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Applying to immigrate to Canada on Humanitarian and Compassionate grounds

H&CCanada allows for special consideration for those normally not viewed as eligible for permanent resident status, to immigrate on ‘humanitarian and compassionate grounds’. We at 123Visa are experts in this area, having helped many people immigrate on the grounds of ‘Humanitarian and Compassionate’ reasons.

Applications pertaining to people with exceptional cases are reviewed and judged on factors including:
  • how well the applicant has settled in Canada
  • if there are established family ties in Canada
  • the welfare of any children involved with the case
  • consequences of being denied entry into Canada

Humanitarian and compassionate grounds – rules and restrictions

  • temporary resident applicants may not apply to enter Canada under ‘humanitarian and compassionate grounds’ which is a special consideration reserved for permanent resident visas in Canada or abroad
  • only one humanitarian and compassionate grounds application may be active at the same time
  • humanitarian and compassionate grounds do not cover persecution, a risk to life, cruel and unusual treatment or punishment that fall under the Convention refugee status requirements
  • if you have a refugee application already submitted, you may not be considered for humanitarian and compassionate grounds unless you withdraw your refugee claim prior to your hearing with the Immigration and Refugee Board of Canada
  • if you had a negative decision from the IRB within the last 12 months you may not apply for humanitarian and compassionate grounds unless the welfare of children involved in the case would be in jeopardy or access to proper healthcare is not available in your homeland for a dependent with a serious medical condition.

Designated foreign nationals

If you have an ‘irregular arrival’ in Canada and have been classified as a designated foreign national, you may not apply for humanitarian and compassionate grounds until five years have after:
  • the day you were classified as a designated foreign national
  • you received a final negative decision on your refugee claim from the IRB
  • you received a negative decision regarding your Pre-Removal Risk Assessment

Your application for ‘humanitarian and compassionate grounds’ will be suspended if you become a designated foreign national for five years after the date you received your designation or received a negative decision from the IRB or negative Pre-Removal Risk Assessment.

Removal orders

You may be allowed to apply for humanitarian and compassionate grounds if you have a removal order issued by Canada (if none of the previously mentioned restrictions exists). Applying for humanitarian and compassionate grounds doesn’t mean the removal order is not still in place, but your application may still be processed even if you have to leave Canada. You must keep the information on your application up to date during this time.

The Immigration and Refugee Protection Act (S.C. 2001, c. 27) under Humanitarian and Compassionate considerations states:

“65 In an appeal under subsection 63(1) or (2) respecting an application based on membership in the family class, the Immigration Appeal Division may not consider humanitarian and compassionate considerations unless it has decided that the foreign national is a member of the family class and that their sponsor is a sponsor within the meaning of the regulations.”

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