The immigration programs in Canada may require a hefty amount of investment, but, that does not restrict the immigrants from applying for a new life in Canada. People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate grounds.
Following rules apply to humanitarian and compassionate grounds:
– You are only eligible for humanitarian and compassionate grounds if you are applying for a permanent resident status in Canada or for permanent resident visas abroad. The H&C applications of temporary resident applicants would not be considered.
– You cannot apply for more than one humanitarian and compassionate grounds application at the same time.
– The risk factors will be analyzed, such as persecution, risk to life, cruel and unusual treatment or punishment.
– Having a pending refugee claim will dismantle your chance to apply for humanitarian and compassionate grounds. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
– You must fall under the “one year bar” regulation, which states that you cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months.
Individuals without legal status would be eligible for H & Cs if they have established themselves in Canada under following criterias:
Family relations to Canadian permanent residents or Canadian citizens
Employment in Canada without a valid Canadian work permit
Education in Canada without a valid Study Permit
Volunteer work in Canada
Upgrade of English or French skills
Property in Canada
Applications can take around 18-24 months to process, but sometimes longer depending on the case.
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