Humanitarian and Compassionate (H&C)

It can be difficult to navigate the Canadian immigration system, especially for those in unusual situations. Your route to permanent residence in Canada may be a Humanitarian and Compassionate (H&C) application if you have particular difficulties that prevent you from immigrating through the regular channels. H&C applications which are intended for exceptional circumstances give people the chance to stay in Canada or obtain permanent residency on the basis of compassion.

H&C Consideration Factors

Immigration Refugees and Citizenship Canada (IRCC) considers a number of criteria when evaluating a H&C application to decide whether the applicant’s circumstances warrant an exemption from the general immigration requirements. Key factors include:

1. A difficult time going back to one’s Home Country

• Proof of severe hardship in the event that you must return to your nation of origin. This might involve health problems safety hazards or violations of fundamental human rights.
• A few instances are war discrimination, political unrest, and lack of access to healthcare.

2. Canadian Establishment

• How well you have assimilated and contributed to Canadian society. This encompasses your volunteer work social connections education and job.
• Evidence of self-sufficiency and active participation in the community can bolster your argument.

3. A Child’s Best Interests

• The welfare of the kids who will be directly impacted by the choice is very important. The IRCC evaluates the decision’s effects on their general quality of life, emotional health, and education.
• A few instances include the fact that children attend Canadian schools, receive medical care that is not available elsewhere, and are stable in their present surroundings.

4. Ailments of the Body and Mind

• Physical or mental health issues that would worsen after returning home.
• Professional evaluations medical reports and testimonies are essential for supporting these assertions.

5. The Canadian Family

• Supporting evidence from close family members in Canada may be very important for H&C applications. This makes it clearer that a separation would result in undue hardship.

Reasons for Applying Under H&C Consideration

Applications for H&C are intended for people with special circumstances who are unable to fulfill the requirements of other immigration programs. These are typical explanations.

1. Refusals of Refugee Claims

Applicants who have had their refugee claims rejected may still apply for H&C permanent residence if they believe that going back to their home country would be extremely dangerous.

2. Fear of being Persecuted

Those who are subjected to discrimination or persecution in their nation of origin because of their political beliefs gender race or religion.

3. Medical Requirements

Circumstances in which the applicant’s home country does not provide the necessary medical care.

4. Financial Difficulty

An H&C application may be justified in cases of extreme poverty or lack of access to essentials like food housing and education.

5. Reunification of the Family

To prevent additional emotional distress, people who have been separated from their families in Canada because of immigration restrictions may apply under H&C considerations.

Who Cannot Apply for H&C?

Although the H&C program offers flexibility, there are some limitations. You cannot apply under H&C considerations if:

• The Immigration and Refugee Board (IRB) is still processing your refugee claim.
• The Refugee Appeal Division is currently reviewing your appeal.
• With rare exceptions you have had a negative decision on an H&C application within the last 12 months.

Additionally, people who pose a security risk or have significant criminal histories might not be eligible.

How CWC Can Help?

We at CWC Immigration Solutions are aware of how difficult H&C applications can be and how crucial it is to make a strong case. We thoroughly examine your situation to assess how strong your H&C application is. Our professionals pinpoint elements that increase your chances of approval and offer guidance on areas that call for more paperwork. As your advocates, our knowledgeable consultants skillfully and professionally present your case. You can confidently negotiate the intricacies of the H&C application process with CWCs experience. Contact us today for a FREE assessment!