GLOBE IMMIGRATION

The Immigration Legislation includes a provision aimed at safeguarding individuals on Humanitarian and Compassionate (H&C) grounds, which is a crucial aspect of the Act. This provision allows individuals who might not otherwise be eligible to apply for Permanent Residence (PR).

Eligibility Criteria

Those individuals who find themselves in Canada without legal status, having resided in the country for at least three years, may be considered suitable candidates to apply for PR through H&C.

Legal Test

Applicants must demonstrate unequivocally that they would face unusual and disproportionate hardship if compelled to leave Canada.

Application Process

The application is evaluated based on the information provided by the applicant, considering their personal circumstances. Approval for PR on H&C grounds is granted only in exceptional cases, and the processing time can be lengthy.

Factors Considered

Several factors are taken into account during the assessment:

• Employment stability history
• Financial management patterns
• Integration into the community through involvement in organizations or volunteer activities
• Potential hardships if the visa exemption application is denied, including the level of support in the home country, ability to work, and level of establishment in Canada.

Best Interests of the Child

Additionally, Immigration Legislation mandates consideration of the best interests of the child in H&C applications. This is a significant factor that can be emphasized during the application process.

While there is no guarantee of approval, in cases of refusal, seeking a review from the Federal Court of Canada may be advisable. Many in-land H&C applications rely heavily on factors such as economic and cultural establishment in Canada.

To learn more about the above or preparing an application, contact Globe Immigration today!