Immigrating to Canada can be complicated, especially for individuals facing extraordinary challenges in their home countries. In some cases, people already living in Canada without legal status may apply for permanent residency (PR) on Humanitarian and Compassionate (H&C) grounds. If you find yourself in such a situation, obtaining proper legal support can make a significant difference in navigating the complex H&C process.
This blog will outline the basics of H&C applications, eligibility criteria, legal assistance options, and what to expect during the process.
What is an H&C Application?
An H&C application is a request to the Immigration, Refugees, and Citizenship Canada (IRCC) to grant PR based on special circumstances. Section 25 of the Immigration and Refugee Protection Act (IRPA) allows immigration officers to waive certain regulations if compelling reasons exist to justify the applicant staying in Canada.
H&C applications are ‘discretionary’ – meaning it is up to the immigration officer, on a case-by-case basis to assess each individual, focusing on that person’s particular circumstances such as hardship, family ties, and integration into Canadian society.
Who Qualifies for an H&C Application?
H&C applications are generally intended for individuals living in Canada, without legal status. Below are a few key factors immigration officers consider:
- Hardship in the Home Country:
- Conditions such as political instability, poor healthcare, or personal safety concerns.
- Family Ties in Canada:
- Close relationships with Canadian citizens or permanent residents.
- Time Spent in Canada:
- Applicants who have been living in Canada for an extended period. Perhaps they claimed refugee status when they first entered the country.
- Work and Volunteer Experience:
- Any employment (with or without a valid work permit) or voluntary services.
- Social and Community Ties:
- Active participation in local communities or Canadian societies.
- Education and Skills Development:
- Applicants who have upgraded their English or French skills or pursued education while they have been living here.
- Assets in Canada:
- Savings or property ownership.
It’s important to note that H&C applications are not refugee claims. The focus is not on persecution but on personal circumstances and hardship.
Who Does Not Qualify for an H&C Application?
There are specific situations where a person may be ineligible to apply for PR on H&C grounds, including:
- Applicants currently outside Canada.
- Individuals with an ongoing refugee claim.
- Applicants who submitted multiple H&C applications at the same time.
- People who have been rejected by the Immigration and Refugee Board (IRB) within the past 12 months.
Why Legal Support Is Essential for H&C Applications
Navigating the H&C application process can be daunting. Immigration officers have the discretion to approve or deny applications, and a well-prepared submission can significantly improve the chances of success. Here’s how a lawyer or paralegal can assist:
- Building a Strong Case:
- An immigration legal professional can help gather compelling evidence of hardship and integration.
- Filing the Application:
- Legal professionals ensure the application forms and submission letters are properly completed.
- Handling Interviews and Documentation Requests:
- If IRCC requires additional documents or interviews, legal assistance can ensure timely responses.
- Appealing a Rejection:
- In case of refusal, immigration lawyers may file a judicial review in Federal Court within 15 days; the case must meet the criteria for a judicial review.
What to Expect During the H&C Application Process
The processing time for H&C applications typically ranges from 24 to 36 months, though some cases may take longer.
- Waiting Period:
Applicants are allowed to stay in Canada while the application is being processed. It is advisable not to leave Canada during this period, as IRCC may request additional documents or schedule interviews. - Medical and Police Clearance:
If the application is approved, the applicant will need to undergo a medical exam and obtain police clearances.
What Happens If Your Application Is Rejected?
If your H&C application is denied, it’s crucial to act quickly. You have only 15 days to file a judicial review in the Federal Court of Canada. Working with an immigration lawyer can improve your chances during the appeal process by identifying potential errors made by immigration officers.
Conclusion
Applying for PR through an H&C application offers a lifeline to individuals facing exceptional challenges. However, success largely depends on how well the case is presented. Consulting an immigration lawyer or paralegal is essential to strengthen your application and improve your chances of obtaining permanent residency in Canada.If you need help with an H&C application, connect with a vetted legal professional today. Visit BRT’s Find a Professional page to get started.
Read about: Permanent Residency Application in Canada
