Humanitarian and Compassionate Applications are a form of Canadian immigration application that allows individuals to apply for permanent residence with exemption from certain requirements of the Immigration Refugees Protection Act (“IRPA”).
These applications are typically made by individuals who do not meet the requirements of a regular immigration application but need to stay in Canada due to humanitarian circumstances. In order to be successful with a Humanitarian and Compassionate Application, an individual needs to demonstrate that they have established themselves in Canada, have strong ties to Canadian society, would face undue hardship if they were to be removed from Canada, and/or the best interests of children weigh in favour of a positive decision.
The following are some examples of factors that are considered when assessing
One of the main factors considered in evaluating a Humanitarian and Compassionate Application is whether there would be an undue hardship to the individual and their family members if they were to be removed from Canada. This could include factors such as social or economic conditions, health issues or physical limitations, or other personal circumstances.
Another important factor considered in evaluating a Humanitarian and Compassionate Application is the extent to which the individual has established themselves in Canada. This may include factors such as the length of time they have been in Canada, their employment history, and their social and community involvement.
Where there are children involved, their best interests are considered as part of the Humanitarian and Compassionate Applications. This could include issues related to their health, education, and welfare.
To successfully demonstrate eligibility for a Humanitarian and Compassionate Application, it is important to provide clear and persuasive evidence to support the application. The following are some examples of evidence that could help strengthen a Humanitarian and Compassionate Application:
A clear and well-documented personal narrative that describes the individual’s circumstances, their contributions to Canadian society, and the adverse consequences they and their family would face upon removal from Canada.
Expert opinion from professionals, such as medical professionals or psychologists, who can attest to the hardship or adverse consequences the individual would face if they were removed from Canada. Country conditions documents such as articles and human rights reports on adverse conditions in the country of origin would also be supportive of the individual’s narrative and be relied upon in the application.
Evidence of community support, such as letters of support from community organizations or public figures, can demonstrate the individual’s integration and contribution into Canadian society, as well as support for their application.
Evidence demonstrating that the individual’s situation falls outside the normal legal and policy framework and that it would be unjust or unfair to deny their application.
In conclusion, Humanitarian and Compassionate Applications in Canada can provide an opportunity for individuals facing compelling circumstances to remain in Canada and seek permanent residence. By understanding the requirements for Humanitarian and Compassionate Applications and providing strong evidence to support their application, individuals and their families may be able to successfully navigate the application process and achieve their immigration goals.
Applying for a H&C Application can be a potential last resort option for an individual in Canada who is facing deportation or removal from the country. H&C exemptions are meant to provide relief to individuals who would otherwise face undeserved or unusual hardship for reasons beyond their control.
The question is what happens if you are deported from Canada after submitting an H&C application? Can you still succeed on your application and return to Canada? The short answer is that it is technically possible to succeed on an H&C application even if you are deported from Canada.
However, there are several important factors to consider. First, it is crucial to understand that leaving Canada does not mean that the H&C application process will stop. The application will continue to be processed, and individuals who are successful may be granted permanent resident status, even if they are outside of Canada. That being said, being deported can have an impact on the success of the application.
Leaving Canada voluntarily, as opposed to being deported, may be viewed more favorably by the immigration authorities processing the H&C application. Deportation can leave the impression that an individual is trying to evade the consequences of their actions.
Another important factor is the strength of the individual’s H&C application. Successful H&C applications depend on demonstrating compelling circumstances that warrant exemption from the usual requirements of the IRPA. These circumstances may include factors such as family ties in Canada, the best interests of the children involved, and any significant risks that the individual may face if they are forced to leave Canada. Individuals who have been deported must also meet Canada’s rules for admissibility when returning to the country.
This means that they must satisfy Canadian border officials that they meet all the requirements for entry into Canada, including security, criminal, and medical checks. Finally, having legal representation can be very helpful in ensuring that an individual’s H&C application is as strong as possible.
An experienced immigration lawyer can help ensure that all relevant evidence, such as personal circumstances and Canadian connections, are presented in the most persuasive manner. In conclusion, being deported from Canada does not automatically mean that an individual cannot succeed on an H&C application.
However, individuals in this situation should be aware of the potential implications of their deportation and seek legal representation to strengthen their application as much as possible.