Humanitarian and compassionate (“H&C”) is a way to address your inadmissibility issues. The process considers whether you have enough H&C grounds that outweigh those issues.
You may start a humanitarian and compassionate application when you are found inadmissible, and either have to leave Canada or are not allowed to return to Canada.
Grounds for Humanitarian and Compassionate consideration
Some of the H&C grounds may include:
1. Establishment in Canada. The establishment may include education, work experience, property, etc.
2. Ties to Canada. Ties to Canada may include jobs, business, family members, friends, community engagement, etc.
3. The hardship if removed from Canada. For example, if someone requires medical treatment that is not available in the country they will be returning to. Please note that the trouble of relocating is usually not considered a hardship.
4. The best interest of the child. This examines whether removing someone from Canada will directly or indirectly impact a child.
Sometimes, ties to the country of origin/residence may also be considered.
When you prepare your case, you shall present all H&C grounds available to you.
When Humanitarian and Compassionate may be considered
You may request H&C consideration when you apply for permanent residency to Immigration, Refugees and Citizenship Canada (IRCC).
H&C consideration is also available if you have a removal order appeal, sponsorship appeal, and residency obligation appeal with the Immigration and Refugee Board.
You are not eligible for H&C consideration if:
1. You apply for temporary resident status.
2. You are a refugee claimant until 12 months have passed since your claim has been denied, withdrawn, or considered abandoned.
3. You are found inadmissible due to security, violation of international and human rights, and organized criminality.
Effect of Humanitarian and Compassionate consideration
If you have sufficient H&C grounds that outweigh your inadmissibility issues, you will be allowed to remain or enter Canada. Therefore, it is not necessary to address your inadmissibility for your H&C request.
What we can do to help LGBTQ with Humanitarian and Compassionate applications
You shall prepare your H&C request with extra care because it might be your last chance. We personalize our services for you based on your background, which may include any of the followings:
1. Help you determine whether you are eligible for H&C consideration,
2. If you are not eligible, we help you determine other possible remedies to challenge your inadmissibility,
3. Conduct legal research for case law that may helpful for your request,
4. Help you gather the supporting documents required for your request. If the supporting documents are not available, we will provide you with advice as to how to preserve them,
5. Provide other advice and instructions as needed, and
6. Complete, prepare, organize, and submit your request on your behalf.
Book an appointment for an initial assessment today or contact us directly.