If you are a foreign national inside Canada and do not qualify for permanent residency through the economic or family streams of immigration to Canada, you may qualify to plea Humanitarian & Compassionate (H&C) relief. When it comes to H&C relief, the context of your request has to be detailed and complete.
What Is a Humanitarian & Compassionate (H&C) Application?
Humanitarian & Compassionate (H&C) applications are there for foreign nationals, typically inside Canada, who are seeking special permission to acquire permanent resident status in Canada. You need to think of H&C as a possible last resort to acquire or maintain permanent residence in Canada.
H&C Application Eligibility
Contemporarily, H&C applicants have to fulfill the criteria of extreme hardship in their returning country. It is the major requirement that determines whether or not you will be able to get permanent Canadian residence through H&C.
Purpose of Humanitarian & Compassionate (H&C) Applications
Humanitarian & Compassionate applications are typically used to assist in overcoming inadmissibilities to Canada. This can include overstaying in Canada, misrepresentation, loss of status in Canada, medical inadmissibility, or other complex circumstances that were unexpected in a person’s life.
Humanitarian & Compassionate (H&C) applications take a certain degree of expertise to be accepted. At Shory Law, our immigration lawyers will help you make the right decision to see if a Humanitarian & Compassionate (H&C) applications makes sense for your circumstances.
Humanitarian & Compassionate (H&C) Applications: Key Factors and Considerations
A Humanitarian & Compassionate applications are evaluated by taking into consideration the totality of your circumstances and weighing it against whether you should be granted this exceptional remedy in immigration law in Canada. These factors include:
- Family reunification
- Best interests of any children involved
- Access to medical or health care
- Adverse country conditions
- Your establishment in Canada – finances, business assets, community support and involvement, and any employment history
At Shory Law, our immigration lawyers are trained in providing you with a proper assessment of your circumstances to see if a Humanitarian & Compassionate (H&C) application is worth your effort and time. These applications often take hundreds of pages of supporting documentation and hours of time spent creating submissions for immigration officers to review.
Humanitarian & Compassionate (H&C) Application Processing Times
The Humanitarian & Compassionate (H&C) application process is complex and lengthy. On average, it can take between 2 to 3 years for a H&C application to process inside Canada. During the processing of your application, you may be able to fight for your ability to stay in Canada while the application is being processed.
If, for example, you held a work permit prior to submission of your Humanitarian & Compassionate (H&C) application, you would have to continue to maintain your status in Canada until a final decision is made. However, this is not always possible. As such, there are numerous elements attached to a H&C application that require you to act and proceed in a specific manner.
With Shory Law, you will have the expertise of professional immigration lawyers and stay on top of the legal challenges.
If you are seeking Humanitarian & Compassionate (H&C) related legal services in Calgary, Alberta, book your consultation and one of our immigration lawyers will get in touch with you.
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How long does it take to process H&C applications?
Various applications have various processing times. You can check yours here.
How do I apply for a H&C application in Canada?
An H&C application can be submitted by paper. It requires the submission of the appropriate forms, IRCC filing fees, and all supporting evidence you would like the officer to review with your request.
Can you apply for humanitarian and compassionate applications outside of Canada?
It is always highly recommended that an application for H&C relief be made by the applicant while they are inside Canada. However, technically, applications made outside of Canada should be considered by the visa officer as well.