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Humanitarian and Compassionate

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Humanitarian and Compassionate
Immigration Legislation has a provision to protect individuals under section 25 of IRPA on Humanitarian and Compassionate grounds. This isa very important provision in the Act as it allows individuals to apply for Permanent Residence who otherwise may not be eligible. Humanitarian and Compassionate criteria is for those who been living and working in Canada for a long time without valid immigration status.Under Section 25 of IRPA, the officer may look at your individual circumstances and grant permanent residence status, if it is justified through humanitarian & compassionate considerations. To fulfill the conditions you may have any of the following circumstances :
  • You have been working here for several years,
  • You have young children who attend school,
  • You are involved with your community through a religious organization
  • You have significant extended family in Canada but you are not eligible for a sponsorship,
  • You would not be able to gain employment if return to your home country.
One of the most important factors in an H&C application is the documentary evidence. While putting together the application, you will need to collect documents in order to support your claim. These documents are used as crucial pieces of evidence that demonstrate your tiesto Canada and why you need to remain here. Some documents which you will need to collect include:
  • Letters from family members, describing how important it is that you remain in Canada. These letters can discuss your relationship and how hard it would be for them if you had to leave.
  • Letters from friends and community members. These letters can be very important in showing your commitment to being involved with Canadian society. This includes any activities you’re involved with, religious groups and volunteer organizations.
  • Proof of employment.In addition to a letter from your employerdescribing your work, you should collect pay stubs or other proof of income.
  • If you have children, you should collect information about their education and lives in Canada. Your children can also write letters of support describing why they want to stay in Canada.
  • Evidences of spent time with your family and friends in Canada.
This is not an exhaustive list of the documents you need. Every case will require documents suited to the particular issues involved.

The completion of application forms, and supporting documentation showing the factors above are necessary for a good H and C application. Once the application package is complete and the government processing fee of $550.00CAD is collected, the application is submitted to Case Processing Centre Vegreville for processing. The application package should have a very detailed submission letter outlining all the H and C factors of the applicant and explain why the immigration officer assessing the case should approve the application. The immigration officer assessing the case has the discretion to refuse or approve the case based on their own assessment of the merits of the case, therefore it is extremely important to prepare a very strong submission letter and collect persuasive supporting documentationin support of the H&C applicationApplications can take around 18-24 months to process but sometimes longer depending on the case.During the application process, the applicant remains in Canadato await a decision. The applicant is not recommended to travel outside of Canada during the H and C process. The immigration officer assessing the case has the discretion to refuse or approvethe case based on their own assessmentof the merits of the case AND NO APPEAL CAN BE MADE AGAINST THE REFUSAL, therefore it is extremely important to prepare a very strong submission letterand collect persuasive supporting documentation in support of the Humanitarian and Compassionate Application