H&C PR applications (Humanitarian and Compassionate PR)

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.

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Individuals who find themselves in Canada without status who have been living in Canada for at least 3 years may be good candidates to apply for PR through H&C.

 

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.

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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.

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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. 

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Factors that will be considered:

 

• Does the applicant have a history of stable employment?

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• Is there a pattern of sound financial management?

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• Has the applicant integrated into the community through community organizations, volunteer or other activities

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• 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

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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. 

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Need Help?

 

For more information on H&C or preparing an application, contact us today!