Humanitarian and Compassionate Appeal
This option allows for the Canadian Immigration system to consider special cases where people would normally not qualify under an immigration program. Sometimes due to unique circumstances of a case, the situation can be given distinctive consideration and receive some exemptions based on Humanitarian and Compassion (H&C) grounds. This type of application should be treated as a last resort and tends to have limited degrees of success. Additionally, the Canadian government has introduced regulations strengthening the ability for people to take advantage of this for means other than it was intended and as such, it has made this type of application much more difficult.
To be eligible for and H&C appeal your application will be looked at on a case-by-case basis as every case is unique and will be treated as such. Some of the issues that will be assessed are as follows:
- How settled the person is in Canada.
- General family ties to Canada.
- The best interests of any children involved.
- What could happen to the applicant if the request is not granted.
The following items are noteworthy and are directly noted on the IRCC webpage:
- You may only request H&C if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. H&C requests from temporary resident applicants will not be considered.
- You cannot have more than one H&C application at the same time.
- H&C decision makers will not assess risk factors such as persecution, risk to life, cruel and unusual treatment, or punishment.
- You cannot apply for H&C if you have a pending refugee claim.
- You cannot apply for H&C if you had a negative decision from the IRB within the last 12 months.
This program is unique in that it gives considerations for those who would otherwise not be considered or eligible for permanent residence. Officers can exercise flexibility when it comes to special or unique cases that don’t fit into the immigration checkboxes. Applicants can apply and if approved, will be issued permanent residence in Canada. You will be granted all the privileges to Canadians and PRs, including universal healthcare coverage, government and tax benefits and you can travel more freely without needing a Visa to more countries.
COMMON TRAPS, PITFALLS AND MISCONCEPTIONS
While everyone’s case and circumstances are different, there are some common traps, pitfalls, and misconceptions when it comes to applying under this program. Here are some general and common ones we have experienced and encountered throughout the years:
As the applicant, it is your responsibility to prove your case and explain why you should be granted H&C consideration. You will need to show sufficient evidence as to why you will face hardships or dire circumstances if you don’t receive exemption. The officer will assess your information and the onus is on you to present believable evidence.
Each case is unique and different but some of the common factors taken into consideration are:
- Consequences or hardships for applicant if separated from family
- Ties or establishment in Canada
- Best interests for children involved
- Any special or unique circumstances with the case that require exemption
- Health and medical considerations
- Violence considerations or criminal records
- Ties or factors in their home country
- Immigration history
When applying for an H&C, dependent children must meet eligibility requirements including the lock in age. The lock in date is when the H&C file is received by IRCC, and the correct government fees must be considered.
Any applicable government fees must be paid before the processing of the H&C application. If you are applying overseas, then any fees for a PR visa must be taken care of before the H&C can be considered.
If you have a pending H&C request that is still outstanding, then you will not be able to apply for another H&C. You are only allowed one application at a time. Your file will be returned, and your fees will be returned.
OUR VALUE – HOW WE MAKE THIS EASY FOR YOU
We understand that information can be found on the Internet and there are lots of other consultants or lawyers out there, so things can certainly get confusing very quickly for you. However, our value is in our services and how can simplify a sometimes-complicated process while anticipating and proactively making this whole process easy for you, from the start to the end of your immigration journey. We will guide you and provide:
- An affordable service with an individualized payment schedule to suit any budget
- Comprehensive documents required for the process, including information and tips that can’t be found on the IRCC website
- Personalized immigration advice and solutions that are tailored to your case
- Collaboration with a licensed immigration consultant who will communicate and represent your case on your behalf
- Support and Assistance through every stage of the process, from the application to the arrival in Canada.
A: The processing times vary for each file and each case is considered unique. This will depend on the current processing measures and will be dependent on different factors.
A: Yes. H&C considerations only grant PR visas or PR status to those who would not qualify otherwise.
A: Then the file will not be examined, and it will be refused. There will be no refunds to any government fees paid.
A: It is best that you speak to a consultant who can discuss this with you in a consultation so they can get more information on your case. You can also get advice on other pathways and immigration options available.