Humanitarian and Compassionate

In the Canadian immigration context, Humanitarian and Compassionate (H&C) grounds refer to a provision that allows certain individuals who are not eligible to apply for permanent residence through regular immigration streams to seek special consideration based on humanitarian and compassionate factors.

Here are key points related to Humanitarian and Compassionate grounds in Canadian immigration:

Purpose:

  1. Exceptional Circumstances:
    • The H&C grounds are intended for individuals who are facing exceptional circumstances, hardships, or unusual and deserving situations that may warrant special consideration.

Eligibility:

  1. Not Covered by Other Immigration Streams:
    • Individuals who are not eligible under other immigration programs or streams may consider applying on H&C grounds.
  2. Risk or Hardship:
    • Applicants must demonstrate that returning to their home country would cause them significant risk or hardship.

Factors Considered:

  1. Best Interests of a Child:
    • Consideration is given to the best interests of any child directly affected by the application.
  2. Establishment in Canada:
    • Factors such as the length of time spent in Canada, community ties, and establishment may be considered.
  3. Contribution to Community:
    • The applicant’s contribution to the community, including employment, volunteer work, or other activities, may be taken into account.

Process:

  1. Application Submission:
    • Applicants must submit an application for permanent residence on H&C grounds to Immigration, Refugees, and Citizenship Canada (IRCC).
  2. Documentation:
    • Comprehensive documentation is necessary to support the claim for special consideration.
  3. Decision by IRCC:
    • IRCC reviews the application and assesses the humanitarian and compassionate factors presented.

Consideration for Temporary Status:

  1. Bridge to Permanent Residence:
    • In certain cases, applicants may be eligible for temporary resident status while their H&C application is being processed.

Professional Advice:

  1. Consultation with Immigration Professionals:
    • Given the complexity of H&C applications, individuals are strongly encouraged to seek legal advice or consult with immigration professionals for guidance.

Limitations:

  1. Not a Guarantee:
    • Approval on H&C grounds is not guaranteed, and each case is assessed on its individual merits.

Recent Changes:

  1. Policy Updates:
    • Policies related to H&C applications can change, and it is important to stay updated with the latest information from IRCC.

Applying on Humanitarian and Compassionate grounds is a discretionary process, and successful cases are often based on compelling evidence and a strong legal argument. Individuals considering this option should carefully review the eligibility criteria and seek professional advice tailored to their specific circumstances.

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