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Foreign nationals who would not normally be admissible or who does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) or the Immigration and Refugee Protection Regulations (IRPR) to become a permanent resident of Canada may apply for a permanent resident visa based on humanitarian and compassionate (HnC) grounds or considerations.

Through this application, the Minister of Immigration, Refugees and Citizenship Canada may grant a foreign national permanent residence or an exemption from any applicable criteria or obligations of the IRPA and/or IRPR.

Humanitarian and Compassionate Grounds Application

The assessment of a humanitarian and compassionate application is highly subjective and based upon the foreign national’s particular circumstances and documentation presented in support of those circumstances.  The burden of proof lies with the foreign national to show that sufficient humanitarian and compassionate considerations exist to justify granting the exemption(s) sought and/or the permanent resident status in Canada; that is considerations which would excite in a reasonable Canadian a desire to relieve the foreign national’s misfortunes.

Immigration and/or visa officers making humanitarian and compassionate determinations consider and weigh substantively the following facts and factors, among others:

  • length of the foreign national’s sojourn in Canada;

  • circumstances beyond the foreign national’s control which led them to remain in Canada;

  • whether the foreign national is the subject of a temporary suspension of removal or of an administrative deferral of removal;

  • the degree to which the foreign national co-operated with immigration authorities during their sojourn in Canada, as the case may be;

  • length of settlement in one community;

  • presence of family members in Canada;

  • best interest of children involved, as applicable;

  • language skills in English and/or French;

  • integration into the community through involvement with organizations and/or voluntary work;

  • studies in Canada;

  • history of stable employment;

  • pattern of reasonable financial management; and,

  • consequences onto the foreign national if the request is denied.

If you would like to learn more about obtaining permanent residence or an exemption from any applicable criteria or obligations of the IRPA and/or IRPR based on humanitarian and compassionate grounds or considerations, our immigration lawyers at Boghossian Morais LLP have the experience to help you. We will work to ensure your application demonstrates your eligibility and merit for receiving a humanitarian and compassionate exemption(s) sought.

Applications for permanent residence based on HnC

Applications for permanent residence based on HnC grounds or considerations compose one of the most dynamic aspects of the immigration law practice and require ingenious, sensible, and sound factual and legal submissions. In order to achieve a positive result, immigration lawyers must display original thinking and prudence in writing compelling factual and legal arguments which would engage an immigration or visa officer to ask themselves, with a compassionate and analytical mind, the question: ‘how would I feel if I were this foreign national?’

For this reason, it is essential that your HnC application contains all critical arguments advanced through factual and legal submissions – along with complete and adequate supporting documentation, so as to establish that you are both eligible for and merit the exemption(s) sought.

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