Humanitarian and Compassionate Consideration
Humanitarian and compassionate (H&C) consideration, under A25 and A25.1 of the IRPA, provides the flexibility to grant permanent residence status or a permanent resident visa to certain foreign nationals who would otherwise not qualify in any class, in cases in which there are compelling H&C grounds. Applicants may make submissions on any facts affecting their personal circumstances that they believe are relevant to their request for H&C consideration.
Foreign nationals who are inadmissible or who do not meet the requirements of the Act or Regulations may make a written request for consideration under A25(1). There are some restrictions with respect to examination of applications for H&C consideration.
The Humanitarian and Compassionate Assessment Establishment in Canada
Persons who apply for H&C in Canada may have spent an extended time in Canada and may claim to be well established. There is no hard and fast rule relating to the period of time in Canada but it is expected that a significant degree of establishment takes several years to achieve. Consider the following factors:
- The length of time the applicant has been in Canada
- Were the circumstances that led the applicant to remain in Canada beyond their control?
- Is, or was, the applicant the subject of a temporary suspension of removal (TSR)?
- To what degree has the applicant co-operated with the Government of Canada, particularly with regard to travel documents? Did the applicant wilfully lose or destroy travel documents? You may contact CBSA removals unit for more information about why applicant does not have a travel document.
- Does the applicant have a history of stable employment?
- Is there a pattern of sound financial management?
- Has the applicant remained in one community or moved around?
- Has the applicant integrated into the community through involvement in community organizations, voluntary services or other activities?
- Has the applicant undertaken any professional, linguistic or other studies that show integration into Canadian society?
- Do the applicant and their family members have a good civil record in Canada? (e.g. no criminal charges or interventions by law enforcement officers or other authorities for domestic violence or child abuse).
Positive H&C consideration may be warranted when the period of inability to leave Canada due to circumstances beyond the applicant’s control is of considerable duration and when there is evidence of a significant degree of establishment in Canada.
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