If you’re considering applying for permanent residency in Canada but find yourself outside the usual eligibility criteria, you might be able to apply on humanitarian and compassionate (H&C) grounds. This blog will explore what H&C grounds entail, who qualifies, and address some common questions to help clarify the process.
What Are Humanitarian and Compassionate Grounds?
Humanitarian and compassionate grounds allow individuals who may not typically qualify for permanent residency to seek an exception based on their unique circumstances. Each application is assessed on a case-by-case basis, focusing on various factors:
- Settled Status in Canada: How integrated you are into Canadian society.
- Family Ties: The strength and nature of your connections to family in Canada.
- Best Interests of Children: The welfare of any children involved in your case.
- Consequences of Denial: What could happen if your request is not granted.
Who Can Apply?
To apply on H&C grounds, you must be seeking permanent resident status or a permanent resident visa abroad. Here are some critical points to consider:
- Temporary Residents: H&C requests are not accepted from individuals applying for temporary resident status.
- Single Application: You cannot submit more than one H&C application simultaneously.
- Pending Refugee Claims: If you have a pending refugee claim, you cannot apply for H&C grounds unless you withdraw your refugee claim first.
- Negative IRB Decision: If you received a negative decision from the Immigration and Refugee Board (IRB) within the last 12 months, you are subject to a “one-year bar” on applying for H&C grounds, except under specific circumstances.
Designated Foreign Nationals
Individuals who enter Canada irregularly may be classified as “designated foreign nationals.” Here’s what you need to know:
- Five-Year Suspension: If you’re designated, you must wait five years before applying for H&C grounds. This period begins from the date you become designated or receive a negative decision on your refugee claim.
- Application Suspension: If you apply for H&C grounds and later become a designated foreign national, your application will be suspended for five years.
Removal Orders
If you have a removal order against you, you may still apply to remain in Canada on H&C grounds, provided you do not fall under any of the aforementioned restrictions. Here are some key points:
- No Delay in Removal: Applying does not prevent your removal from Canada, and you must comply with the removal order’s timeline.
- No Right to Appeal: If your application is refused, you cannot appeal the decision for permanent residency based on H&C grounds. However, you can ask the Federal Court of Canada to review the decision.
Common Questions About Humanitarian and Compassionate Grounds
Q: Can I apply for H&C grounds if I have a temporary resident visa?
A: No, H&C requests are only accepted from individuals applying for permanent resident status or a permanent resident visa abroad.
Q: What if my circumstances change after I submit my application?
A: You must keep your application up to date and inform the authorities of any changes that may affect your application.
Q: Is there a guarantee that my application will be approved?
A: No, there is no guarantee of approval, and you cannot appeal a refusal. However, you may seek a review from the Federal Court of Canada.
Q: How do I know if I qualify for H&C grounds?
A: Factors like your connection to Canada, family ties, and potential risks if your application is denied will be considered. It’s advisable to consult with an immigration professional for personalized guidance.
Applying for permanent residency in Canada on humanitarian and compassionate grounds can be a complex process, but it provides a vital pathway for those in exceptional circumstances. Understanding the rules, requirements, and potential challenges is essential for navigating this process. If you believe you qualify, consider contacting us for professional advice to enhance your chances of a successful application.
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