humanitarian and compassionate

Are you eligible for a Humanitarian & Compassionate (H&C) consideration?

Canada is a haven filled with a myriad of opportunities for citizens and foreign nationals alike. No wonder, millions of foreign nationals from all over the world apply for a permanent residence permit in Canada to make their Canadian dream into a reality. Just recently, a new Statistics Canada study provides that the country expects about 40 per cent increase in naturalization rates by 2024.

Indeed, this is a great turning point for foreign nationals both living inside and outside of Canada wishing to get a permanent residence card — marking the beginning of a fresh journey in the country. Permanent residency status for immigrants means enjoying the rights and privileges granted to every Canadian citizen, except voting, running political office, and holding a Canadian passport.

If you are residing inside the Canadian territory for a while without permanent residency status, and not qualified to the common immigration programs of the Canadian Government, you might want to consider applying under the Humanitarian & Compassionate (H&C) program. If you or someone you know has been living in the country for years now and he/she wants to get a permanent residence status, it is imperative to consult an expert like the Konan Law Firm so they can guide you properly how to process your application. Keep on reading if you want to know more about the Humanitarian & Compassionate (H&C) program of the Canadian government.

How would you know if you can be covered by Canada’s Humanitarian & Compassionate (H&C) consideration?

First, let us define the H&C program. This type of immigration program typically applies to people with exceptional situations. The government assesses these applications individually or on a case-by-case basis. Some cases may be similar, but a collective assessment for these applications will not be possible because they are mostly unique cases.

There are plenty of things that the Canadian government considers before approving someone for the H&C program. Some of these are their general family ties in the country and how they are settled in. The government also prioritizes the interest of the children involved in the application. And more importantly, the government analyzes what would happen to the candidate if they did not approve the application.

Who are eligible?

The only people eligible for humanitarian and compassionate grounds are people who are applying for permanent residence visa abroad or if you are applying for permanent resident status in Canada. The Canadian government strictly does not allow to apply for permanent residence under H&C grounds those applicants, who are currently temporary residents.

But people who are currently in Canada could still apply for the program from within if they are a foreign national. However, other details on your situation would still be considered.

You are eligible if you need protection. Especially if you are at risk based on your race, religion, political stance, nationality, or being part of a social group–including women or people with specific sexual orientation. You should make sure that it doesn’t mean persecution, risk to life, cruel and unusual treatment or punishment, as this is applicable for refugee claims.

Who are not eligible?

If you fall under the Refugees and Protected Persons and is currently living in Canada, you cannot apply for H&C consideration from within the country. If you also became a designated foreign nationals in the last five years, you may not use H&C application.

You are not eligible for the H&C consideration if you received a negative decision on a refugee claim from the Refugee Protection Division or the Refugee Appeal Division of the IRB in the past year. Please note that if you are under a removal order and decide to submit an application for permanent residence based on H&C, it will not delay your removal from Canada. You must leave on the specified removal date. Your application will still continue to be processed and you will be notified of the decision in writing.

Former Canadian citizens and permanent residents who lost their status cannot also apply for H&C consideration.

You will not be able to apply for H&C from within Canada if you are eligible to apply for permanent residency under programs like caregiver or a live-in caregiver, spouses and common-law partner, temporary residency. You may use H&C if your spouse or common-law partner cannot sponsor your permanent residency.

What should you remember when applying for the H&C consideration?

The applicant should not apply for an H&C if he/she has an existing refugee claim. Make sure to be aware of some restrictions that the government applied so you would not waste your application.

There are processing fees when applying for permanent residency in Canada, and the H&C is no exception. The principal applicant may have to pay CA $550, and the same amount for dependents that are 22 years old and above, including the spouse or common-law partner. The fee for dependents that are younger than 22 years old, the processing fee would be CA $150.

If you are planning to apply for H&C consideration, it is better to consult with immigration lawyers in Canada. For instance, Konan Law Immigration Law Firm offers legal services that are focused on immigration in Canada.

The advantage of hiring a law firm when it comes to your H&C application is that you can avoid making mistakes. Remember that you cannot apply for H&C if you have an existing application, and if you get a negative review in your initial application, you would have to wait another year to apply again.

By contracting an immigration lawyer in Canada, you could explore your options and you are able to do every step right. They can assist you in collecting all the requirements needed for the application as well.

Konan Immigration Law Firm is based in Toronto, Ontario, which is one of the most progressive cities in Canada and where about 47 per cent of the population are immigrants. Apart from H&C program, the firm could also assist you when it comes to permanent and temporary residence, business immigration, and applying for Canadian citizenship. You can easily make an appointment through their website. The law firm offers free consultations as well so you can make an initial inquiry regarding your immigration application.


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