Permanent Residence on Humanitarian and Compassionate Grounds

Permanent Residence on Humanitarian and Compassionate Grounds

In exceptional circumstances, primarily when a foreign national does not qualify to become a permanent resident under existing Canadian immigration programs, they may apply to become a permanent resident on humanitarian and compassionate grounds.

Several relevant factors are considered for this exception. Additionally, individuals whose application for permanent residence was refused because they are inadmissible may try again using humanitarian and compassionate grounds, if any exist in their case.

Eligibility for Humanitarian and Compassionate Grounds Permanent Residence Application

• Immigration Status: Nationals of any country, whether inside or outside Canada.‍
• Not qualified for permanent residence under existing immigration programs: There are many federal and provincial immigration pathways leading to permanent residence status. Each program has its criteria and, in many cases, points, and candidates should consider applying under one of those categories. If, however, there are absolutely no viable immigration options available at present, but the candidate can demonstrate relevant humanitarian and compassionate considerations, they may obtain Canadian permanent resident status as an exception from the general rule to apply under one of the existing Canadian immigration programs.‍
• Relevant Grounds: The list of relevant humanitarian and compassionate considerations is not exhaustive. Common factors include: level of establishment in Canada, existing ties to Canada, the best interests of any child, Canadian or not, directly affected by the decision on humanitarian and compassionate grounds, relevant factors in a country of origin such as adverse country conditions applicable to the applicant, health considerations including an inability of a country to provide medical treatment, family violence considerations, consequences of the separation of relatives in Canada, inability to leave Canada that has led to establishment and ability to establish in Canada, and any other unique or exceptional circumstances.‍
• Exclusions (Not Eligible): Nationals who have a pending refugee claim or became designated nationals within the last five years. Foreign nationals who were found inadmissible on security grounds, on grounds of violating human or international rights, on grounds of sanctions, or on grounds of organized criminality cannot rely on humanitarian and compassionate grounds.

Humanitarian and Compassionate Grounds Application: Documents, Application Process, and Timeline

The application for permanent residence will require the following main documents:

• Immigration application forms.
• Passport.
• Immigration status documents, if applicable.
• Supporting documents demonstrating humanitarian and compassionate grounds. The more factors that can be demonstrated the better, however, each case is unique.
• Detailed submissions explaining the eligibility and grounds.
• Medical examination, if applicable.
• Police certificate, if applicable.
• Digital photo.
• Receipt for application processing fee payment.

This list represents a very general guide and basic set of supporting documents required. The humanitarian and compassionate grounds application is complex, so it is important to get assistance from a lawyer in preparing legal submissions and guiding on supporting documents. Depending on the unique circumstances of each case, a specific set of documents will be required to prove grounds. It wouldn’t be sufficient just to mention humanitarian and compassionate grounds; it is essential to provide evidence to get a positive assessment.

Applicants must submit the application for permanent residence on humanitarian and compassionate grounds online. Processing times vary depending on the workload at the Canadian case processing center or the Canadian embassy, high commission, or consulate abroad.

For applicants in Canada whose application was approved in principle during the first stage, they can obtain an open work permit while waiting for the final decision.

If an application for permanent residence was approved on humanitarian and compassionate grounds, the applicants will obtain a permanent residence card and can eventually become a Canadian citizen.

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Call us at +1-416-915-0808 or email us at info@leromlaw.com for additional information you need to begin the process.