Humanitarian & Compassionate

Information on humanitarian and compassionate applications

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Humanitarian Compassionate applications can be used to apply for permanent residence in Canada on humanitarian and compassionate grounds, if you

  • are a foreign national and have been living in Canada
  • have been living in Canada without any proper paperwork
  • need an exemption from the requirements of IRPA (Immigration and Refugee Protection Act) or Regulations to apply for per manensidence in Canada
  • believe that you would face hardships in your home country, in case you need to return to your country
  • are not eligible to apply for permanent residence from within Canada as a:
  • live-in caregiver
  • spouse
  • common-law partner
  • temporary resident permit holder
  • convention refugee
  • protected person

Who Cannot Use Humanitarian and Compassionate Applications?

You may not use Humanitarian and Compassionate applications, if you

  • are a Canadian citizen
  • are a permanent resident
  • have an outstanding refugee claim
  • are a designated foreign national*
  • have submitted an H & C application, on which decision is still pending
  • have made a refugee claim and it got rejected within the last 12 months
  • withdrew a refugee claim within the last 12 months

*Designated foreign national cannot make use of Humanitarian and Compassionate applications at least for five years after the day of their resignation. They cannot make such applications towards obtaining permanent residence within Canada if they have made a refugee claim; appealed to their rejected refugee claim.

Assessment of Humanitarian and Compassionate Applications

Your Humanitarian and Compassionate application is assessed on the basis of

  • the hardships you anticipate, in case of non-approval of your application
  • the time you've spent in Canada
  • your ties to Canada
  • your health considerations
  • your inability to leave Canada
  • the consequences that either you or your family member/relative may face from separation
  • the interests of your children (their age, education status, medical needs, child's establishment in Canada)
  • conditions in your country of origin
  • any other factor that you consider relevant

Time Span for Humanitarian and Compassionate Applications

The exact time taken in application processing varies from case to case. Typically, it may take anywhere from 18-24 months to process. However, it may take longer in special cases or an appeal is made for a rejected application.

What If Your H & C Application is Approved?

If your H & C application is approved, you will need to:

  • obtain police clearances
  • undergo immigration medical exams
  • get your Canadian Permanent Residence Card

What If Your H & C Application is Refused?

If your H & C application is refused, you will need to:

  • appeal the refusal to the Federal Court of Canada within 15 days of refusal
  • convince the judge of the hardships that you will face if your application is not accepted

Why Seeking Legal Assistance?

Preparing Humanitarian and Compassionate applications are complex and so is their processing. It's of extreme importance to prepare a very strong application and a submission letter regarding the hardships you will face if you're exempted, while explaining if you have ever sought assistance from authorities, including police or any private organization to improve your situation in your home country.

The entire process is so complex and time consuming that it seems almost impossible to get through it and obtain a visa. Unless the hardships are demonstrated in a very strong manner, immigration authorities generally do not it. You need to be really aggressive and prompt, in order to ensure that your H & C application is accepted. Only immigration consultants can help you with it.

Why Hire SPS Canada Immigration Inc?

SPS Canada Immigration Inc. is a team of regulated immigration consultants who are qualified and licensed to offer advice to individuals who are planning to immigrate to Canada. We help you complete and file your application and handle all enquiries from the Canadian embassy.

Although the end decision lies in the hands of immigration officers but we can help you put your best foot forward, eliminating every possibility of refusal of your application. Aside from this, we offer you cost-effective and tailored solutions, helping you realize all your immigration goals.

Fill our free online immigration form now and know about your eligibility status. We will get back to you in 24 hours to discuss your case with you.