As per Sections A25 and A25.1 of the Immigration and Refugee Protection Act (IRPA), an individual can get permanent residency status in Canada-based on Humanitarian and Compassionate grounds. The H&C act applies to Canada immigration applicants who are not eligible to become permanent residents of Canada. But the Humanitarian and Compassionate grounds apply to people with exceptional cases only.
The H&C permanent residency application is an ideal route for people who are already settled in Canada and established close ties to their community but do not have legal status in the country and cannot apply for permanent residency via other visa pathways.
Applicants under the H&C grounds must demonstrate to the courts that they have strong reasons to stay in Canada based on their family ties and establishment in the country.
An application under the H&C is evaluated based on the following factors:
- how settled the person is in Canada
- general family ties to Canada
- the best interests of any children involved, and
- What could happen to you if we do not grant the request?
- Having physical or mental health concerns
Following rules applies to the individuals applying for Canadian immigration on Humanitarian and Compassionate grounds:
- Only permanent residency can apply under the H&C requests. The immigration officials do not consider temporary residency visa applications.
- You cannot have over one humanitarian and compassionate grounds mentioned in the applications.
- The officers do not evaluate risk factors such as persecution, life risk, cruel and unusual treatment, or punishment.
- Candidates must ensure that they must not have a pending refugee claim while applying for permanent residency under humanitarian and compassionate grounds. In case of any pending application, make sure you withdraw the request before heading to the Immigration and Refugee Board of Canada (IRB).
- You could not apply for H&C grounds if the IRB rejected your application in the last 12 months. Therefore, you must maintain the “one-year bar” before submitting your application again. The bar does not apply in the following conditions:
- 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 dependants suffers from a life-threatening medical condition that cannot be treated in your home country.
While preparing your humanitarian and compassionate grounds Canada PR visa application, make sure you gather all required documents to strengthen your case and make it look genuine. Following is the list of documents you may use when applying:
- Supporting letters from your friends and family members in Canada
- Proof of employment in Canada
- Evidences to show your establishment in Canada
- Proofs that you come from a war-prone area or there is a turmoil in your home country
- Information related to your children and their education in Canada
- Medical records and bank statements
- Photos of you spending time with friends and family in Canada
Humanitarian and Compassionate ground depicts how Canada has created a flexible and supportive immigration system for everyone. The system is fair and is the strongest in the world.
To know more information, you can connect with us on 8595338595 or drop an email at [email protected]. We will provide your evaluation results and chart out the best Canada Immigration pathway for you.