Humanitarian & Compassionate Grounds Application in Canada

The Humanitarian and Compassionate (H&C) Grounds application in Canada is a process that allows individuals who are not eligible for immigration status or who are facing removal from Canada to apply for permanent residence on humanitarian and compassionate grounds. Here are the key details about the H&C Grounds application:

  1. Eligibility Criteria: To be eligible to apply for permanent residence on H&C grounds, individuals must demonstrate that they would experience unusual and undeserved hardship if they were required to leave Canada. Factors that may be considered include:

    a. Establishment in Canada, such as family ties, employment, community connections, and length of residence.

    b. Best interests of any children directly affected by the decision.

    c. Factors contributing to the applicant’s hardship, such as medical conditions, risk of persecution, or inability to return to their home country due to humanitarian or safety concerns.

  2. Application Process: The H&C Grounds application is submitted to Immigration, Refugees and Citizenship Canada (IRCC) and is typically accompanied by supporting documents and evidence to substantiate the applicant’s claims of hardship and the reasons why they should be allowed to remain in Canada on humanitarian and compassionate grounds.

  3. Decision Process: IRCC assesses H&C Grounds applications on a case-by-case basis, taking into consideration the unique circumstances and merits of each application. If the application is approved, the applicant may be granted permanent residence in Canada. However, if the application is refused, the applicant may explore other options, such as appealing the decision or seeking judicial review.

  4. Appeals and Reviews: If an H&C Grounds application is refused, applicants have the right to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). Alternatively, they may request a judicial review by the Federal Court of Canada.

  5. Exemptions: In some cases, individuals may be exempt from certain requirements, such as medical examinations or language proficiency tests, if they are applying for permanent residence on H&C grounds.

  6. Temporary Resident Permit (TRP): While an H&C Grounds application is being processed, individuals facing removal from Canada may apply for a Temporary Resident Permit (TRP) to temporarily remain in the country. A TRP allows individuals to stay in Canada for a specified period and may be issued based on humanitarian or compassionate considerations.

Overall, the H&C Grounds application provides a mechanism for individuals facing exceptional circumstances to seek relief and obtain permanent residence in Canada based on humanitarian and compassionate grounds. It serves as an avenue for addressing cases where strict application of immigration rules may result in undue hardship or injustice.

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