Who qualifies for Humanitarian & Compassionate?
Humanitarian & compassionate applications are canadian PR applications that are filed from within canada . person who won’t be eligible to become PR of Canada might be eligible to apply on H&Cs grounds . They don’t have legal status in canda but have made their homes there.
If you or your known is living in canada without proper paperwork you are still eligible this option.
Individuals without legal status will be qualified for H&Cs if they have settled in canada by the virtue of:
- how settled the individual is in canada
- family ties in canada
- best interest of the children
- social ties within canada and their communities
- consequence if the request is rejected hardships you will face if you return to your home country
- volunteer work in canada
- if the person upgraded their language skills english and french
Rules for H&Cs application:-
- if an indiviual has been classified as a “designated foreign arrival ” because of the way they arrived in canada , they cannot apply under H&C until 5 years have passed
- an indiviual may only apply for H&C if they are applying for PR status in canada not temporary resudent permit
- an individual can’t have more than one H&C grounds application at the same time
- risk factor such as persecution , risk to life , cruel and unusual treatment are not assessed under it
- if an individual has a pending refugee claim they cannot apply under this if they intend to apply , they have to withdraw their refugee claim application from IRB
- one year bar ; if an individual received a negative decision from IRB in the last 12 months , they can’t apply . Exception to the bar:
- they have children under 18 who would be adversely affected if removed from canada
- an indiviual can prove that they or their dependents may suffer life threatening medical issues that can’t be catered to in their home country.
Documentary evidence:
following documents are required :
- letters from family members
- letters from friends and community members
- letters from religious or volunteer organisations
- proof of employment
- pay stubs
- education details of children within canada (if any)
- photographs of time spent in canada
- medical and bank records
If an indiviual to ordered to leave canada they can still apply for H&Cs but will have to canada on or before the date ordered as the process can continue even if the person is outside canada.
If rejected one may apply to the federal court of canada for a judicial review of the negative H&C.
