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:

       mapple_leaves Balance between discretion and consistency

       mapple_leaves Onus on applicant

       mapple_leaves Threshold of proof

       mapple_leaves Requirement to apply for permanent residence from outside Canada

       mapple_leaves Hardship and the H&C assessment

       mapple_leaves Inadmissibility

       mapple_leaves Best interests of the child

       mapple_leaves Former Canadian citizens

       mapple_leaves De facto family members

       mapple_leaves Ministerial Instructions and H&C

       mapple_leaves Dealing with family relationships

       mapple_leaves Establishment in Canada: in-Canada applications

       mapple_leaves Ability to establish in Canada: overseas applications

       mapple_leaves Reconsideration of a negative decision

       mapple_leaves 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:

      mapple_leaves You may only apply for H&C when applying for Canadian permanency residency status, or for a permanent resident visa abroad.

      mapple_leaves Only one application can be active at any given time.

      mapple_leaves Risk factors including persecution, cruel and unusual punishment, risks to life or punishment are void from consideration when assessing an H&C application.

      mapple_leaves 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 The refugee claim must be withdrawn before any Immigration and Refugee Board of Canada (IRB) hearing.

      mapple_leaves 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.

      mapple_leaves Individuals that have minor children under the age of 18 who would be negatively affected should the parent or guardian be removed from Canada.

      mapple_leaves 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.

 

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