The last weapon - H&C application for permanent residency of Canada.
What is H&C application?
It is an application based on Humanitarian and Compassionate grounds which can be made in some circumstances and provide a pathway to permanent residency for those who otherwise lack legal status and are not eligible to apply for permanent residency through other immigration programs.
The applicants are required to demonstrate that they have compelling reasons for remaining in Canada, some aspects of the application that will be considered are:
- Establishment in Canada
- Family ties in Canada
- Best interest of minor children.
- Any hardship the applicant would suffer in their home country.
- The country conditions of country of the applicant.
Section 25 of the Immigration and Refugee Protection Act (“IRPA”) provides for humanitarian and compassionate considerations relating to the foreign nationals.
Below are a few examples of scenarios where you might seek H&C relief:
- Seeking exemption from LICO requirements in some cases.
- Seeking exemptions from criminal inadmissibility.
- Seeking to stay in Canada because of the hardship/country conditions of returning to one’s home country;
- Seeking exemptions from a serious medical condition that may cause excess demand on our health or social services.
- Overcoming misrepresentation
This blog is only for information and is not legal advice and should not be relied upon as such. Contact us for legal advice on your case based on your particular situation.
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