Humanitarian Applications

The Canadian immigration process is stern towards those who are residing in the country without the proper documentation. In many cases, the consequence for this infraction is a forced exit from Canada entirely. An immigration lawyer can be an important asset for you to help present your case in the best possible light.

Niren and Associates has extensive experience involving those without legal status who are looking to become a permanent residents in Canada.

Humanitarian and Compassionate Applications and What You Should Know

Humanitarian and Compassionate (H and C) Applications are usually for people living in Canada without legal status.  Generally, these people have established themselves by one or more of the following criteria (note: not all factors will be applicable in all cases):

• Family ties to Canada who are Canadian Permanent Residents or Canadian Citizens
• Employment in Canada, albeit often without a valid Canadian work permit
• Education in Canada, albeit often without a valid study permit in Canada
• Volunteer work in Canada
• Upgrade of English skills
• Savings and property in Canada
• Social ties to Canada in their communities

If you feel that any of these criteria apply to you or someone close to you, it is recommended that you consult one of our Boston-based immigration lawyers in this matter.

Contact today for a consultation with one of our Immigration Lawyers in the Boston, MA. area.

Humanitarian and Compassionate Application Requirements

The general profile of a good candidate would be someone who has resided in Canada for a few years, who has some of the criteria listed above. Often, such applicants do not qualify for other Canadian permanent residence categories.

Those Experiencing Hardship in Their Home Country

A major component of H and C cases is an assessment of the undue hardship that the applicant may suffer should they return to their home country.  It is important to explore an applicant’s background in terms of the social, economic or personal hardship they or their family would be subject to in their home country.

Note:  The applicant for Humanitarian and Compassionate cases does not have to be subject to persecution. H and C cases are not refugee cases. However, without showing hardship, it may be difficult to succeed in your application for Canadian Permanent Residence under the Humanitarian and Compassionate Category.

Procedure for H and C Cases

The completion of application forms and providing supporting documentation showing the factors above are necessary for a good H and C application. Once the application package is complete and the government processing fee of $550.00CAD is collected, the application can be submitted to CPC Vegreville* for processing. The application package should have a very detailed submission letter outlining all the H and C factors of the applicant and explain why the immigration officer assessing the case should approve the application.

Note: H and C cases are discretionary, that is, the immigration officer assessing the case has the discretion to refuse or approve the case based on their own assessment of the merits of the case. Therefore it is extremely important to prepare a very strong submission letter and collect persuasive supporting documentation in support of the Humanitarian and Compassionate Application.

Timeline for Application Processing

Depending on the case, applications can take around 18-24 months to process, but sometimes longer.

Waiting for an Application to be Processed

During the H and C application process, the applicant remains in Canada to await a decision. It is not recommended that the applicant travel outside of Canada. Their file will be transferred from CPC Vegreville* to their local CIC office for further processing. An interview may be required as well as a request for additional documentation. Interviews will be conducted at their local CIC office.

Approval of  Application

If the Humanitarian and Compassionate Application is approved, the applicant will be asked to undergo immigration medical exams and obtain police clearances. Once the medicals and police clearances are passed, the applicant will be called in to pick up his or her Canadian Permanent Residence Card (PR Card).

Refusal of Application

If the H and C application is refused, then the applicant can appeal the negative decision by Canada Immigration to the Federal Court of Canada within 15 days of the refusal.

Establishing yourself in a new country is often an up-hill battle that requires persistence and patience. If you have invested the time in building a new life for yourself, then it is only logical to take the necessary steps to protect it. Consulting with one of our Boston immigration lawyers may help you to safeguard the lifestyle that you are planning for yourself.

Contact today for a consultation with one of our immigration lawyers in the Boston, MA. area.

This is for my lawyer at Niren and Associates. I want share my own experience I had with this lawyer regarding my immigration issues and everything she has done for me. Her efforts at getting me Canadian Permanent Residence changed my life… THANK YOU SO MUCH!Harjit T.

*Humanitarian and Compassionate Applications or H and Cs are Canadian Permanent Residence applications that are filed IN LAND (in Canada) to the Case Processing Centre (CPC) in Vegreville, Alberta.