You can apply for permanent residency to Canada, despite being ineligible, if compelling humanitarian and compassionate considerations apply to you
In order to become a permanent resident of the Canada and a citizen, you must meet the eligibility criteria of the program under which you are applying. Additionally, you must not be inadmissible to Canada for any of the reasons outlined in the Canadian Immigration Law.
If you don’t meet the strict requirements of the Canadian Immigration program, you may still be able to apply for permanent residency under humanitarian and compassionate grounds. These are limited for exceptional cases only. The is an option for individuals who have been living or working in Canada without a valid immigration status and wish to make Canada their home.
What factors will the officer consider when reviewing your application?
Officers assess humanitarian and compassionate applications on a case by case basis, there is no universal rule for these applications but the officer will consider the following factors:
- Your family ties in Canada
- The extent to which you are settled in Canada
- What hardship would you face if you are not allowed to stay in Canada &
- The officer will not assess risks such as persecution, danger to life or cruel and unusual treatment or punishment.
- The best interest of any children, if applicable.
Who is ineligible to claim humanitarian and compassionate grounds?
Humanitarian and compassionate consideration may allow you to overcome other strict eligibility requirements, however this option is not available to everyone.
The following individuals cannot submit a H&C application:
- Temporary Residence Applicants (such as study, work or visit).
- Applicants with an H&C application in process.
- Applicants with a pending refugee claim.
- Applicants whose refugee claim was denied, abandoned or withdrawn in the last 12 months.
- Applicants who are deemed to be ‘designated foreign nationals’ i.e. who have entered or attempted to enter Canada in a manner that is against the law, cannot apply for a period of 5 years.
How do I file a Humanitarian and Compassionate application?
Your application package must be filled from inside Canada. It is critical to include with your application supporting documents that demonstrate how you meet all of the factors that an officer will assess.
It is recommended that your application be accompanied with a detailed submission letter, addressing the humanitarian and compassionate grounds applicable to your circumstances. Our immigration specialists have the necessary expertise in putting together a strong submission letter and application package for you. Humanitarian and Compassionate applications are not easily approved by immigration offices, we can assist you in putting forward your best foot with your H&C application.