Do You Qualify For Humanitarian Compassionate Applications?

If you are currently living in Canada without legal status, you may be able to obtain permanent residence if you have established yourself in the country.

One of the biggest challenges for this method, known as the Humanitarian and Compassionate Application, is producing the proper documentation. Without having the correct documents, you could risk being forced to leave the country.

In order to make sure that your application presents you with merit to the immigration officers, you would greatly benefit from an immigration law firm’s services.

Niren and Associates has over 14 years experience assisting people to become Canadian permanent residents, including those who are already living in Canada without legal status.

Contact our Montreal, QC immigration attorneys to see if you qualify for the H and C Applications

Just wanted to say thank you for all your hard work. I was able to obtain permanent residence successfully with your help on my H and C application. It means a great deal.- Matt K.

Humanitarian and Compassionate Applications and What you Should Know

Humanitarian and Compassionate (H and C) Applications are usually for people living in Canada without legal status.

Generally, these people have established themselves by one or more of the following criteria (not all factors will be applicable in all cases):

• Family ties to Canada through relatives who are Canadian Permanent Residents or Canadian Citizens
• Employment in Canada (albeit often without a valid Canadian work permit)
• Education in Canada (albeit often without a valid Study Permit in Canada)
• Volunteer work in Canada
• Upgrade of English skills
• Savings and property in Canada
• Social ties to Canada in their communities

The general profile of a good candidate would be someone who has resided in Canada for a few years, who has some of the previously listed. Often such applicants do not qualify for other Canadian permanent residence categories.

If any of these requirements relate to your situation, get in touch with our Vancouver immigration law office to discuss your options to get permanent residency.

Contact our Montreal, QC immigration lawyers for a professional assessment.

If You May Suffer Hardship By Leaving Canada, You May Be Able to Stay

If you were likely to endure hardship by returning to your home country, the H and C application may be your answer for staying in Canada. It is important to explore an applicant’s background in terms of the social, economic or personal hardship they or their family would be subject to in their home country.

Note: The applicant for Humanitarian and Compassionate cases do not have to be subject to persecution. H and C cases are not Refugee cases. However, without showing hardship, it may be difficult to succeed in your application for Canadian Permanent Residence under the Humanitarian and Compassionate Category.

How H and C Immigration Cases Unfold

The completion of application forms, along with supporting documentation showing the factors above, are necessary for a good H and C application.

Once the application package is complete and the government processing fee of $550.00CAD is collected, the application can be submitted from within Canada to the Case Processing Centre (CPC) in Vegreville, Alberta for processing.

The application package should have a very detailed submission letter outlining all the H and C factors of the applicant and explain why the immigration officer assessing the case should approve the application.

Note: H and C cases are discretionary, that is, the immigration officer assessing the case has the discretion to refuse or approve the case based on their own assessment of the merits of the case. Therefore it is extremely important to prepare a very strong submission letter and collect persuasive supporting documentation in support of the Humanitarian and Compassionate Application.

Timeline for Application Processing

Depending on the case, applications can take around 18-24 months to process but sometimes longer.

Waiting for an Application to be Processed

During the H and C application process, the applicant remains in Canada to await a decision. It is not recommended that the applicant travel outside of Canada. Their file will be transferred from CPC Vegreville* to their local CIC office for further processing. An interview may be required as well as a request for additional documentation. Interviews will be conducted at their local CIC office.

Approval of Application

If the Humanitarian and Compassionate Application is approved, the applicant will be asked to undergo Immigration medical exams and obtain police clearances. Once the medicals and police clearances are passed, the applicant will be called in to pick up their Canadian Permanent Residence Card (PR Card).

Refusal of Application

If the H and C application is refused, then the applicant can appeal the negative decision by Canada Immigration to the Federal Court of Canada within 15 days of the refusal.

Even though you may not have legal status, you may still be considered a valuable member of Canadian society. With all the effort you’ve put into your life in Canada, the Canadian government recognizes that you may deserve to live in the country legally. Niren & Associates knows how important it is to remain rooted in your community, and we can help you build on the life you began

Contact our Immigration Lawyers in Montreal, QC for help with your unique case.