If you have been living in Canada for a number of years without legal status, and have made a life for yourself in Canada, there is an opportunity for you to apply for Canadian permanent residence. You will need to convince immigration officers that you have established yourself in the country. When applying for Humanitarian and Compassionate Applications or H&C), it is extremely important to prepare a very strong submission letter and collect persuasive supporting documentation in support of the Humanitarian and Compassionate Application.
If you qualify for the Humanitarian and Compassionate category, then you should seek the help of an immigration lawyer who will know exactly what immigration officers are looking for, which will greatly increase your chances for an approved application. At Niren & Associates, we work carefully with each individual and their unique case, and we will prepare your application professionally and properly.
“I can not believe that my H & C application has been approved! I know how difficult it is to get H & C applications approved. I cannot thank Niren & Associates enough.” – Christine W.
Find Out if You Are Eligible for Humanitarian and Compassionate Applications
To apply for a H&C, you generally have no legal status in Canada but have an established presence in Canada. For example, it would help our case if you have some or one of the following:
- Family ties to Canada who are Canadian Permanent Residents or Canadian Citizens
- Employment in Canada (perhaps without a valid Canadian work permit)
- Education in Canada (perhaps without a valid Canadian study permit)
- Volunteer work in Canada
- Upgrade of English skills
- Savings and property in Canada
- Social ties to Canada in your community
The general profile of a good candidate for a H & C application would be someone who has resided in Canada for a few years who has some of the factors listed above. Often, such applicants do not qualify for other Canadian permanent residence categories such as the Skilled Worker category where applicants are assessed on their English skills or education or work experience.
A typical applicant may be a laborer with little education but has managed to support him or herself in Canada.
How H & C Cases are Different from Refugee Cases
A major component of H & C cases is an assessment of the undue hardship that the applicant may suffer should they be required to return to their home country by Canada Immigration. It is important to explore an applicant’s background in terms of the social, economic or personal hardship they or their family would be subject to in their home country. The applicant for Humanitarian and Compassionate cases does not have to be subject to persecution, which makes them different from refugee cases.
However, without showing hardship, it may be difficult to succeed in your application for Canadian Permanent Residence under the Humanitarian and Compassionate Category. Niren & Associates will determine if you are eligible for the Humanitarian and Compassionate Application, and then will work to present your case correctly.
Procedure for Humanitarian and Compassionate Cases
Once the application package is complete and the government processing fee is collected, the application must be submitted to the Case Processing Centre (CPC) for processing. Applications can take around 18-24 months to process but sometimes longer depending on the case.
During the application process, the applicant remains in Canada to await a decision. It is not recommended that the applicant travel outside of Canada during the H & C process. Their file will be transferred from CPC Office to their local CIC office for further processing. An interview may be required as well as a request for additional documentation. Interviews will be conducted at their local CIC office.
What To Do When Your H&C Application is Approved or Denied
If the Humanitarian and Compassionate Application is approved, the applicant will be asked to undergo Immigration medical exams and obtain police clearances. Once the medicals and police clearances are passed, the applicant will be called in to pick up their Canadian Permanent Residence Card (PR Card).
If the H and C application is refused, then the applicant can appeal the negative decision by Canada Immigration to the Federal Court of Canada within 15 days of the refusal.
Let Immigration Attorneys and our Chicago Office Prepare your H and C Application Package
The completion of application forms and proper supporting documentation are necessary for a good H &C application. The application package should have a very detailed submission letter outlining all the Humanitarian and Compassionate factors of the applicant and explain why the immigration officer assessing the case should approve the application. Since 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, it is crucial that you enlist the help a professional attorney with experience in immigration law.
Our legal team has extensive knowledge when it comes to preparing Humanitarian and Compassionate Applications. Your success is greatly increased with our services, so don’t take chances.