Humanitarian & Compassionate Consideration H&C Processing of In Canada Applications


How In-Canada Applications are Processed with H&C Consideration

There are many individuals in Canada that are either with or without status that do not fit into any of the classes for immigration to Canada. If this is the case, then these individuals could apply for Humanitarian and Compassionate consideration. When assessing humanitarian and compassionate consideration cases in-Canada, the application is processed in two stages. In order to better understand how the process is accomplished, I will address how in-Canada applications are processed, specifically in its two stages and the implications

The Application Process for In-Canada Applications for H&C

The application process for any immigration application can be overwhelming and nerve-racking to say the least. However, in this article, I will explain how the in-Canada applications for H&C consideration are processed. I will be specifically talking with regards to positive assessments of both stage one and stage two of the application process. Of course, these two steps are only available once it has been determined that the applicant is eligible to have their H&C application assessed. The first stage is referred to as a humanitarian and compassionate assessment of the requested exemptions, whereas the second stage is referred to as the final decision for a permanent residency application. Below, I will explain each step in detail.

Positive Assessment of Stage One

Stage one will most likely be the most relieving for many individuals waiting for potentially over a year to hear a response on their application for humanitarian and compassionate consideration. If and when the positive assessment is made on stage one of the application process, it is important to note that it is for the current application only. The positive assessment of stage one is also referred to as the approval in principle.

The stage one of the application process allows the applicant to:

  • Be exempt from the in-Canada eligibility criteria based on humanitarian and compassionate considerations which help facilitate the process of the application for permanent residency from within Canada
  • Be exempt from the requirement to meet any criteria or obligations of the Act or Regulations from which they have been permitted an exemption by a delegated authority
  • Allows them to become a permanent resident, subject to certain requirements, so long as the requirements were not waived in the stage one assessment
  • Stay if they are on removal and allows them to apply for a work permit and/or a study permit, if they desire

Once the stage one is positively assessed, the applicant will receive the approval in principle letter which will inform them that an exemption has been granted and that they and any of their dependents must still meet admissibility requirements, which have not been granted an exemption. If the applicant and any of their dependents do not meet the admissibility requirements, then the application for permanent residency in stage two can be refused.

Positive Assessment of Stage Two

At this point in the application process, the statutory requirements would have been received. Additionally, if no inadmissibility, for which the applicant would not have been granted an exemption, is determined, then the application would proceed to be finalized. Once this can been accomplished, the applicant can proceed to pay the Right of Permanent Residence Fee (RPRF). All humanitarian and compassionate consideration applicants must pay this fee in order to proceed to obtain permanent residency in Canada. However, there are exceptions, which are if the principal applicant is a dependent child of a Canadian citizen or a permanent resident of Canada or if they are a dependent child of an H&C principal applicant, who is currently in Canada. Once the RPRF is paid, then the applicant will receive a confirmation of permanent residence for themselves and any other accompanying family members included on their application.

One of the most important parts about stage two is the final examination interview. At the interview, the applicant will need to verify the following:

  • Ensure their passport is valid and not expired
  • Their identity documents
  • Ensure their family members have been examined
  • Ensure that neither the applicant nor any other family members will need social assistance
  • Answer any questions pertaining to criminality and war crimes
  • Answer any other statutory questions
  • Sign and date the form

If you successfully provide all of the aforementioned details to the Immigration officer, you will be well on your way to receiving your permanent residency in Canada. However, there may be a circumstance where you cannot attend the interview. If this is the case, then the Immigration officer will attempt to contact you to reschedule an interview. However, if, when they try to contact you, the address is incorrect, they will try their best to find the correct address for you. It is important to note that they may not close any application unless the applicant formally withdraws from it. Therefore, if you need to reschedule an interview or cannot attend an interview, it is best to communicate this to the Immigration officer to avoid any delays or complications.

Contact Akrami & Associates

If you would like to apply for permanent residency in Canada with humanitarian and compassionate consideration, Akrami & Associates can definitely help you with this process. Applying for an H&C consideration application 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 in Canada through humanitarian and compassionate consideration. If you believe that you might be eligible, 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!