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Compassionate route to a visa |
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In most instances, people who wish to apply for Canadian permanent
residence must apply for and be approved for an immigrant visa before
they come to Canada. However, for some people who are already here,
returning to their country of origin is not feasible and therefore
commencing an application from overseas is just not possible. What are
these people to do?
 The Humanitarian & Compassionate Case is for people already in Canada who would suffer excessive and undue hardship if they had to return to their country of origin to obtain their Canadian immigrant visa.
An applicant may qualify for an exemption from the normal requirement of obtaining an immigrant visa prior to coming to Canada, if they are able to illustrate exceptional circumstances which are beyond their control.
What would classify as exceptional circumstances?
Although each case will be individually considered based upon the circumstances of the applicant, here are some general factors which could be considered.
The lack of ties to the applicant’s country of origin. Questions such as, has the applicant returned to their country of origin on many occasions since their initial entry into Canada, do they have family in their country of origin, are they able to speak the language, and would they be able to re-settle and find employment if made to return to obtain visa.
The level of establishment the applicant has in Canada. Do they speak one of Canada’s official languages, are they involved in their community, does the applicant have a history of employment in Canada, and how well has the applicant integrated into Canadian society, are just a few of the questions an officer may consider when assessing a Humanitarian & Compassionate application.
The location of a person’s family members. Do they have family that is established in Canada? Would the applicant qualify as a member of the family class if they applied for the visa outside of Canada? What is the current immigration status of the prospective applicant and their family members in Canada?
Humanitarian & Compassionate Cases allow for the applicant to be sponsored by a family member. Although an approved sponsorship is not a requirement, it may assist an applicant in their application. Alternately, an approved sponsorship application does not guarantee that a Humanitarian & Compassionate Case will be approved.
When assessing the undue or excessive hardships of an applicant, the officer must also consider the purpose of the Immigration and Refugee Protection Act, which is to preserve and maintain the health, safety, and good order of Canadian Society.
Financial reasons are not considered exceptional, if a prospective immigrant simply does not have the money to return to their country of origin, it is very unlikely that they will be granted an exemption. The inconvenience of applying outside of Canada is not considered an excessive hardship either.
The application process for a Humanitarian & Compassionate case is two-fold. First the applicant must satisfy the officer that their circumstances are exceptional enough to warrant an exception and second, they must satisfy an Officer that they qualify as a Permanent Resident to Canada.
Humanitarian & Compassionate Cases may be the answer for some prospective
immigrants who would face exceptional circumstances should they be required to apply for a permanent immigrant visa from outside of Canada, as it provides an applicant with an opportunity to tell their story and to be assessed for permanent residence on factors in addition to the normal requirements.
By no means however, should the Humanitarian & Compassionate Case be considered as a last resort for prospective immigrants.
About the author: Lesley Love practices immigration law with the firm of Pavey Law and Wannop LLP in Kitchener, Ontario. If you have a question you'd like answered, please post in the forums.
The number of questions answered will depend on their usefulness to a
wider audience as well as on Ms Love's time. If you wish to contact her
on a professional basis, you may do so either via our either via our Contact form, or directly through the Pavey Law and Wannop website.
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