Hello everyone! Now, I’d like totalk about humanitarian and compassionate considerations inrelationship to immigration to Canada Sometimes a man or woman is inadmissible toCanada or else they don’t meet the requirements of legislation to Canada. Inthose situations humanitarian and compassionate considerationsapplications can be an alternative for those applicants. But let’s first see who is inadmissible to Canada.
You might be inadmissible toCanada because of safety reasons, because of human rights violations,serious criminality, criminality. Also being part of a group or organizedcriminality. Occasionally due to financial issues, medical problems or evenbecause of some other relative. In those scenarios, you may not use forimmigration into Canada.
If you apply for immigration to Canada then yourapplication will be denied. Some options for inadmissibility they have a time limit. By way of instance, if somebody is inadmissible to Canada because ofmisrepresentation, then there’s a 60-month ban on these.
However, someinadmissibility into Canada it might endure for a very long time and in theoryforever. In those scenarios when the person would like to immigrate to Canada oneoption could be pursuing humanitarian and compassionate considerations. There are other times that it’s notabout inadmissibility to Canada but in fact it’s as you do not quitequalify to immigrate to Canada.
By way of instance, you want to host your grandparents or parents to Canada and you do not meet the fiscal needs or youwant to immigrate to Canada as a sponsored spouse but sadly yoursponsor had already been sponsored into Canada in the previous five years and heor she doesn’t qualify as a sponsor to host you.
Whether you cannot apply for immigrationto Canada due to inadmissibility or not fulfilling all essential criteria, youcould maybe consider humanitarian and compassionate considerations. However, you need to keep in mind that if inadmissibility is due to securityreasons; because of human rights violations or because of organizedcriminality H&C isn’t an option Let’s talk about the way that you canapply for C and H or humanitarian and compassionate considerations. Actually, theway that you apply depends upon where you are right now as the offender.
So if youare indoors Canada then you will need to prepare a bundle for humanitarian andcompassionate factors. There is a genuine form for C and H that you need tofill out and obviously plenty of supporting files that shows that youdeserve to be forgiven by the minister or the minister’s delegate that is theimmigration officer to become an immigrant to Canada regardless of yourinadmissibility or not fulfilling the qualifications.
That’s a massive package.Then if you prepare the package as I am documenting this video you need to submitthe package in newspaper to a visa office in British Columbia called the backlogreduction office. Whenever you are applying to a visaoffice outside Canada then you need to prepare your regular immigrationapplication and within that program you have to get a miniature bundle forhumanitarian and compassionate considerations.
You need to include everysingle record regarding your own humanitarian and compassionateconsiderations. Could you also use the H&C kind? Why not! It’s possible to use it and you need to allow the officer know that you’re aware this is an external Canadaapplication. However, you’re filling out the form to give them better thoughts aboutyour request.
From a legal point of view the H&Capplication falls under Section 25 sub 1 of the Immigration Act. And based tothat part of the Act, in case your program is within Canada, the officermust consider your request H&C but if your program is outsideCanada the officer”may” consider your H&C petition.
In other words, you maysubmit a program to a outside visa office and they totally discount yourrequest for H&C. Interestingly enough, for some ways of immigration,requesting H&C is almost not feasible. For instance, for an Express Entryapplication you don’t have much of a space to wiggle in terms of humanitarianand compassionate reasons, because the program will be processed bycomputer before even you upload your documents and if you do not meet therequirements you will never have the ability to apply.
However there are particular methods ofimmigration like for example the startup visa or like federal self-employed classthat you nevertheless may include your C and H requests but as I said becausethese are outside Canada applications unfortunately the officer could completelyignore your petition under the law. One significant issue that you need toknow about H&C software is that regrettably H&C programs have verylow success rate.
Probably roughly around 50 percent of these applications will beaccepted. So unfortunately, lots of the applications even those applicationsthat are shipped within Canada they will be refused. This is partially because manypeople use H&C applications as their last resort. By way of instance, they applyfor refugee course in Canada and their application is refused for refugee andthen they try H&C.
In those situations, the odds that those people getaccepted is near 0 percent in several instances unless they have really strong reasons andvery strong documents that convinces the law enforcement officer they deservepermanent residency under humanitarian and compassionate considerations. A typical H&C program inside Canada has two stages stage number-one whichtakes a very long time. Occasionally one and a half a year or two decades is that anofficer will examine the application to determine you deserve humanitarian andcompassionate considerations.
For example, if you’ve got a removal order fromCanada that removal order becomes unenforceable. This means that CBSA orpolice officers may not remove you from Canada anymore.
The stage 2includes some more documents from you to ensure you don’t have forexample medical issues assuming your inadmissibility was not for medicalreasons or such as your desktop checkother than those areas of inadmissibility which you’ve alreadyargued and received approval by the Minister under humanitarian andcompassionate factors. They accumulate all those documents and thenthey will accept you if they’re convinced that you have no other issuesbut those that they exempted you and you become a permanent resident ofCanada.
As this is an interior Canada application you don’t have to leaveCanada. You generally can visit an inland office and they’ll confirm yourConfirmation of Permanent Residency or you may think about doing flagpolling or ifyou want you can of course travel outside Canada and if you encounter backthey will validate your Proof of Permanent Residency.
So for outsideCanada software, when you employ if the officer realizes that you deserve aH&C then they will consider H&C and they’ll pay you for all those partsof your program it covers the H&C and cheated you. Of course, for therest of the program they will consider all the relevant laws and ifthey accept you then they will encourage you to travel to Canada and eventually become apermanent resident of Canada. If you don’t qualify for an H&Capplication then there may be some choices for you.
For example,application for a temporary resident permit which allows you to input Canadaon a temporary foundation. You will not become a permanent resident, but that’s anopportunity for you. In addition, in some areas of inadmissibilityyou sometimes can tackle the underlying issues as I mentioned such as formisrepresentation it is possible to wait five decades and then apply or if that is acriminality problem or serious criminality issue you could possibly apply forrehabilitation or you also be deemed rehabilitated and you do not even require togo throughout the H&C application procedure.
Keep that in mind. Can you make thoseapplications?
You can’t! Since the law doesn’t encourage that. Nonetheless, in some soft cases you might also include an H&C petition inyour application. So let’s say for instance, you do not quite meet thefinancial needs of a temporary resident visa, however, you’re also visitingyour dying parents in Canada and you really will need to be in their deathbed.
Inthose cases of course you can explain the situation and if the officeragrees together with you they will allow you to obtain the visa and return to Canada.Having stated that, like I mentioned under the law there’s not any specific provisionthat says that the officer is mandated to contemplate H&C for temporary visa ortemporary standing applications.
In terms of the documents you needto submit, for an H&C application, contemplate so many different facets. The hardship that’s bestowed to you due to not being inCanada or into your family and loved ones who are already inside Canadaand they’re separated from you. To put it differently, the hardship because of separationof relatives.
We also could check in the hardship in your home countryin terms of the issues that you are facing if you don’t immigrate toCanada. We are not focusing on components of discrimination or elements ofpersecution that allows you to apply for refugee in Canada but the elementsof hardship that are beyond the scope of refugee applications.
Likely thebest and strongest arguments are around the best interest of a kid so if thereis a kid involved into this application if that child belongsto the offender or the child belongs to the sponsors in Canada or at any othershape and sort that is directly associated with the application then you could andyou have to really introduce those arguments to the immigration authorities.
If you are already inside Canada, you need to show that your life isestablished in Canada. You need to show you’ve begun such as doingbusiness in Canada; Purchasing a location; You’ve got fiscal resources, and youhave lots of family members that they are a part of your circle of life and ofcourse if you leave Canada then you are going to lose all those.
If you’ve got forexample kids that are born in Canada who will also help you a great deal and that’spart of your attachment to Canada institution in Canada and the bestinterest for this kid. Another issue that you may contemplate our medicalmatters. So for instance, if you suffer from a health condition thatyour home nation is not able to provide you then you could present thatto the immigration authorities too.
The listing that I said is neitherinclusive nor exclusive. You have to look into many different aspects of your lifeand this particular immigration and your family in Canada if then try toexplain into the officer why most those together and jointly makes youeligible to be considered for humanitarian and compassionateconsiderations.
Sometimes a permanent resident of Canada does not satisfy their residency requirements. Quite simply they did not remain in Canada long enough to maintain their residency.
Inthose scenarios when that permanent resident applies for a PR traveldocument into Canada then they might introduce their diplomatic andcompassionate components of the application; why they have been absent fromCanada including the best interest of a child and if they persuade theimmigration officer they’ll issue them a PR travel record.
They can travel toCanada and reestablish their permanent residency.
If they have more and hope that the ImmigrationAppeal Division judge or member will approve their situation and will allow themto become again a permanent resident of Canada. In terms of permanent residency, HNC. The situation is different and we don’t actually refer to section 25 but werefer to section 28 of the Act.
Furthermore, if you’re a practitioner you might look into major decisions in terms of legislation to Canada by Supreme Court of Canadalike”Baker v Canada” and especially”Kanthasamy v Canada” which is a more recent decision by the Supreme Court of Canada and it especially discusses the matter of humanitarian and compassionate factors.
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My name is Al Parsai I’m a regulated Canadian immigration adviser. I’m the author of the bestseller book”88 Tips onImmigration into Canada” and I also instruct immigration consulting in Ashton College.