Although the Canadian Immigration Act has strict orders and regulations regarding who may or may not be considered admissible to the country, the same laws allow the visa for humanitarian and compassionate reasons to people who want to be residents of Canada but do not obtain qualifications to apply for residency.
In this article, I want to explain the visa for humanitarian and compassionate reasons and who is eligible before the Canadian government.
Humanitarian and Compassionate Visa
This visa applies to applicants who cannot apply for Canadian permanent residence through any other program, as they need the requirements. Applicants may apply for permanent residence in Canada based on compassionate and humanitarian grounds. The visa for humanitarian reasons is a path that incorporates and considers exceptional circumstances.
The eligibility criteria for the humanitarian and compassionate application depend on different considerations. Section 25 of the Canada Immigration and Refugee Protection Act (IRPA) allows immigrants to obtain the right to apply for permanent residence on humanitarian and compassionate grounds.
The Canadian government can consider several factors when evaluating a humane and compassionate application. Some factors are:
– Work experience in Canada
– The best interests of the child and strong links with Canada
– Family and religious participation
– Among others.
Who can apply for this visa?
There are no hard and fast laws about who can and cannot apply for this visa. And although it is open to anyone, the criteria are challenging. On the other hand, the Immigration Officer who reviews the applications has the power to discriminate or approve at his discretion.
Although many people believe this type of application is the best or most straightforward way to apply, this can be one of the most demanding applications to be considered because the Immigration Officer has the power of discretion. And what may be a good reason for a third party may be different for the public employee.
Let’s review the variants.
- Applications for this type of visa are generally reserved for the applicant, who may be the eldest son or daughter of applicants with a green light for permanent residence in Canada. These children should not depend on their parents as they will be left entirely alone in their country of origin when their family immigrates. Or for a family member who has been considered a family member for many years by a permanent resident. It is understood that, in this case, blood ties are not necessary.
- Another example is that of an undocumented immigrant who has been living in Canada for several years without a position but has nevertheless been able to secure steady employment, learn the language, integrate into Canadian society, establish himself financially, and have what the Immigration Officer considers to be a good reason why the applicant cannot apply for residency from abroad.
- Time you have been residing in Canada
- Relations with the community (education and family ties)
- Difficulties he will face upon returning to his country of origin (unemployment, fear of persecution, social and religious difficulties)
- Possible medical or health treatment to be treated in Canada
- Family affectation due to relocation to a country other than Canada
- Possible difficulties that you will face if you return to the country of origin
This list is incomplete. You must prioritize showing that you have created solid ties and integrated into Canada.
Supporting documents play a crucial role in your application. The papers are the evidence that will ensure that the application is viable. The following documents will be needed to be eligible:
- Supporting letters from family members confirming the information in your application that qualifies for the difficulty of rejecting the application and the strength of the relationship with the applicant.
- Letters of support from the community and friends confirm the close relationship with the applicant. The letter should also include the applicant’s role in volunteer groups, social activities, and religious organizations.
- Letter of employment from the employer detailing the nature of the work and proof of income.
- All letters must be written, dated and personally signed by the author. In addition, the letter must also explain the author’s relationship to the applicant.
- If the applicant has children, he must provide essential documents such as report cards, school participation certificates, letters from friends and teachers from school and after-school events.
- Applicant must provide photos in Canada with social groups, friends and family.
Who can’t apply?
The following applicants are not eligible for the H&C application if they:
- You are a temporary resident of Canada.
- You have a pending refugee claim.
- The Immigration Review Board has rejected you in the last 12 months.
- You have an adverse medical condition.
On my website, I share the best immigration tips dedicated to helping you become a permanent resident of Canada. Contact me now to see if you qualify.