Humanitarian and Compassionate Considerations for Permanent Residence in Canada

by | Apr 11, 2024

Not everyone hoping to make Canada their permanent home is lucky enough to have the skills to qualify for Express Entry

 

Applying for permanent resident status based on Humanitarian and Compassionate (H&C) Considerations is an option for non-Canadians facing exceptional circumstances. This application is reserved for people already living in Canada who have no other pathway for legal immigration. It is usually considered as a last resort.

 

The officers at Immigration, Refugees and Citizenship Canada (IRCC) who oversee these cases rarely allow applicants to plead their case in-person. This makes the substance of your online application so crucial. 

 

Who Can Apply for Humanitarian & Compassionate Considerations? 

Although you may have arrived in Canada with a visitor or student visa, options for extending your stay may be limited once it expires. Although there are many ways to apply for a permanent residence visa, not everyone will qualify. 

 

One example might be a person who arrived in the country and had to take care of a sick or aging family member.

 

A Humanitarian & Compassionate Application is designated for people already living in Canada who do not wish to return to their country of origin. In many cases, doing so would result in an unusual hardship for them. 

 

One possible reason may be that a return to their country of origin could pose a potential risk to their safety. Another reason may be that the applicant has a young child already acclimated to Canadian culture. A return to the parent’s country of origin could jeopardize the wellbeing of the child.

 

Canada views the protection of children as a top priority. If you are a parent, your child’s age, history, primary caregiver, and residency status will all factor into the government’s assessment of your case. 

caregiver helping senior

What Other Factors Are Considered?

 

Officers reviewing your application will want to see how you’ve contributed to Canadian society. A strong application outlines the skills you’ve learned while in the country, how you’ve earned a living, and any community groups you may have joined (churches, volunteer experience, etc.).

 

Applicants should also discuss any family ties or blood relatives who live in Canada on a permanent basis. The stronger your connection to Canada, the more convincing your application will be. 

 

Ultimately, government officials will want to know the hardships you face by not having legal Canadian status. They will also want to know the conditions you could be subjected to if you were forced to return to your country of origin. 

 

If the information you provide doesn’t make sense or is lacking in compelling content, the government officer has the authority to reject your application. With an average wait time of 2 to 3 years, it’s important to ensure every detail is handled correctly. Keep in mind, it is possible to be deported even when the application is still being considered. 

 

Who Is Not Eligible? 

 

People who qualify for immigration through other applications (including Spousal Sponsorship, the Live-in Caregiver Program, Protected Person status, or anyone already with a temporary resident permit) are disqualified from using Humanitarian & Compassionate grounds to justify their stay. 

 

Applicants with criminal records, severe health conditions, or those who misrepresented themselves in the past may also be inadmissible. There are other conditions that will automatically disqualify candidates. 

 

Contact Volte Immigration for Guidance

 

If you’re a foreign national hoping to remain in Canada, you need to make the strongest case to convince the government to let you stay. It’s wise to seek the guidance of an experienced immigration consultant who is familiar with all the rules. 

 

Volte Intercontinental Visa and Immigration provides a FREE no-obligation assessment to determine your eligibility. This is the crucial starting point for anyone seeking a clear path to Canadian permanent resident status.

 

Do you have further questions about making Canada your home? Volte Intercontinental Visa and Immigration, Inc. is ready to help.