In Canada, the Government can grant a few people permanent residence under exceptional circumstances that fall under the ‘Humanitarian and Compassionate Grounds’ category. This is generally possible for people who possess economic establishment and demonstrate difficult circumstances that elicit sympathy such as conditions that put their and their family’s life in danger or other difficulties. When you apply for permanent residency in Canada under these grounds, you are expressing to the Canadian Government that you will face distress and disproportionate hardship if you have to leave Canada (and consider it to be enough to provide you permanent residentship on the basis of that.
What Are Humanitarian And Compassionate Grounds?
Usually, people who are not eligible normally to apply for permanent residency in Canada may do so on humanitarian and compassionate grounds. As we discussed above, if a person with or without their family is facing disproportionate hardship and cannot return to their home country, can apply for Canadian permanent residence through the government.
These applications come from only exceptional cases. Applications under the humanitarian and compassionate grounds section are assessed on a case-by-case basis. Here are the factors that are considered:
- How settled the applicant may be in Canada
- Whether or not the applicant has any family ties in Canada
- Best interests of any children involved in this situation,
- Consequences faced by the applicant if permanent residentship under these grounds is not granted.
Here are a few other rules applied to the Humanitarian and Compassionate Grounds category:
- You can only have one application under the humanitarian and compassionate grounds category at a time
- The Canadian government does not assess risk factors such as risk to life, persecution, punishment, cruel or unusual treatment
- An applicant with a pending refugee claim cannot apply for permanent residency under the humanitarian and compassionate grounds category. If someone wishes to apply under humanitarian and compassionate grounds, they will need to withdraw their refugee claim before the Immigration and Refugee Board of Canada holds a hearing for that particular case.
- If the Immigration and Refugee Board of Canada has ruled a negative hearing regarding an application in the last 12 months, the applicant of said hearing is not eligible to apply under humanitarian and compassionate grounds. This is also known as the ‘one year bar’. If the Immigration and Refugee Board of Canada considers your refugee application abandoned or withdrawn, that will be considered a negative decision. The bar does not apply to an applicant if:
- The applicant bears children under 18 years of age who would be affected if the applicant were to leave Canada
- The applicant can present proof that states that the applicant themselves or one of their dependents is suffering from a threatening disease or medical condition that cannot be looked after or treated in their home country.
What Proof Do I Need For Humanitarian And Compassionate Grounds:
In order to be eligible for a humanitarian visa in Canada or permanent residency under humanitarian and compassionate grounds in Canada, you need substantial evidence that can justify your circumstances. Evidence often includes photographs, legal documents, medical documents, country condition documents, or anything that can validate your cause for applying under certain circumstances.
An officer, while investigating your case, needs to determine if you are telling the truth or constructing a case to feign truthfulness. Proof in terms of documents and medical reports will help the office establish the true nature of things. The officer will also determine the hardship you will face if you are denied your status in Canada or sent back if you are already in Canada. Factors affecting this decision will include your financial status in Canada, your involvement in the community and voluntary work, your criminal record, your history of employment, and many such aspects.
Your status can experience approval once the higher authorities determine if you are going to be a liability to the country or a well-deserving citizen that can support themself and contribute to the growth of the country on many levels. If you have a child dependent on you, that will be considered by the officials.
Your humanitarian visa Canada or PR request under humanitarian and compassionate grounds in Canada can be determined based on all the facts mentioned above. One must make sure that they have enough proof to plead their case as valid.
How Can Chaudhary Law Office Help?
Chaudhary Law Office specializes in Humanitarian immigration law and everything related to immigration law in Canada. Chaudhary Law aims to protect your rights with integrity, diligence, experience, and professionalism. Whether it’s refugee claims, appealing any orders, citizenship, etc. Located in Toronto, any Canadians or future Canadians can reach out to the professionals at Chaudhary Law and seek help to build a strong case that works out in their favor. If you need any help in navigating the complexities of Canadian law, book a consultation at the earliest!