Applying for Canadian Residency on Humanitarian and Compassionate Grounds
Applying for residency in Canada is a complex process that requires proper documentation and adherence to the rules. Not everyone will be qualified to become a permanent resident. However, there are some who otherwise would be denied residency that may be approved on humanitarian and compassionate grounds. Below, Oracle Legal Services explains what this means in further detail.
What Are Humanitarian and Compassionate Grounds?
Humanitarian and compassionate grounds (H&C) are reviewed according to each case. Not everyone will be considered, and the circumstances surrounding the application must be exceptional. Some aspects of the application that will be considered are:
- A person’s family ties in the country
- The interest of any minors involved in the case
- How integrated the applicant is in the country
- The repercussions of denying the application
In addition to the above factors, there are a few other rules for applications based on humanitarian and compassionate grounds.
What Are the Rules for Application?
An applicant is only allowed to apply on H&C for a permanent resident visa abroad or permanent residence in Canada. Under no circumstances are temporary residents allowed to apply on humanitarian and compassionate grounds.
Any application that currently has a pending refugee claim is ineligible to apply on humanitarian and compassionate grounds. If your claim has not been before the Refugee Board of Canada board, you can withdraw your claim ahead of the hearing. Following the withdrawal, you may apply on humanitarian and compassionate grounds.
A person may only have one application for humanitarian and compassionate grounds at any given time. Other risk factors such as risk to life, persecution, and cruel and unusual punishment will not be taken into consideration. Those who have received a denial or other negative decision from the IRB within the previous 12 months are barred from using humanitarian and compassionate grounds to apply.
The general IRB one-year bar is not applicable to those with minor children in Canada. In addition, if you have a dependant or if you yourself suffer from a life-threatening condition that can’t be treated in your originating country, the ban will not apply.
Designated Foreign Nationals
Anyone who attempts to enter the country illegally is labeled as an irregular arrival. As such, there are additional restrictions that apply to their case. Anyone who has been tagged as irregular will have the classification of designated foreign national. You will be informed in writing by the Minister of Public Safety if this designation applies to you. For those with this designation, you may not apply for H&C for a term of five years following the date you were classified as a designated foreign national. You must also wait a period of five years following a final denial of your refugee claim and negative Pre-Removal Risk Assessment decision.
For those who applied for H & C and were later given the title of designated foreign national, your application will be suspended for five years.
H&C and Removal Orders
Those who have an order to leave Canada, specifically a removal order, may still apply on humanitarian and compassionate grounds. However, if any of the restriction mentioned above, you will not be eligible. Applying does not stop a removal order and applicants must adhere to their order on the date listed. The application will still be processed, and a decision letter will be mailed to your home country address provided. Approval is not guaranteed, and no right to appeal exists for H&C applications. Depending on the particulars of your case, you may request the Federal Court of Canada to review your denial.
It is important to keep all the information in your application up to date. Inform the office as soon as possible if changes are needed, especially if that information may affect the outcome of the application. If you have any additional questions, our Toronto paralegal would be more than happy to assist you. Contact Oracle Legal Services today at (647) 872-3484.