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Humanitarian & Compassionate Grounds

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Navigating the Immigration Landscape

Individuals who find themselves outside the conventional pathways for obtaining a visa to Canada may still have a beacon of hope. Recognizing the diverse and pressing circumstances that some individuals face, Canada offers an alternate route to permanent residence through applications premised on humanitarian and compassionate considerations. This lifeline caters to those whose stories do not fit neatly into the usual immigration categories but who have nonetheless formed profound and enduring ties to Canada.

Eligibility Criteria for Humanitarian & Compassionate Applications

Certain individuals might be particularly well-positioned to seek Canadian permanent residence on these grounds, such as:

Long-term residents of Canada who have woven their lives into the social and economic fabric of the country.

Individuals ineligible for the family class due to an oversight by a potential sponsor in declaring their relationship or facilitating their medical exam, as outlined in Section 117(9)(d), Immigration Refugee Protection Regulations.

Those facing inadmissibility due to past criminal offenses or medical conditions that would typically prevent entry into Canada.

Individuals who, irrespective of their lack of legal familial recognition, play an integral role within family unit, often referred to as de facto family members.

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Assessment of Applications: Child’s Best Interest and Beyond

An integral part of the H&C application assessment involves a compassionate and careful evaluation of a child’s best interests, adhering to established immigration guidelines and policies. Key factors in this assessment include:

The applicant's economic integration in Canada or the ability to become economically stable within the country.
Possible adversities that could arise in their country of origin, such as family separation or connections in Canada that could lead to significant distress.
Any particular circumstances detailed by the applicant's legal advocate that reinforce the request for status in Canada.
It is crucial that applicants provide robust evidence from third-party sources, such as medical assessments, journalistic reports on country conditions, proof of income from governmental sources, and commendations from meaningful figures like employers.

Addressing Ineligibility Through H&C Considerations

Humanitarian and compassionate considerations also extend to requests for temporary visas, including work permits, study permits, and visitor visas. When individuals are unable to satisfy specific legal or policy requirements for these visas, H&C grounds can be invoked to potentially overcome these hurdles.

PL Immigration: Your Compassionate Pathway to Canadian Residency

At PL Immigration, we understand the complexities woven into each unique immigration narrative. Our comprehensive expertise in Canadian immigration law and H&C applications ensures that every avenue for establishing your new life in Canada is thoroughly explored. We ensure that potential clients effortlessly find the guidance they so critically need during their immigration journey.  

Navigating Humanitarian and Compassionate Grounds

Foreign nationals seeking permanent residence in Canada ordinarily must apply from outside the country, following the established guidelines set by Immigration, Refugees and Citizenship Canada (IRCC). However, there exists a special provision for those who are ineligible under traditional immigration categories: the humanitarian and compassionate (H&C) consideration application. This process serves as a petition for exceptional relief, allowing individuals already present in Canada to apply from within the nation’s borders.

The H&C application a nuanced and detailed procedure that demands substantial proof to validate an applicant’s case. Advocating for a positive outcome hinges on the expertise of seasoned immigration attorneys who are experts in the realm of H&C immigration law.

An H&C application specifically caters to unique situations and assesses cases on an individual basis. It considers numerous factors. Still, it’s important to note that a request for temporary residence does not fall under H&C application parameters. Moreover, if a foreign national faces imminent dangers, such as the threat of persecution, risk to life, or the chance of torture or other inhumane treatment, these circumstances are not within the purview of H&C applications. Such individuals should seek protection through a refugee claim instead.  

PL Immigration is well-equipped with a team of legal professionals specializing in humanitarian immigration laws and refugee claims. With a deep understanding of international human rights, the firm is committed to aiding individuals in securing refugee status within Canada’s borders. 

Begin Your Canadian Adventure Today!

Ready to embrace a new life in a land of unparalleled opportunity, cultural diversity, and natural beauty? Canada welcomes you.

Understanding Humanitarian and Compassionate Considerations

In specific instances, individuals in Canada or abroad who find themselves unable to meet the conventional criteria for a Canadian visa may seek permanent residency through a unique pathway. This is based on humanitarian and compassionate grounds (H&C), which provides an avenue for those with compelling circumstances to secure a new life in Canada. Individuals who may qualify for H&C consideration include the following:  

Long-term residents of Canada who have established significant ties and contributions to Canadian society.

Individuals who could not be included under the family class due to their sponsor’s failure to disclose them or ensure they were examined.

Those with a criminal history that otherwise bars them from entry into Canada.

Individuals facing health issues that preclude them from being admitted under standard immigration criteria.

De facto family members who lack legal recognition but are functionally part of a Canadian family unit.

PL Immigration recognizes the importance of H&C provisions for those wishing to apply for temporary visas as well. Applicants who do not strictly comply with existing immigration laws or policies can rely on H&C justifications to support their application for work permits, study permits, or visitor visas.

Humanitarian and Compassionate Consideration in Canada

Applicants vying for Humanitarian and Compassionate (H&C) consideration need to aware that they must simultaneously uphold their legal residency status in the country. The procedure for H&C consideration differs from that of refugee applications; Immigration, Refugees and Citizenship Canada (IRCC) retains the authority to expedite a removal order if an individual’s application is under evaluation. To prevent complications, candidates should take measures to ensure the continuity of their immigration status — whether it involves a work permit, study permit, or visitor visa – until the conclusion of the H&C application process.

Key Steps to Legally Extend Your Stay in Canada: 

Upon successfully securing an extension, individuals will be issued renewed documentation, validating their updated expiration date. Conversely, should the extension be denied, one’s stay is legally limited to the original temporary status’s expiry date.

Eligibility Requirements for PR Card Renewal

To maintain your status as a steadfast resident of Canada, applicants are required to meet specific criteria. Those looking to renew their Permanent Resident (PR) card must: 

Maintaining Valid Permanent Resident Cards:

Ensuring uninterrupted status for permanent residents traveling abroad, requires a PR card that remains valid for at least six months beyond the planned travel date. Should your PR card be approaching expiration, within six months or less, it is essential to promptly apply for renewal while still within Canadian borders.

Procedure for PR Card Renewal:

In the event that your PR card is misplaced, stolen, or has expired while abroad, acquiring a Permanent Resident Travel Document (PRTD) becomes a necessity for re-entry into Canada aboard any commercial carrier, such as an airplane, train, ship, or bus. It’s important to note that re-entry is contingent on having a PRTD. After returning to Canada, you may proceed with the PR card renewal process.

Reapplying for Your Permanent Resident Card:

PL Immigration offers guidance and support throughout the application process individuals seeking to renew their permanent resident status. Navigating the steps to ensure compliance with the latest immigration requirements is crucial for a seamless renewal. Adhering to these steps is vital to continuous residency in Canada and enjoying the rights and privileges accorded to permanent residents.

Begin Your Canadian Adventure Today!

Ready to embrace a new life in a land of unparalleled opportunity, cultural diversity, and natural beauty? Canada welcomes you.

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