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In Canada, the Humanitarian and Compassionate Reasons application is not just another immigration program; it is an exceptional measure for unique cases of extreme hardship.
Generally, it applies to those who have to leave their country of origin; however, there are those who use it as a "wild card" to obtain permanent status, something that can take 10 years or more.
Below, we will discuss what is involved in applying for permanent residence on Humanitarian and Compassionate Grounds (H&C), whether you are inside or outside Quebec. Read with me to the end and discover the consequences of this process, especially those related to immigration status and travel.
The Humanitarian and Compassionate Grounds application, abbreviated H&C: Humanitarian and Compassionate Grounds, is a special petition to Immigration, Refugees and Citizenship Canada (RCC) from individuals who do not qualify for traditional immigration programs, or who are inadmissible to apply for permanent residence from Canada or abroad.
The focus of this application is to demonstrate that your situation is exceptional. You must prove that you would suffer extreme hardship or serious problems if you were forced to leave Canada. This is a route of last resort that can take years, not an easy alternative, as many people think.
Filing an application for permanent residence through H&C does not automatically grant you any kind of valid immigration status. This is the most important implication.
The processing time for refugees is about 9 years . Currently, as of the date of publication of this article, waiting times for humanitarian processing exceed 10 years, and can even be more than 20 years.
If you are in Canada on a study, work or tourist permit, you are required to extend and keep your permit valid throughout that very long waiting period.
The risk is if your work or study permit expires, or if your tourist status runs out and you fail to extend it (i.e., you are left without valid immigration status ), as you may be subject to an order to leave the country.
That is why you should think at all times about keeping your status in Canada valid without interruption.
The central argument of an H&C application is that your attachment to Canada is greater than anything that would force you to return to your home country. If you launch this application, you are saying that returning to your home country would cause you extreme hardship.
Therefore, if you travel to your home country to see your family or for any reason while the process is pending, the officer assessing your case may view it negatively by interpreting that if you finally had reason to leave Canada and return to your home country, then the extreme hardship you allege is not so severe. Something that may negatively impact the final assessment.
Many people inquire about the humanitarian route when permanent residency through Express Entry or provincial nomination seems too complicated.
Express Entry is the system of direct entry to Canada and works with a score that is usually very competitive and there are those who do not achieve the minimum required, so they seek more "friendly" alternatives to obtain permanent residence.
But this is not necessarily a pathway if the person cannot demonstrate that he or she is at extreme risk of returning to his or her home country. IRCC only approves truly exceptional situations and approval rates are usually low. An H&C application requires strong documentation and a rigorous legal argument to convince the IRCC officer that your case warrants an exception to the law. Your argument must go beyond "it would be difficult" and prove that you would suffer disproportionate harm.
If you still wish to use this resource, take into account these implications so that you can evaluate your step-by-step process with a chance of success.
Immiland Law Professional Corporation is our immigration services firm. We are committed to new immigrants to Canada to help them settle in this country.
If you need us to take care of your H&C application process, you can contact us at this link: https://www.immilandcanada.com/law/contacto.
Our team will evaluate whether your case is strong enough to justify this exceptional path and will seek the legal solutions that best suit your profile, always based on the fact that you know all the implications of this path and what other immigration routes apply to your case.
Visit our website: https://www.immilandcanada.com/law/inicio for more immigration services.
I hope this topic will be useful and that you will be able to obtain your permanent residency status soon and through the most convenient legal path.
Thank you for reading us. We look forward to seeing you in our next blog.
With love,
Immiland Law Professional Corporation
