Who should apply for humanitarian and compassionate grounds in Canada

Applying for permanent residence on Humanitarian and Compassionate grounds (H&C) in Canada is an exceptional measure that is not part of the regular immigration process. It is meant for individuals who would not normally be eligible to apply for permanent residence from within Canada, but who have exceptional circumstances.

Here's who should consider applying:

1. Individuals with Established Ties in Canada: This could include significant family ties, community connections, contributions to community or local economy, and the length of time lived in Canada.

2. Undue Hardship: Individuals who can demonstrate they would face undue hardship if they were required to return to their home country, such as discrimination, lack of access to medical treatments, potential for persecution, negative impact on family who remain in Canada, or other unique hardships.

3. Best Interests of a Child: If a child would be affected by an applicant’s removal, the best interests of the child should be considered. Special attention is given if the applicant is the primary caregiver or if the child is a Canadian citizen or permanent resident.

4. No Other Immigration Channels: Those who do not have any other means of applying for permanent residence through regular immigration channels, like economic or family class sponsorship, may apply on H&C grounds.

5. Stable Settlement and Contribution: Applicants should showcase their establishment in Canada, including stable employment, involvement in local communities, or other factors showing they have made Canada their home.

6. Non-refoulement Obligations: Those who do not fall under the protection of the Refugee Protection Division but might be at risk if returned to their country of origin.

Applicants should not apply for H&C grounds:

• If they have a pending refugee claim

• If they have been recognized as a Convention refugee or a person in need of protection

• If they are subject to a removal order

• If they are trying to use H&C to avoid the regular visa process or the outcome of other immigration applications

• If less than 12 months have passed since they were last rejected on H&C grounds (unless there are children affected or issues of safety involved)

Applying on H&C grounds requires a strong submission with extensive supporting documentation. The process involves a high degree of discretion on the part of immigration officers. Admire Immigration Services Inc. can assist individuals who believe they have a potential case to present H&C considerations by guiding them through the application process, ensuring comprehensive documentation, and providing clear and supportive legal arguments.