Humanitarian and Compassionate Consideration (H&C) Overcoming Inadmissibility


Inadmissible Individuals Can Overcome Inadmissibility with H&C Consideration

In order to overcome inadmissibility issues in Canada, an individual can apply for humanitarian and compassionate consideration, so long as it coincides with their personal circumstances and it is justified to be considered through H&C. The Minister assessing the application may grant an exemption from the inadmissibility issue if the applicant is justified by H&C considerations. Therefore, in this article, I will address the different inadmissibility issues that can be considered in humanitarian and compassionate consideration applications.

When to Consider an Exemption for Inadmissibility Issues

Inadmissibility can only be considered in humanitarian and compassionate consideration applications if the decision maker, in this case the Immigration officer, is aware of the inadmissibility issues as well as the overall context of the humanitarian and compassionate considerations put forth by the applicant. Strictly speaking, the Immigration officer should assess whether the H&C considerations of the application are sufficient to waive the inadmissibility issues of the applicant. In the worst case scenario, if the Immigration officer determines that the H&C considerations do not warrant the waiver of the inadmissibility, then the application will be unfortunately refused.

Inadmissibility Issues

There are different inadmissibility issues that can be assessed in humanitarian and compassionate consideration applications. The four inadmissibility issues that will be discussed in this article will be: criminal inadmissibility; medical inadmissibility; financial inadmissibility; and, inadmissibility of family members.

Criminal Inadmissibility

When assessing criminal inadmissibility in humanitarian and compassionate consideration applications, the Immigration officer will have to examine a variety of factors in order to determine whether the inadmissibility outweighs the H&C considerations. For instance, the Immigration officer would need to assess the applicant’s past actions that led to the criminal inadmissibility, such as the type of criminal conviction or charge; the sentence imposed; the amount of time that has passed since the conviction or charge; whether the conviction or charge was an isolated occurrence or part of a pattern of criminality; and, any other important information surrounding the circumstances of the crime.

Medical Inadmissibility

Specifically for medical inadmissibility, the medical condition must be confirmed at a medical examination prior to an exemption being made to overcome it. If an applicant applies for a humanitarian and compassionate consideration requesting an exemption of inadmissibility due to medical health reasons and there are justifiable reasons for H&C consideration, then the Immigration officer may request the applicant to undergo a medical examination. It is important to note that the Immigration officer will also have to assess whether the individual will put an excessive demand on health or social services because of their condition. For instance, the Immigration officer will need to determine the cost of the treatment or care for the applicant, whether there are arrangements to cover the costs of treatment or care for the applicant, and much more.

Financial Inadmissibility

In circumstances where an applicant is receiving social assistance, they can still receive a positive assessment for stage one of their humanitarian and compassionate consideration application. The Canadian government understands that depending on social assistance can be temporary or can come as a result of not being able to work in Canada. For instance, if the application for permanent residency is being processed, the applicant could be self-sufficient by that time. However, if the applicant is still on social assistance when the processing of the application has finished, then the application can be refused unless they have compelling H&C considerations that can justify an exemption. If this is the case, the Immigration officer will request documentation to prove that the applicant will no longer be receiving social assistance. This can, however, delay the application if the applicant is not able to provide this evidence.

Inadmissibility of Family Members

There are some circumstances where an inadmissible family member can potentially make the principal applicant inadmissible, regardless of whether the inadmissible family member is seeking permanent residency or not. This can apply to family members who are in and outside of Canada. In these specific cases, the principal applicant can request an exemption from A42 of the Immigration and Refugee Protection Act. A42 requires that the principal applicant’s family members must not be inadmissible. An Immigration officer will only permit this exemption in exceptional circumstances and when there is no other viable solution to the inadmissibility issue. The Immigration officer must be satisfied that the family member is not available to be medically examined or that it would be unreasonable to request a medical examination given the specific circumstances of the application.

Other Considerations

It is important to recognize that Immigration officers have the authority and flexibility to consider exemptions on their own accord at any time during the assessment of a humanitarian and compassionate consideration application. In these circumstances, the application can involve an applicant who unfortunately does not meet the requirements of the Act or Regulations. Alternatively, it can also involve a new or existing inadmissibility issue that has risen after a positive assessment of stage one in the application process, but this must be before the applicant is granted permanent residency in Canada.

Contact Akrami & Associates

If you would like to apply for permanent residency in Canada with humanitarian and compassionate consideration while having inadmissibility issues, Akrami & Associates can definitely help you with this process. Applying for an H&C consideration application from with inadmissibility issues can be confusing if you are unfamiliar with how Immigration applications work. Moreover, any Immigration application can become overwhelming if done alone; therefore, it is highly recommended that you seek out professional and experienced help before attempting to apply. Additionally, it is extremely important that you take into consideration the aforementioned information prior to submitting your application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients obtain permanent residency through humanitarian and compassionate consideration while having inadmissibility in Canada. If you believe that you might be eligible to apply, 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!