Canadian Permanent Residency under Humanitarian and compassionate consideration

Humanitarian and Compassionate application in Canada is a pathway for staying in Canada rather than an alternative to gaining permanent residency in Canada. Humanitarian and Compassionate grounds are a means for residing in Canada under special circumstances; there is also an Immigration and Refugee protection act that grants citizenship & Immigration Canada the right to give permanent residency in regard to Humanitarian and compassionate reasons.

 There are many factors that might increase your eligibility, including Work experience in Canada for many years, children going to Canadian schools, having residing family members in Canada, or being a member of a religious organization.

How to find out your eligibility for Humanitarian & Compassionate immigration in Canada?

To be considered eligible for Humanitarian & Compassionate immigration, you should consider the following:

  1. The applicant’s settlement period in Canada and his connection to the community, family, and education will also be taken into consideration.
  2.  In case the applicant returns to his home country, the obstacles he/she may face will be taken into consideration, such as War events and fear of oppression.
  3. The Physical and Psychological effects on the applicant’s children will be taken into consideration in the assessment made by the IRPA immigration officers in case they were to be deported to their home country.
  4. The lack of medical treatment in the applicant country.
  5. The applicant might have a divided family.
  6. The problems the applicant may face in case of rejection of his application.
  7. Other exceptional conditions.

Support your Humanitarian and Compassionate Application by submitting these documents

The government may ask you to provide proof to support your claims; the documents might include the following:

  • A letter from a family member that shows the strength of the relationships and how hard it will be if the applicant left.
  • A letter from a friend or a community member that highlights the important social roles played by the applicant, such as voluntary work and special connections with the community.
  • A letter from a current employer that describes the nature of your work and proof of monthly salary.
  • An important thing to be considered: All submitted letters must be handwritten, marked with the date, and signed by the writer as well as illustrating the nature of the relationship with the applicant.
  • If the applicant has a child, the child can write a letter illustrating the reason why he/she would like to reside in Canada, or the applicant can submit documents describing the child has ongoing education in Canada (Teacher’s and friend’s letters from school, certificates of joining school activities).
  • Pictures of the applicant residing period in Canada with family and friends.

The applicants who are not eligible for Humanitarian & Compassionate immigration in Canada?

Factors that demonstrate that the applicant is not eligible:

  1. The applicant lives as a temporary resident in Canada.
  2. The applicant has a pending Refugee Claim.
  3. Applicants whose admission was rejected by the Immigration Review Board can re-apply after 12 months.
  4. In case an applicant was deprived of entering Canada, they can only re-apply before 12 months, in case he has children under 18 affected by the decision.
  5. The applicant may have the ability to apply again in case they have an urgently needed medical treatment that does not exist in their homeland.
  6. If the applicant was labelled as “Foreign Entry,” he can re-apply after 5 years.

How can I apply for Humanitarian and Compassionate immigration in Canada?

For People living in Canada who have the desire to apply for Humanitarian and Compassionate immigration in Canada, they must fill out a 2-form application:

  1. The General Candia Immigration application (IMM 0008).
  2. Humanitarian and Compassionate grounds exemption application (IMM 5283).

 People living outside Canada can apply by filling out:

  1. An application for one Immigration class out of these three (Family Class, Economic Class, or Refugee Program) with attachments that illustrate the reasons they are applying for Humanitarian and Compassionate immigration in Canada.

The applicant can apply for Canadian PR if his/her Humanitarian and Compassionate application is approved, and this guarantees the applicant’s residency in Canada.

In case the applicant applied under the following sponsorship programs, he/she is ineligible for PR:

  • Spouse Sponsorship.
  • Common-Law Sponsorship.
  • Live-in Caregiver Program.
  • Protected Person.

Designated Foreign Nationals

In case the applicant entered Canada illegally, he/she is deprived of applying for Humanitarian and Compassionate Ground for the next 5 years. Before being considered as Foreign National, if the applicant has applied, their application will be postponed for the next 5 years as well.