Humanitarian immigration to Canada

Canadian Immigration provides for a means to be granted permanent residence in Canada for those who are in or outside of Canada and whose personal circumstances are compelling to such a degree that they warrant special relief.

Humanitarian and compassionate applications cover a huge variety of immigration applications that includes the ones from those who are not allowed to come to Canada due to criminal or medical reasons or from those who do not meet the requirements of other immigration programs, but may be granted permanent residence in Canada regardless.

For example, the situation may arise that a potential immigrant is about to come to Canada to take up permanent residence, however the person has a parent who has always been living with him and has substantially depended on him in all the aspects of his life and therefore the separation of that person from his parent will be hardship not only for the person who is about to immigrate, but also for the parent.

In such circumstances an H&C application may be submitted to argue that in this particular case H&C grounds exist that warrant granting permanent residence status to the parent as well as to the applicant himself. All in all, humanitarian applications are assessed on the following factors:

  • undue, undeserved and disproportionate hardship an applicant will face should he be removed to his country of origin;
  • presence of relatives and friends in Canada who are Canadian permanent residents or Canadian citizens;
  • history of stable education/employment in Canada;
  • sound English/French language skills;
  • savings and property in Canada;
  • best interests of children
  • overall degree of establishment in Canada

H&C application always involve gathering a significant amount of proof that exceptional circumstances exist to warrant special consideration towards an applicant despite that fact that the applicants may be inadmissible to Canada and/or do not qualify for other immigration programs.

These applications require a great deal of persuasion to present to an immigration officer the application in a way that the positive decision on the application is justified and deserved. You may wish to contact us to assist you with collecting the proper documentation to prove your case and, moreover, with legal substantiation of the grounds to be granted permanent residence on the humanitarian grounds.

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