Humanitarian & Compassionate Grounds
The Humanitarian and Compassionate (H&C) grounds application in Canada is a process that allows individuals who are in Canada and facing exceptional circumstances to apply for permanent residence on humanitarian and compassionate grounds, even if they do not meet the usual requirements for immigration.
Here are some key points about the H&C grounds application:
Eligibility:
To be eligible to apply on H&C grounds, applicants must demonstrate that they would experience unusual and undeserved or disproportionate hardship if they were to return to their home country. This could include factors such as establishment in Canada, family ties, best interests of a child, or other compelling reasons.
Exceptional Circumstances:
H&C applications are typically considered in cases where applicants face serious risks to their safety, well-being, or fundamental human rights if they were to return to their home country. These circumstances could include situations such as persecution, abuse, extreme poverty, or lack of access to medical treatment.
Application Process:
Applicants must submit a detailed application along with supporting documentation to Citizenship and Immigration Canada (CIC) or Immigration, Refugees and Citizenship Canada (IRCC), depending on the specific circumstances of their case. The application must outline the reasons why the applicant is seeking permanent residence on H&C grounds and provide evidence to support their claims.
Decision Making:
H&C applications are assessed on a case-by-case basis, taking into account all relevant factors and evidence provided by the applicant. Immigration officers have discretion in deciding whether to grant permanent residence based on humanitarian and compassionate considerations.
Factors Considered:
When assessing H&C applications, immigration officers consider various factors, including the severity of the hardship faced by the applicant, the applicant’s ties to Canada, the best interests of any children involved, and the potential risks associated with returning to the applicant’s home country.
Legal Representation:
Applicants may choose to seek legal representation or assistance from immigration consultants when preparing their H&C application to ensure that all relevant factors are properly documented and presented to immigration authorities.
Processing Time:
Processing times for H&C applications can vary depending on the complexity of the case and the volume of applications being processed. It’s important for applicants to be patient and prepared for a potentially lengthy process.
Overall, the H&C grounds application provides a mechanism for individuals facing exceptional circumstances to seek permanent residence in Canada based on humanitarian and compassionate considerations. It’s essential to carefully prepare and submit a thorough application supported by compelling evidence to maximize the chances of a successful outcome.
