Eligibility for Humanitarian and Compassionate grounds is a path available for people who have built a life in Canada. The Immigration and Refugee Protection Act grants individuals leave to apply for permanent residence, from within Canada. Section 25 of the Act gives the Minister of Citizenship and Immigration the power to grant permanent resident status based on personal circumstances if these personal circumstances comply with the humanitarian and compassionate appeal policy.
Humanitarian and Compassionate applications are reviewed based on the applicant’s establishment, separation from family members and the compelling reasons for remaining in Canada. Immigration officers take into account the best interest of the applicant, their dependents and the hardships they would face within their home country.
Requirements for a Successful Application
- Duration of stay in Canada
- Family and kids residing in Canada
- Financial savings and education in Canada
- Employment in Canada
- Social ties to Canada and in the community
About the Application Process:
Sample Questions
- Does the applicant have a secure employment history?
- Any financial issues with the applicant in the past?
- What experience of severe hardship could occur if returned to their home country?
- Is there any kind of support available in their home country?
There is no guarantee whether your application will be approved or not as IRCC does not prevent deporting the applicant before the application has been considered. Unlike pending refugee claims, humanitarian and compassionate grounds is one of the most challenging applications. It needs a strong argument as to why the immigration officer should accept your application.
Filing a humanitarian and compassionate grounds application does not automatically grant you status in Canada. You must maintain temporary legal status in Canada while your case is still pending. Once the application has been submitted, the process for results takes up to 24-36 months. Therefore, it’s important to know what the process entails.
It is essential you retain a Toronto immigration lawyer to guide you through the application process and provide detailed supporting answers.