Humanitarian and Compassionate Application
Do you have significant considerations to grant you Permanent Residence in Canada? You may apply for Permanent Residence under the Humanitarian and Compassionate Application.
We usually refer to this application as the application of last resort. When you have no other options available to you for immigration, but you have significant humanitarian and compassionate considerations that the Immigration, Refugee, Citizenship Canada (“IRCC”), you should consider applying.
- how settled the person is in Canada
- general family binds to Canada
- the best interests of any children included, and
- could transpire if we fail to grant the request.
Other conditions that apply to humanitarian and compassionate grounds:
- You can only have one application processing at a time.
- The IRCC will not assess risk factors, for example, oppression, hazard to life, unfeeling and uncommon treatment or punishment.
- You cannot apply for humanitarian and compassionate grounds if you are having a pending refugee claim.
- You can’t apply for humanitarian and compassionate grounds if you had a negative decision from the Immigration Refugee Board within the last one year in most circumstances.
Designated foreign nationals
A group of individuals who enter or attempt to enter Canada in a manner that is illegal can be considered an “irregular arrival.” This implies certain standards and confinements apply to them.
If you arrived as part of an irregular arrival, you are a “designated foreign national.” The Minister of Public Safety will let you know in writing if you are one.
You are unable to apply on humanitarian and compassionate grounds until five years have gone since:
- the day you turned into a designated foreign national or potentially
- the IRB settled on a last negative choice on your refugee guarantee or potentially
- you got a negative choice on a Pre-Removal Risk Assessment.
If you applied on humanitarian and compassionate grounds and afterward turned into a designated foreign national, your humanitarian and compassionate grounds application will be suspended for about five years from the date:
- you were designated, or
- a negative choice from the IRB, or
- of a negative Pre-Removal Risk Assessment choice.
If you have an order to leave Canada (this is known as a removal order), you may be able to apply to remain in Canada on humanitarian and compassionate grounds.
If you apply, this won’t stop or defer your removal from Canada. You must leave on or before the date expressed on your removal order. Your application will still be processed regardless of whether you need to leave Canada.
Frequently Asked Questions
There is no privilege to appeal a denied application for permanent residence on humanitarian and compassionate grounds.
Yes, this is a permanent residence application. Therefore, you will require a medical exam and if you are from a country that requires biometrics, you will need to get one.
Why hire AP Lawyers to represent you in your application on humanitarian and compassionate ground?
Our experience and dedication will always increase your chances of success. We make your immigration matter, ours. We have the Immigration, Refugees, Citizenship Canada’s (“IRCC”) authorization to effectively represent you and we are members in good standing of the Law Society of Ontario. We strive to customize your immigration matter with our office and ensure we prepare and send out your immigration application as strong as it can be!