Humanitarian Compassionate Applications Immigration Law - 780.432.7000
What is H & C and who can apply?
People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate (H&C) grounds.
H&C grounds apply to people with exceptional cases. Applications to become a permanent resident based on H&C grounds are assessed on a case-by-case basis. Factors that are looked at include:
Recent changes to Canada’s immigration law have limited who may apply on H&C grounds, and what factors may be taken into account.
Removal Orders
If you have an order to leave Canada (this is called a removal order), you may be able to apply to stay in Canada on H&C grounds, unless any of the above restrictions apply to you.
If you apply, this will not prevent or delay your removal from Canada—you must leave on or before the date stated on your removal order. Your application will still be processed even if you have to leave Canada. Citizenship and Immigration Canada will notify you in writing about the decision on your case.
There is no guarantee that your application will be approved. There is no right to appeal a refused application for permanent residence on H&C grounds. In some cases, however, you can ask the Federal Court of Canada to review the decision.
IMMIGRATION LAWYER EDMONTON ALBERTA
In all cases it is advisable to be represented by an immigration lawyer because immigration matters can be extremely complicated. Ranbir S. Thind has extensive experience representing clients in all areas of immigration law including H & C Applications. We invite you to phone us at 780.432.7000 or email: [email protected] to discuss the circumstances of your case with a qualified & experienced Immigration lawyer.
We accept Visa, MasterCard and Debit Cards
People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate (H&C) grounds.
H&C grounds apply to people with exceptional cases. Applications to become a permanent resident based on H&C grounds are assessed on a case-by-case basis. Factors that are looked at include:
- how settled the person is in Canada,
- general family ties to Canada,
- the best interests of any children involved, and
- what could happen to the applicant if the request is not granted.
Recent changes to Canada’s immigration law have limited who may apply on H&C grounds, and what factors may be taken into account.
- You may only request H&C if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. H&C requests from temporary resident applicants will not be considered.
- You cannot have more than one H&C application at the same time.
- H&C decision makers will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment. (This does not apply if you applied prior to June 29, 2010.)
- You cannot apply for H&C if you have a pending refugee claim. To do so, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing (i.e., before substantive evidence has been heard). (This does not apply to people with pending refugee claims who applied on H&C grounds before June 28, 2012.)
- You cannot apply for H&C if you had a negative decision from the IRB within the last 12 months. If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision. This is called the “one year bar.” The 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 dependents suffering from a life-threatening medical condition that cannot be treated in your home country.
Removal Orders
If you have an order to leave Canada (this is called a removal order), you may be able to apply to stay in Canada on H&C grounds, unless any of the above restrictions apply to you.
If you apply, this will not prevent or delay your removal from Canada—you must leave on or before the date stated on your removal order. Your application will still be processed even if you have to leave Canada. Citizenship and Immigration Canada will notify you in writing about the decision on your case.
There is no guarantee that your application will be approved. There is no right to appeal a refused application for permanent residence on H&C grounds. In some cases, however, you can ask the Federal Court of Canada to review the decision.
IMMIGRATION LAWYER EDMONTON ALBERTA
In all cases it is advisable to be represented by an immigration lawyer because immigration matters can be extremely complicated. Ranbir S. Thind has extensive experience representing clients in all areas of immigration law including H & C Applications. We invite you to phone us at 780.432.7000 or email: [email protected] to discuss the circumstances of your case with a qualified & experienced Immigration lawyer.
We accept Visa, MasterCard and Debit Cards
