Individuals in Canada who could potentially face extreme hardship in their home country if they had to return home may be eligible to apply for permanent residence on humanitarian and compassionate (H&C) grounds.
An immigration officer may, based on humanitarian and compassionate grounds, waive nearly any law under section 25 of the Immigration and Refugee Protection Act. An applicant must show they would suffer significant (unusual and undeserved, or disproportionate) hardship if required to leave Canada and return home.
Applying for Canadian Immigration via H & C Grounds
Applicants who apply on humanitarian and compassionate grounds can request the immigration authorities to waive the usual requirement to apply through one of the standard Canadian immigration categories for permanent residence.
Individuals who are illegally present in Canada and are inadmissible to Canada for various reasons can request humanitarian admission through an application on humanitarian grounds.
Persons who have been living illegally for years in the country can now ask for permanent residency on humanitarian grounds. If it has been more than a year since their case was decided, or if a child is at risk, failed refugees may also make a humanitarian application.
Applicants who are otherwise eligible but ineligible for permanent residency because of criminal records or other legal barriers may also apply for residence on humanitarian and compassionate grounds if the circumstances warrant it.
Applicants within the H&C community can also include undeclared family members who otherwise would not qualify for family sponsorship.
How are these Canadian immigration applications decided?
To determine whether to grant a humanitarian visa application, immigration officials usually consider the following factors and this list is non- exhaustive:
If the applicant could not have controlled the circumstances that led them to remain in Canada
Applicants' country of origin has adverse conditions
The length of time the applicant has been in Canada
Duration of residence in one Canadian community
Current relationship with relatives in Canada, along with current immigration/citizenship status of those relatives
Does the family have the option of living in another country together
Taking into account all family members' particular circumstances
Dependence of the family members on the applicant financially
Sound financial management and stable employment history of the applicant
If the applicant has participated in community organizations or other activities to integrate into the community
The applicant and his family members' civil history in Canada
Applications and associated fees must be completed correctly, and this is where often, the immigration process becomes confusing, or troublesome for some.
Mississauga Immigration Lawyer
The preparation of H&C applications may be one of the most challenging tasks that a person or family faces on their journey to becoming Canadians. Minhas Lawyers can help Call us today for more information regarding H&C applications.
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