Humanitarian and Compassionate Applications
Immigration Legislation has a provision to protect individuals for Humanitarian and Compassionate grounds. This is a very important provision in the Act. This allows individuals to apply for Permanent Residence who otherwise may not be eligible.
The legal test sets out specifically that applicants must clearly demonstrate that they would experience unusual and undeserved or disproportionate hardship if they were required to leave Canada.
The application will be assessed on the information the applicant provides and a decision will be made based on the applicant’s personal circumstances and whether these particular circumstances merit H&C consideration. Applications to become a permanent resident on H&C grounds are approved only in exceptional circumstances. It can take many years to process an application.
There is no guarantee that your application will be approved. If refused, in certain cases asking the Federal Court of Canada to review the decision is advisable. Many in-land H&C applications are based on a significant degree on economic and cultural establishment in Canada.
Factors that will be considered:
- Does the applicant have a history of stable employment?
- Is there a pattern of sound financial management?
- Has the applicant integrated into the community through community organizations, volunteer or other activities
- What hardship would occur if the application for a visa exemption were refused:
- the level of inter-dependency, support available in the home country
- whether the applicant is able to work
- is there a significant degree of establishment
Immigration Legislation also cites a statutory obligation to take into consideration the best interests of the child when examining and deciding the circumstances of a foreign national making a H&C Application. This is one of the strongest factors that can be argued under H&C applications.
For more information on H&C or preparing an application,contact us today!