Humanitarian and Compassionate Considerations

If you are unable to meet the eligibility requirements to become a permanent resident of Canada through traditional methods, you may have the ability to apply for residency on humanitarian and compassionate grounds (H&C).

This option is available to individuals that can demonstrate that they have an exceptional case for seeking Canadian residency. While each of these cases is looked at individually, applicants must prove certain factors to be considered for permanent residency based on H&C grounds.

Factors that are considered in these cases include:

• General family ties you may have in Canada
• Life and settlement that you can demonstrate in Canada
• Interests and well-being of any minor children involved in your case
• Other factors that prevent you from leaving Canada

Canadian Immigration Group can provide you with the answers you need for any questions or concerns regarding H&C.

Our friendly and helpful staff will provide the guidance you need. You can contact us online today, or by phone at (780) 444-2844 or toll-free at (855) 944-2844.

Stipulations for Applying for Permanent Resident Status on Humanitarian and Compassionate Considerations

There are certain stipulations that the Immigration Refugees and Citizenship Canada have in place and consider when you are applying for permanent residency on H&C. These factors include the following:

• You may only apply for H&C when applying for Canadian permanency residency status, or for a permanent resident visa abroad
• Only one application can be active at any given time
• Risk factors including persecution, cruel and unusual punishment, risks to life or punishment are void from consideration when assessing an H&C application
• Those with pending refugee claims cannot file an H&C application for consideration. The refugee claim must be withdrawn before any Immigration and Refugee Board of Canada (IRB) hearing
• Refugee applicants that have received a negative decision from the IRB have a one-year bar period from the date of decision on their applicaton. You are included in this category if the IRB considers your refugee claim to be abandoned or withdrawn. The one-year bar period does not apply to the following individuals
  • Individuals that have minor children under the age of 18 who would be negatively affected should the parent or guardian be removed from Canada
  • Applicants that can provide proof that themselves or dependents suffer from a life-threatening medical condition that is untreatable in their home country

Canadian Immigration Group will help you learn more about the regulations and stipulations that are in place regarding your ability to apply for H&C. We understand the complex nature of this type of application, and it’s our goal to get to work for you right away.

Required Documents for Proof of Humanitarian and Compassionate Grounds Claims

When filing an H&C claim, there are certain documents that Immigration Refugees and Citizenship Canada requires you to provide. These documents are used for the following purposes:

• Provide proof of your identity
• Show you have established a life in Canada
• Prove that it would difficult for you to return to your home country

To prove your identity, Citizenship and Immigration Canada views the following types of documents as being acceptable:

• Passport or national ID card
• Birth certificate
• Marriage certificate
• Credit cards
• Driver’s license
• Work ID
• School records, diplomas, school transcripts
• Bills that are in your name
• Personal will
• Property deeds

To prove your establishment in Canada, various documents should accompany your application.

Documents for this purpose include but are not limited to: 

• Letters from friends and family to Citizenship and Immigration Canada that the impact your Canadian residency has on their lives. The letters must include the author’s full name and signature, date in which it was written, their relationship to you, and why they feel you should remain in the country
• Photographs of you spending time with family and friends while in Canada
• Letters stating your care for a senior that would be impacted should you leave the country
• Provide proof of the negative impact your leaving Canada would have on family members that are vulnerable such as children or elderly persons
• Psychology reports showing the negative impact your leaving would have on yourself or others
• Community participation reports from schools, organizations, churches, or other such groups

When you work in Canada, certain documents are especially important when filing an H&C claim. These documents provide proof of your ability to financially support yourself and your family.

Acceptable documents for this purpose include:

• Letter from an employer that states your job title, work responsibilities, duration of your employment, earnings, and good standing reporting
• Pay stubs
• Letters from co-workers
• Employment tax forms

If you studied in Canada before filing your H&C application, you should be able to provide documentation including:

• Copies of enrollment slips
• letters from teachers or administrators
• Proof of the length of time you have been studying during the time you have lived in Canada
• Good student standings

Canadian Immigration Group will ensure your case is first bonafide, and second, processed correctly.  If you have any questions about H&C, please contact us today.