Live Permanently in Canada: Humanitarian and Compassionate Applications

If you do not have legal status in Canada, and you have been living in the country for a few years, you may be able to apply for Canadian permanent residence.  You will be required to satisfy immigration officers that you have established yourself in Canada.  When you prepare your Humanitarian and Compassionate Application or ( “H & Cs”), it is crucial to write a very strong submission letter and collect persuasive supporting documentation to support your Humanitarian and Compassionate Application.

Thus, if you qualify for this method of immigration, then your chances for success are greatly increased when you get professional assistance from an immigration lawyer who will know exactly how to prepare your application for an immigration officer’s approval.  At Niren & Associates, our attorneys will determine what your unique case needs, and we will fill out and submit your application package properly.

Contact our Edmonton immigration law office to find out about your H and Cs options

You’ve supplied help and support right from the start of the procedure to the end. I could not have done it without your assistance. Many thanks for addressing my last minute phone calls and all counsel that you’ve given me on my application, which finally resulted in my success on the H and C application by conquering all the obstacles. – August C.

Determine Your Eligibility for Humanitarian and Compassionate Applications

To apply for the H and Cs, you need to have no legal status in Canada but an established presence in Canada.  For example, you may need one or some of the following:

  • Family ties to Canada who are Canadian Permanent Residents or Canadian Citizens
  • Employment in Canada (perhaps without a valid Canadian work permit)
  • Education in Canada (perhaps without a valid Canadian study permit)
  • Volunteer work in Canada
  • Upgrade of English skills
  • Savings and property in Canada
  • Social ties to Canada in your community

The general profile of a good candidate for an H and C application would be someone who has resided in Canada for a few years who has some of the factors listed above. Often, such applicants do not qualify for other Canadian permanent residence categories such as the Skilled Worker category where applicants are assessed on their English skills or education or work experience.

A typical applicant may be a laborer with little education but has managed to support him or herself in Canada.

How H and C Cases Differ From Refugee Cases

A major component of H and C cases is an assessment of the undue hardship that the applicant may suffer should they be required to return to their home country by Canada Immigration. It is important to explore an applicant’s background in terms of the social, economic or personal hardship they or their family would be subject to in their home country. The applicant for Humanitarian and Compassionate cases does not have to be subject to persecution, which makes them different from refugee cases.

However, without showing hardship, it may be difficult to succeed in your application for Canadian Permanent Residence under the Humanitarian and Compassionate Category.  Niren & Associates will determine if you are eligible for the Humanitarian and Compassionate Application, and then will work to present your case correctly.

What Happens After Filling Out Your H and C Application

Once the application package is complete and the government processing fee  is collected, the application must be submitted to the Case Processing Centre (CPC)  for processing.   Applications can take around 18-24 months to process but sometimes longer depending on the case.

During the application process, the applicant remains in Canada to await a decision. It is not recommended that the applicant travel outside of Canada during the H and C process. Their file will be transferred from CPC Vegreville to their local CIC office for further processing. An interview may be required as well as a request for additional documentation.  Interviews will be conducted at their local CIC office.

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What To Do With the Results of Your H and C Application

If the Humanitarian and Compassionate Application is approved, the applicant will be asked to undergo Immigration medical exams and obtain police clearances. Once the medicals and police clearances are passed, the applicant will be called in to pick up their Canadian Permanent Residence Card (PR Card).

If the H and C application is refused, then the applicant can appeal the negative decision by Canada Immigration to the Federal Court of Canada within 15 days of the refusal.

Your Humanitarian and Compassionate Application Package Will Be Properly Prepared by Our Edmonton Immigration Office

The completion of application forms and proper supporting documentation are necessary for a good H and C application.   The application package needs to have a very detailed submission letter which outlines all the applicant’s H and C factors and explains why the immigration officer assessing the case should approve the application. Since the immigration officer assessing the case has the discretion to refuse or approve the case based on their own assessment of the merits of the case, it is crucial that you enlist the help our a professional attorney with experience in immigration law.

Our licensed immigration lawyers have extensive experience preparing Humanitarian and Compassionate Applications.  Instead of attempting the whole process yourself, use the services we provide, and you’ll have a much better chance at success.

Contact our Edmonton immigration office today for help with your H and C Application