Humanitarian Grounds
Immigration Legislation has a provision to protect individuals for Humanitarian and Compassionate grounds. This is a very important provision in the Act. This allows individuals to apply for Permanent Residence who otherwise may not be eligible.
Humanitarian Grounds
Foreign nationals who are in Canada and would face some special hardship if they had to return to their home country can apply for permanent residence on humanitarian and compassionate (H&C) grounds. This is a kind of in-Canada application where the immigration authorities can grant permanent residence if they consider there to be compelling reasons as to why the applicant should be allowed to remain in Canada.
Under section 25 of the Immigration and Refugee Protection Act an immigration officer may waive nearly any provision of the law if it is justified on humanitarian and compassionate grounds. The basic test is whether the applicant would experience unusual, undeserved or disproportionate hardship if required to leave Canada and return to their home country.
Making an application on humanitarian and compassionate grounds allows an applicant to request the immigration authorities to waive the usual requirement to apply for permanent residence through one of the standard immigration categories.
An application on humanitarian grounds can be made by persons who are in Canada illegally and who are inadmissible to Canada for various reasons.
This allows for persons who are long-term illegals in the country to step forward and ask to be granted permanent residence on humanitarian grounds. Failed refugees may also make a humanitarian application if more than a year has passed since their case was decided, or the best interests of a child are involved.
People who would normally qualify for permanent residence but are inadmissible for minor criminality or by reason of some other legal barrier can also apply for residence on humanitarian and compassionate grounds if the circumstances are warranted. This includes undeclared family members who would not normally qualify for family sponsorship: they too can apply for residence on H&C grounds.
An application on humanitarian grounds can be made by persons who are in Canada illegally and who are inadmissible to Canada for various reasons.
This allows for persons who are long-term illegals in the country to step forward and ask to be granted permanent residence on humanitarian grounds. Failed refugees may also make a humanitarian application if more than a year has passed since their case was decided, or the best interests of a child are involved.
People who would normally qualify for permanent residence but are inadmissible for minor criminality or by reason of some other legal barrier can also apply for residence on humanitarian and compassionate grounds if the circumstances are warranted. This includes undeclared family members who would not normally qualify for family sponsorship: they too can apply for residence on H&C grounds.
Granting a Humanitarian Grounds Application
In considering whether to grant an application on humanitarian grounds, the immigration authorities will typically consider the following factors:
- Whether the circumstances that led the applicant to remain in Canada were beyond their control.
- Adverse conditions in the applicant’s country of origin.
- How long the applicant has been in Canada.
- Ongoing relationships to family members in Canada and the current immigration/citizenship status of those family members.
- Whether the family has the option of being together in another country.
- The particularly circumstances of all family members.
- Financial dependence of the family members on the applicant.
- The applicant’s history of stable employment and sound financial management.
- Whether the applicant has integrated into the community through involvement in community organizations or other activities.
- Whether the applicant and his family members have a good civil record in Canada.