Compassionate Pathways to a Brighter Future
The Humanitarian and Compassionate (H&C) program in Canada offers a pathway to permanent residence for those facing exceptional circumstances. It allows individuals to request exemptions from certain immigration requirements based on humanitarian grounds. Factors considered include the applicant’s establishment in Canada, family ties, best interests of children, and potential hardships if denied. This program is crucial for those who do not qualify for other immigration programs.
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Eligibility Criteria
- Must be a foreign national currently living in Canada.
- Need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA).
- Not eligible to apply for permanent residence under other immigration classes.
- Have children under 18 years who will be adversely affected if removed.
Benefits
- Provides a pathway to permanent residence for those facing exceptional circumstances.
- Help keep families together, especially when children are involved.
- provide protection and stability, especially for vulnerable people.
- Approved applicants can access healthcare, education, and employment in Canada.
Application Process
- Gather necessary documents/evidence that support your H&C case, such as medical reports, police records, or letters from family and friends.
- Complete the required forms – IMM 0008, IMM 5669, and IMM 5406.
- Submit the application online through the Permanent Residence Online Application Portal.
Top Reasons For Family Sponsorship Application Refusal.
Documentation
- Lack of Documentation: Applicants often fail to provide necessary documents such as medical records, financial statements, or affidavits that support their claims. Without these, the application lacks the required proof to substantiate the case.
- Inconsistent Information: When the information provided in the application is inconsistent with other records or previous applications, it raises doubts about the credibility of the applicant. This can include discrepancies in personal history, employment records, or family details.
- Insufficient Proof of Hardship: Demonstrating hardship is crucial in H&C applications. Applicants must show that they would face significant hardship if their application is denied. This could include evidence of persecution, severe economic hardship, or lack of access to necessary medical care in their home country.
Eligibility
- Failure to Meet Criteria: H&C applications have specific criteria that must be met. If an applicant does not meet these basic requirements, such as having a strong connection to Canada or demonstrating exceptional circumstances, the application is likely to be refused.
- Previous Immigration Violations: Past violations, such as overstaying a visa or working without authorization, can negatively impact the application. These violations suggest a disregard for immigration laws, which can be a significant factor in the refusal.
- Inadmissibility: Certain factors such as a criminal record or serious health issues can render an applicant inadmissible to Canada. The immigration officer will assess whether the known inadmissibility outweighs the H&C grounds. Applicants may face inadmissibility due to security concerns or misrepresentation.
Discretionary Assessment
- Subjective Nature of Considerations: The discretionary nature of H&C decisions, which can lead to varying outcomes based on the immigration officer’s interpretation of the case.
- Best Interests of Children: As a primary consideration, if the applicant cannot convincingly demonstrate that the refusal would negatively impact the children’s well-being, the application may be denied.
- Establishment in Canada: Applicants need to show significant ties and establishment in Canada, such as stable employment, community involvement, and long-term residence.
- Country Conditions: Applicants must provide detailed information about the adverse conditions in their home country that justify the need for H&C consideration. This can include evidence of political instability, violence, or lack of essential services.
Why Choose Us
The H&C application process is complex due to the need for comprehensive documentation, intricate legal criteria and the requirement to demonstrate exceptional circumstances based on compelling evidence to support their claim.
Expert Guidance
We ensure that your application is complete, accurate, and meets all requirements.
Personalized Support
We tailor advice and support to your specific situation, increasing your chances of success.
Handle Complex Cases
We can address any complications or issues that may arise during the application process.
Save time, reduce stress
We streamline the application process, allowing you to focus on reuniting with your loved ones.
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Book a consultation today
Are you ready to take the next step in your immigration journey? Our professional immigration consultant, an RCIC, at ImmiScape Immigration Solutions Inc. is here to guide you through every stage of the process. Whether you’re seeking a visa, permanent residency, or citizenship, we offer personalized consultations to address your unique needs. Don’t wait—book a consultation today and let us help you achieve your immigration goals with confidence and ease. Contact us now to get started!
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Toronto, ON M1S 1V3
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