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    Humanitarian Grounds and Compassionate Applications in Canada

    Humanitarian Grounds and Compassionate (H&C) applications allow certain foreign nationals in Canada to apply for permanent residence when they do not qualify under regular immigration programs. This option is available to individuals who would face severe, unusual, or disproportionate hardship if required to return to their home country.
     
    H&C applications provide a pathway to permanent residence based on compassion, fairness, and individual circumstances.

    What are Humanitarian Grounds and Compassionate Applications?

    An H&C application is an in-Canada permanent residence application. Immigration officers may grant permanent residence when compelling humanitarian reasons justify the applicant’s continued stay in Canada.
     
    Under section 25 of the Immigration and Refugee Protection Act (IRPA), an immigration officer has the authority to waive specific legal requirements if humanitarian and compassionate considerations support the case.
     
    The key question officers assess is whether removing the applicant from Canada would cause unusual, undeserved, or disproportionate hardship.

    Who Can Apply on Humanitarian Grounds?

    Humanitarian Grounds and Compassionate applications remain available to a wide range of individuals, including those who:
     
    1) Do not qualify under standard immigration programs.
    2) Have lived in Canada without legal status for an extended period.
    3) Face inadmissibility due to minor criminality or other legal barriers.
    4) Undeclared or non-sponsor-able family members.
    5) Had a refugee claim refused more than one year ago.
    6) Involve children whose well-being and best interests may be affected.
     
    This process allows individuals, including those without status, to apply for permanent residence on humanitarian grounds.

    Factors Immigration Officers Consider

    When assessing an H&C application, immigration officers review the applicant’s overall situation. Common factors include:
     
    1) Circumstances that led the applicant to remain in Canada.
    2) Conditions in the applicant’s home country.
    3) Length of stay and stability in Canada.
    4) Community ties and long-term residence in one location.
    5) Family relationships in Canada and their immigration status.
    6) Possibility of family unity in another country.
    7) Financial responsibility and employment history.
    8) Community involvement and integration.
    9) Civil and criminal history in Canada.
     
    No single factor guarantees approval. Officers assess the case as a whole.

    Best Interests of the Child

    One of the most essential elements of a Humanitarian Grounds and Compassionate application is the best interests of any child affected by the decision. A child is defined as a person under 18 and need not be a Canadian citizen.
     
    If a decision would negatively affect a child connected to the application, immigration authorities must give careful and detailed consideration to that child’s situation before making a decision.

    How Officers Assess the Best Interests of a Child

    When evaluating the impact on a child, officers typically consider:
     
    1) The child’s age
    2) Level of dependency on the applicant
    3) Degree of establishment in Canada
    4) Connection to the country of origin
    5) Conditions in that country and the potential impact
    6) Effects on education, stability, and well-being
     
    While the presence of a child is a significant factor, it does not automatically result in approval. Officers decide each case based on its unique circumstances.

    Why Legal Guidance Matters for Humanitarian Grounds

    Humanitarian Grounds and compassionate decisions involve a high level of discretion. Substantial evidence, detailed explanations, and well-organised submissions significantly improve the chance of success.
     
    Spike Immigration assists clients by assessing eligibility, preparing persuasive applications, gathering supporting documents, and presenting cases clearly to immigration authorities.

    Frequently Asked Questions (FAQ)

    Humanitarian Grounds and Compassionate applications allow people in Canada to apply for permanent residence when returning home would cause severe hardship.
    People without legal status, failed refugee claimants, and those facing unusual hardship may qualify, depending on circumstances.
    Yes. People without status in Canada may apply for permanent residence on humanitarian grounds.
    Immigration officers prioritise the best interests of affected children and carefully consider them.
    No. Immigration officers assess each application individually, and approval depends on the strength of the evidence and overall circumstances.
    Processing times vary and may take several months or longer, depending on case complexity.

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