Humanitarian and Compassionate
Humanitarian and Compassionate: The people who would not be eligible to become Permanent residents of Canada under the normal circumstances, can apply under the humanitarian and compassionate grounds. Following factors are looked at while processing the applications:
- How established are you in Canada?
- What kind of family ties do you have in Canada?
- Is there any kind of best interests of any child involved?
- What would be the potential outcome if the request is not granted.
Things to keep in mind while applying to H&C grounds
- The application under these grounds will only be accepted if you have applied for permanent resident visa or status within Canada or outside Canada. This application is not valid for the temporary resident applicants.
- Only one application at a time is allowed
- Risk factors such as risk to life, cruel and unusual treatment or punishment are not assessed under this category.
- If there is a decision pending from a refugee claim, you can not apply under this category
- If there has been a negative decision from the refugee claim in the last 12 months, you can not apply. This is also known as the “one year bar”. The one year bar would not apply if you have a child under 18 years of age who is adversely affected or the dependents are suffering from a life threatening medical condition that is untreatable in the home country.
Removal Orders : The order to leave Canada is known as a removal order. One can apply to stay within Canada on the H&C grounds if they have been issued a removal order unless any of the above conditions apply. There is never a guarantee that the application will be approved under the H&C grounds and there is no right to appeal a refused application either.
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