Canada Humanitarian and Compassionate Grounds is for people who are ineligible to become permanent residents through the immigration-class process because of exceptional circumstances. H&C applications are evaluated on a few factors:
a) Person’s status in Canada
b) Family ties to Canada
c) Benefits for Child ( if any).
d) Consequences- if the request is not granted by the Canadian Government.
Generally, people who are looking forward to immigrating to Canada should apply for a permanent resident outside Canada. Candidates not meeting immigration requirements or are prohibited can’t apply for permanent residence from within Canada. Though, Immigration and Refugee Protection Act (IRPA) Section A25(1) permits overseas nationals who are restricted, or ineligible to apply under Immigration categories, for Permanent Residence, or an exemption from a requirement of the Act, based on Humanitarian and Compassionate (H&C) considerations.
Check: Steps to Immigarte to Canada through Express Entry System
a)Candidates are eligible to apply for H&C if they are seeking Canadian permanent residency status OR a permanent resident visa broad. The H&C requests by temporary resident applicants are not entertained.
b) Candidate can submit one application at a time as more than one H&C applications will not be entertained at the same time.
c) Candidate with ‘Refugee claim’ is eligible to apply only if they pull out ‘Refugee claim’ before the Immigration and Refugee Board of Canada (IRB) hearing.
d) Applicants with a negative decision from the IRB within the last one year can’t apply. In case, the Refugee Claim is withdrawn by the IRB then that counts as a negative decision. This condition is called the ‘One year bar’ and is inapplicable if:
• Your child (less than 18 years) could get affected if you’re removed from Canada.
• You or one of your dependants is suffering from a big medical issue which has no treatment methods in your home country.
Candidates who want to apply for a permanent residency visa within Canada on Humanitarian and compassionate grounds are :
a) You are an Overseas national presently living in Canada.
b) You are ineligible to apply for PR from within Canada under – Spouse or Common-Law Partner, Live-in Caregiver, Caregivers: caring for children or people with high medical needs; protected Person and Convention Refugees: and Temporary Resident permit Holder categories.
c)You are seeking exclusion from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations to apply for Canadian permanent residence program.
Check: Apply for Canadian PR from India
Candidates, who have any of the below-given identities, are not eligible for H&C consideration:
a) A Canadian citizen,
b) A permanent resident,
c) Have already submitted H&C application but the decision is not made yet.
d) Have an exceptional Refugee claim
e) Have become a designated foreign national in the last five years.
Designated Foreign nationals are ineligible to apply for H&C for the minimum 5 years, the day after they receive designation or if have made:
• A refugee claim at the Refugee Protection Division, Immigration and Refugee Board (IRB),
• A plea to your rejected Refugee claim at the IRB’s Refugee Appeal Division, or
• A Pre-removal Risk Assessment application.
•If your Refugee claim was rejected in the last 12 months either by the Refugee Protection Division or the Refugee Appeal Division of the IRB, or
• If you dethrone a Refugee claim in the last 12 months before waiting for the claim to be withdrawn in your hearing at the IRB.
Check: Apply for Canadian Permanent Residency Visa through Provincial Nominee Program
Candidates who are asked to leave Canada might stay in Canada on H&C grounds if they meet any of the aforementioned restrictions. If you apply for H&C, it still can’t avoid or delay your removal from Canada. You are supposed to leave the nation on or ahead of the date given on your removal order. Your application process will not be affected even if you leave Canada and the decision on your case will be provided in the writing. Though there is no assurance of approval of your application by Canadian authorities.
For availing more information about the program, you can call on official helpline +919625212959 or send your queries to info@makevisas.com.