- Family ties in Canada
- Employment ties in Canada
- Financial ties or investments in Canada
- Social ties to your community in Canada
- Any property ownership/lease
- Studying in Canada
- Any upgraded language skills in English and/or French
Have a Question?
Who Can Apply for Humanitarian and Compassionate Consideration?
When applying for an H&C application, it is important to recognize that these applications are usually only applied for as a last resort. The individuals that apply for H&C applications most of the time do not have any other option available to them to immigrate to Canada and are thus left with the H&C application. In these cases, the applicant is requesting that Immigration, Refugees and Citizenship Canada (IRCC) makes an exemption to the specific guidelines and requirements set out in the IRPA and the Regulations considering the specific circumstances of the applicant and the hardship they would endure if they were to return to their home country. Therefore, an individual can apply for permanent residency in Canada on humanitarian and compassionate (H&C) grounds, if they:
- Currently reside in Canada
- Require an exemption from one or more of the requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residency in Canada
- Are not eligible to apply for PR from within Canada in any of the following classes: – Spouse or Common-Law Partner Sponsorship, – Federal Skilled Worker, – Express Entry, – Live-in Caregiver Program, – Protected Person, – Convention Refugees, or – Temporary Resident Permit Holder.
- Believe you would endure unusual and undeserved hardship if you were required to leave and exit Canada
How to Increase your Chances for a Successful H&C Application?
Establishment in Canada is essential to increasing your chances for a successful H&C application. For instance, if you are a foreign national that was on a valid work permit, however, it expired but you continued working under the table and have established yourself in a Canadian society and economy, this would be beneficial to your H&C application. Immigration officers will examine whether you have established yourself in Canada in more than one way and have a centralized way of life in Canada. Because of the establishment that has been created in Canada, this has led the individual to create a way of life in Canada and would not return back to their home country because of hardships they would endure. This centralized way of life in Canada would make it extremely difficult for the individual to return to their home country.
What an Immigration Officer Looks For for H&C Application?
Applicants that would like to apply for humanitarian and compassionate consideration must submit and provide as much evidence to support their requests in order for the Immigration officer to have a wide scope of their specific circumstances. When the Immigration officer assesses H&C applications, they will not request any additional information from the applicant. As a result, submitting as much information as possible to prove the case is essential for higher chances of a successful application. Essentially, the responsibility and onus is on the applicant to provide the Immigration officer with as much information to support their case for permanent residency in Canada.
Please note that when Immigration officers assess any immigration application, they use their discretion and flexibility to determine the best outcome for the application; this is especially the case for humanitarian and compassionate consideration applications. The Immigration officer will utlizie all of the resources available to them to accurately examine the application and whether the applicant should be exempt from any requirements of the IRPA or Regulations and be granted permanent residency on humanitarian and compassionate grounds.
Is H&C in Best Interests of the Child?
Humanitarian and compassionate consideration applications also take into consideration the best interests of a child that would be directly affected by the final decision made on the application. As a result, if you do have a dependent child that you know would be directly affected if you were requested to return to your home country, it is best to provide as much information and documentation as possible on their behalf. Keep in mind, the best interests of the child will not outweigh other relevant factors included in the application; however, they are highly considered. The best interests of the child is one of several important factors that should be considered in the application.
Humanitarian and Compassionate website is focused on your successful immigration to Canada.
- Open spousal work permit application
- Open spousal work permit application
- Open spousal work permit application
How it Works
We provide a 30-45 minute consultation to determine your options & answer all your questions
You choose us and we are committed to finding a way for your immigration
We are committed to working with you to helping you immigrate to Canada
We follow up and keep you informed until a final decision is made
Akrami & Associates Can Assist You with Your H&C Application
If you are a foreign national and would like to apply for permanent residency in Canada with humanitarian and compassionate consideration, Akrami & Associates can definitely help you with this process. At Akrami & Associates, we have dealt with many different immigration matters, including humanitarian and compassionate consideration applications. We have duly assisted our clients who have established themselves in Canada and cannot imagine returning to their home country due to the extensive hardship they would endure if they were to return. We will help our clients compile their information and documentation to draft a strong application for the best chances of a successful application. Additionally, it is extremely important that you take into consideration the aforementioned information prior to submitting your H&C application. If you would like to apply for a humanitarian and compassionate consideration for permanent residency in Canada, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!
I would like to thank Shabnam and her team for all their help and guidance in securing my permanent resident status. They are a professional law firm who know the express entry process very well. I would highly recommend them to anyone who is applying through the express entry program.
Shabnam and her associates helped me deal with an immigration issue – just like the government agencies in the US, Canada has complex requirements and forms to sort through and fill out- she was great at explaining the process and walking me through all the forms step by step- I am glad I chose her and am happy with the results. I would definitely recommend her!
They have been extremely helpful the entire process, with communication being easy and fast. All the questions I ever had were answered and now my wife is coming back to Toronto via spousal sponsorship! Thank you!
H&C Frequently Asked Questions
What is a H&C application?
People who are not eligible to become permanent residents of Canada and do not qualify to apply to remain in Canada under any other immigration categories may be able to request to remain in Canada permanently on humanitarian and compassionate grounds. Humanitarian and compassionate grounds apply to people with exceptional cases.
What are the eligibility requirements to apply for a H&C?
The following restrictions apply:
You may only ask for H&C grounds if you are applying for permanent resident status inside Canada, or for a permanent resident visa abroad
You cannot have more than one H&C application at the same time.
You cannot apply for H&C grounds if you have a pending refugee claim
You cannot apply for H&C grounds if you had a negative decision from the Immigration and Refugee Board within the last 12 months. This includes abandoned or withdrawn claims. This bar does not apply if:
you have children under 18 who would be adversely affected if you were removed from Canada, or
you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.
If you came to Canada as an irregular arrival and have been advised in writing by the Minister of Public Safety that you are a “designated foreign national,” you cannot apply for H&C grounds until 5 years have passed since:
the day you became a designated foreign national and/or o the Immigration and Refugee Board made a final negative decision on your refugee claim and/or
you got a negative decision on a Pre-Removal Risk Assessment.
What happens if my H&C application is refused?
If your H&C application is unsuccessful, you can apply to the Federal Court of Canada to have the decision reviewed. If the Court determines the decision was incorrect or unreasonable, it will be sent back for reconsideration by another H&C officer. You can also file a new H&C if you are able to put forward new evidence and address the shortcomings which led to the initial refusal.