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Humanitarian and Compassionate Considerations
If you are unable to meet the requirements to become a permanent resident of Canada through traditional methods, you may have the ability to apply for residency on humanitarian and compassionate grounds (H&C) under A25 and A25.1 of the IRPA.
This option is available to individuals that can demonstrate that they have an exceptional case for seeking Canadian Residency. While each of these cases are looked individually, the onus is on the applicant to prove the hardships that they would face if not granted residency.
Factors that are considered in these cases include:
- Balance between discretion and consistency
- Onus on applicant
- Threshold of proof
- Requirement to apply for permanent residence from outside Canada
- Hardship and the H&C assessment
- Inadmissibility
- Best interests of the child
- Former Canadian citizens
- De facto family members
- Ministerial Instructions and H&C
- Dealing with family relationships
- Establishment in Canada: in-Canada applications
- Ability to establish in Canada: overseas applications
- Reconsideration of a negative decision
- Statelessness
Stipulations for Applying for Permanent Resident Status on Humanitarian and Compassionate Considerations
There are certain stipulations that the Immigration Refugees and Citizenship Canada have in place and consider when you are applying for permanent residency on H&C. These factors include the following:
- You may only apply for H&C when applying for Canadian permanency residency status, or for a permanent resident visa abroad.
- Only one application can be active at any given time.
- Risk factors including persecution, cruel and unusual punishment, risks to life or punishment are void from consideration when assessing an H&C application.
- Those with pending refugee claims cannot file an H&C application for consideration. The refugee claim must be withdrawn before any Immigration and Refugee Board of Canada (IRB) hearing.
- Refugee applicants that have received a negative decision from the IRB have a one-year bar period from the date of decision on their applicaton. You are included in this category if the IRB considers your refugee claim to be abandoned or withdrawn. The one-year bar period does not apply to the following individuals.
- Individuals that have minor children under the age of 18 who would be negatively affected should the parent or guardian be removed from Canada.
- Applicants that can provide proof that themselves or dependents suffer from a life-threatening medical condition that is untreatable in their home country.
Onkar Immigration will help you learn more about the regulations and stipulations that are in place regarding your ability to apply for H&C. We understand the complex nature of this type of application, and it’s our goal to get to work for you right away.
Contact us today to ensure your case is processed correctly following all the criteria set out in IRPA. If you have any questions about H&C, call us today at +1(780)716-6106.
