The Immigration and Refugee Protection Act allows individuals to apply for permanent residence, from within Canada itself, on humanitarian and compassionate grounds. In other words, Section 25 of the Immigration and Refugee Protection Act allows the Minister of Citizenship and Immigration to grant permanent resident status based on personal circumstances if these personal circumstances comply with the humanitarian and compassionate appeal policy.
Humanitarian and compassionate applications are assessed based on the applicant’s establishment in Canada and the degree to which the applicant would experience hardship if forced to apply from outside of Canada. You need to clearly demonstrate that leaving Canada will make you face unusual circumstances or hardship.
Success will depend on factors such as:
- Length of time present in Canada
- Family in Canada
- Children in Canada
- Work in Canada
- Establishment in Canada
- Other compelling factors
Some of the questions that are used in assessing an applicant are:
- Does the applicant have a sound and stable employment history?
- Have there been any financial issues with the applicant in the past?
- What hardship could occur if the application is refused?
- Is there any kind of support available in their home country?
- Is the applicant in a condition to work?
Unlike pending refugee claims, the existence of a pending application on humanitarian and compassionate grounds does not prevent Canada Citizenship and Immigration from deporting the applicant from Canada before his/ her application has been considered. There are no guarantees whether your application will be approved or not. If your application is refused, the best advice would be to seek help from the Federal Court, for this matter.
Applying under H&C cases is one of the most challenging experiences for any applicant. Only an experienced lawyer, who has successfully won a Humanitarian and Compassionate appeal case will be able to help you with all the documentation. Please contact us to find out whether you are eligible to apply for permanent residence in Canada under the Humanitarian and Compassionate Grounds program. You can contact us using our website forms or you can call us directly on our local or toll-free numbers.