HOW TO APPLY FOR HUMANITARIAN AND COMPASSIONATE GROUNDS IN CANADA

HOW TO APPLY FOR HUMANITARIAN AND COMPASSIONATE GROUNDS IN CANADA

Applying for humanitarian and compassionate grounds in Canada is a process that allows individuals who are not eligible for permanent residency through regular immigration channels to seek residency based on humanitarian or compassionate reasons. These grounds may be applicable to people facing exceptional circumstances, such as family ties, established equity in Canada, or humanitarian concerns.

The Humanitarian and Compassionate (H&C) Grounds in Canada are a set of guidelines and regulations that allow individuals who are facing removal from the country to apply for permanent residency on the basis of humanitarian and compassionate considerations. These considerations may include family ties in Canada, established equity, and the best interests of any dependent children.

In order to be eligible for an H&C application, the individual must meet several criteria. Firstly, they must have been legally admitted to Canada or have been given permission to stay in the country for a certain period. Secondly, they must have been living in Canada for a significant amount of time, usually at least one year. Additionally, they must demonstrate that they have established ties to the country, such as a job, a home, or a supportive community.

HOW TO APPLY FOR HUMANITARIAN AND COMPASSIONATE GROUNDS IN CANADA

The H&C application process is complex and can be time-consuming. Applicants must provide detailed information about their personal situation, including their ties to Canada and the reasons why they believe the Canadian government should exercise its discretion in their favor. They must also demonstrate that they have attempted to regularize their status in Canada through other means, such as applying for a work or study permit.

In evaluating H&C applications, Canadian immigration authorities consider a range of factors. These include the best interests of any dependent children, the applicant’s ties to the community, and the applicant’s overall connection to Canada. The authorities will also assess the applicant’s personal circumstances, such as health, age, and any family members in Canada.

Once an application has been submitted, it is reviewed by an immigration officer, who will make a recommendation. The final decision is made by the Minister of Citizenship and Immigration or their delegate. The process can take several months, or even years, and there is no guarantee that the application will be approved.

HOW TO APPLY FOR HUMANITARIAN AND COMPASSIONATE GROUNDS IN CANADA

To apply for humanitarian and compassionate grounds in Canada, applicants must follow a series of steps and provide relevant documentation to support their case. The process involves gathering information, preparing the application, and submitting it to the appropriate authorities.

Steps to Apply for Humanitarian and Compassionate Grounds in Canada

Assess Eligibility: The first step in the process is to determine if the applicant is eligible to apply for humanitarian and compassionate grounds. This can be done by reviewing the eligibility criteria outlined by Immigration, Refugees, and Citizenship Canada (IRCC).

Gather Documentation: Applicants must gather all relevant documentation to support their case. This may include proof of family ties, employment history, financial stability, and any other information that demonstrates the applicant’s strong connection to Canada.

Prepare the Application: Once all necessary documentation has been collected, applicants must complete the required application forms. These forms can be found on the IRCC website and should be filled out accurately and completely.

Pay the Application Fee: Along with the application, applicants must submit the appropriate fees. The fee structure can be found on the IRCC website and may vary depending on the applicant’s circumstances.

Submit the Application: After completing the application forms and gathering all necessary documentation, applicants must submit their application to the IRCC. The application should be sent to the Case Processing Centre in Sydney, Nova Scotia, along with the required fees and supporting documents.

Wait for a Decision: Once the application has been submitted, the IRCC will review the case and make a decision on whether the applicant’s humanitarian and compassionate grounds are sufficient to grant them permanent residency in Canada. This process can take several months, or even years, depending on the complexity of the case.

Appeal a Decision: If the application is denied, applicants have the right to appeal the decision within 30 days of receiving the refusal notice. The appeal process involves submitting additional information and evidence to support the case, and it is important to consult with an experienced immigration lawyer for assistance.

Who is Eligible to Apply for Humanitarian and Compassionate in Canada?

1. The applicant must have a significant connection to Canada: The applicant must demonstrate that they have strong ties to the country, such as close family members who are Canadian citizens or permanent residents, or established employment or business connections.
2. The applicant must be facing compelling and unusual hardship: The applicant must provide evidence that they are facing a unique and extraordinary situation that warrants consideration under the H&C program. This could include circumstances such as medical emergencies, family separation, or significant threats to personal safety.
3. The applicant must not be inadmissible to Canada: Individuals who are inadmissible due to criminality, security risks, or human or international rights violations are not eligible for H&C applications. However, the applicant may be able to overcome inadmissibility if they can demonstrate that their presence in Canada would be justified in the public interest.
4. The applicant must have resided in Canada: Generally, applicants must have resided in Canada for at least one year before applying for H&C status. However, there are exceptions to this requirement for applicants facing particularly urgent circumstances.
5. The applicant must demonstrate that refusal of their application would result in significant hardship: Applicants must provide evidence that refusal of their application would cause them and their family significant emotional, financial, or physical hardship.

How long does it take to Process H&C Application in Canada?

Processing times for Humanitarian and Compassionate (H&C) applications in Canada can vary significantly depending on various factors. The Immigration, Refugees and Citizenship Canada (IRCC) is responsible for processing these applications, and they strive to provide efficient and timely services. However, several elements can influence the duration of the process.

1. Application completeness: The IRCC aims to make a decision on an H&C application within 12 months. However, the processing time can be shorter or longer, depending on the application’s completeness. If the application is missing essential documents or information, it may take longer to process.
2. Application backlog: The IRCC experiences fluctuations in the number of applications received, which can result in backlogs. During periods of high application volumes, processing times may be longer than usual.
3. Complexity of the case: The more complex the H&C application, the longer it may take to process. Cases involving multiple family members, medical conditions, or other unique circumstances may require additional time for the IRCC to review and make a decision.
4. Government priorities and policies: Changes in government policies or priorities may also impact processing times for H&C applications. For example, during times of heightened immigration concerns, the processing times may be longer.

To obtain the most accurate and up-to-date information on processing times for H&C applications, it is essential to consult the IRCC’s website or contact their call center. It is also recommended to monitor the IRCC’s website for any changes in processing times or government policies that may affect your application.

Can I apply for H&C from outside Canada?

Yes, you can apply for the Humanitarian and Compassionate (H&C) grounds from outside Canada. However, it is important to understand the process and requirements to ensure a successful application. In this essay, we will discuss the eligibility criteria, application process, and supporting documents required for an H&C application from outside Canada.

Eligibility Criteria

To be eligible for H&C, you must meet the following criteria:

1. Be a spouse, common-law partner, or dependent child of a person who meets the residency requirements.
2. Demonstrate that refusal of your application would cause significant hardship or undue financial burden on a relative living in Canada who is a Canadian citizen, permanent resident, or person who would be allowed to be in Canada as a permanent resident.
3. Show that you have made efforts to leave Canada and return to your home country or another country, but it would cause you significant hardship to do so.

Application Process

To apply for H&C from outside Canada, follow these steps:

1. Complete the appropriate application forms: Obtain the necessary forms from the Immigration, Refugees, and Citizenship Canada (IRCC) website. Ensure you complete all sections of the application accurately and truthfully.
2. Pay the application fees: Determine the required fees for your specific application and pay them through the IRCC website or by mailing a money order or bank draft.
3. Gather supporting documents: Compile all required documents, such as marriage or birth certificates, proof of relationship to a relative in Canada, and any other relevant documents that demonstrate your ties to Canada.
4. Submit your application: Mail your completed application, fees, and supporting documents to the IRCC Centralized Intake Office in Sydney, Nova Scotia, Canada.

Supporting Documents

To strengthen your H&C application, provide the following supporting documents:

1. Proof of relationship: Include documents that show your relationship to a relative living in Canada, such as marriage or birth certificates.
2. Evidence of ties to Canada: Provide documents that demonstrate your connection to Canada, such as employment contracts, property ownership, or close family ties.
3. Financial hardship: If refusal of your application would cause significant financial hardship, include documents that support your claim, such as bank statements or proof of income.
4. Evidence of efforts to leave Canada: Include any documents that show your attempts to leave Canada, such as travel itineraries, visa rejections, or denial of entry to other countries.

Humanitarian Application Fees in Canada

Applying for humanitarian purposes in Canada, such as sponsoring a refugee or applying for permanent residence, may require the payment of fees. The amount of these fees varies depending on the specific program and the type of application. Below, we outline the costs associated with various humanitarian applications in Canada.

1. Sponsorship of Refugees

Under the Refugee Sponsorship program, private sponsors can support refugees in Canada. The fees for this program include:

• Processing fees: For refugee sponsorship applications, there is a processing fee of CAD 630 per person, with a maximum fee of CAD 1,260 for a family of two people. This fee is non-refundable, even if the application is refused.
• In-Canada sponsorship: If the refugee is already in Canada, the sponsor must also pay a CAD 1,040 fee to cover the cost of the refugee’s permanent residence application.

2. Family Class Sponsorship

Family Class sponsorship is another humanitarian application in Canada, which allows Canadian citizens and permanent residents to sponsor their family members for permanent residence. The fees for this program include:

• Sponsorship application processing fee: CAD 405 per person, with a maximum fee of CAD 1,040 for a family of three or more people.
• Right of Permanent Residence fee: CAD 200 per person.

3. Humanitarian and Compassionate Applications

H&C applications are submitted by individuals who are currently in Canada and have been residing there without status for at least one year. The fees for this application include:

• Application processing fee: CAD 1,040 per person, with a maximum fee of CAD 2,160 for a family of three or more people.
• Right of Permanent Residence fee: CAD 200 per person.

4. Protected Persons

Protected persons are individuals who have been granted protection under the Immigration and Refugee Protection Act. The fees for this application include:

• Application processing fee: CAD 1,040 per person, with a maximum fee of CAD 2,160 for a family of three or more people.
• Right of Permanent Residence fee: CAD 200 per person.

In conclusion, the cost of humanitarian applications in Canada varies depending on the specific program and the type of application. Applicants should be aware of these fees and consider them when planning their immigration process.

 FOR MORE INFORMATION AND APPLICATION VISIT: https://www.canada.ca/en/

In conclusion, the Humanitarian and Compassionate Grounds in Canada provide an important safety net for individuals who may be facing removal from the country. By carefully considering their personal circumstances and connections to Canada, immigration authorities can exercise their discretion to grant permanent residency to those who meet the eligibility criteria and demonstrate a strong case for humanitarian and compassionate consideration.