Permanent Residence under Humanitarian and Compassionate (H&C) grounds in Canada

Hi everybody
today I wanted to make a video on humanitarian and compassionate
applications this is an application that is an exceptional application under
Canadian immigration law it’s an application for foreign nationals who are in
Canada and who don’t meet the requirements of other immigration
applications for example economic immigration applications or sponsorships
work permits or study permits and sometimes some people do not qualify for
those applications anymore because they have been in Canada out of status for
some time due to various reasons they didn’t renew their paperwork,
somebody made a mistake and giving them bad advice they got confused
they let the time run out and it could be a lot of different reasons so
sometimes people travel to Canada on visitor status or they come and make a
refugee claim and they’re refused but then they end up staying here a lot of
that is happening in Canada right now you can see that in news or they do
other applications thinking their fault they’re their qualifying that they are
refusing ultimately all of this leads to people foreign nationals being in Canada
without any legal status, some leave and then some stay in Canada for some
time either because they build a life here for themselves
a lot of them they don’t want to go back to their country for different reasons
some people get married and have children and all their children are
Canadian and going to school some people might have certain health issues I have
a lot of clients that are for example I do H&C applications for elderly
parents who don’t have anybody back home who are taking care of them and become
for example let’s say to visit their children here and then they become
very dependent about their children so now they’re older and their children
here or one child here or one person here is the one person caring for them
so they end up staying and it’s impossible or it could be very difficult
for them to go back home where they’re going to be alone and no one’s gonna
take care of them so H&C applications applicants are very diverse
it can be a lot of different situations every situation is unique I would say
there’s no two H&C applicants that I’ve seen that are the same the facts
are it could be very very different so if you came to Canada whatever reason or
you were in Canada and now you’re out of status and you’ve been in Canada for a
long time this is not an application for people that have been here a couple of
weeks or a couple of months it’s really it has to be sometime usually it’s a
couple of years we could do an application if you have been here a
short period of time but it’s really gonna depend on the facts for example
for elderly parents will just be taken care of that could be a situation where
if you haven’t been here that long we could look into the option of a
humanitarian application but usually it’s people that I’ve been here some
time and they’re really integrated they are integrated into Canadian society
they’re established here and they have friends they may or may not have family
but they’ve developed a network of friends for example they’re part of a
community, a temple or a church or a spiritual organization they’re working
they’re involved in things that every Canadian usually is doing so this is
these are fact that the officer is going to look at when assessing humanitarian
and compassionate application and the officer is also going to look at what is
the hardship if this person were to return to their home country at this
point is it going to be extremely difficult for them is it going to be
very very hard so there’s a compassionate empathetic view of the
application that is done by the officer now not all officers are able to apply
the proper test but this is why as lawyers we try our best to submit really
really strong applications to really demonstrate that this is a person that’s
going to suffer if they go back home so we demonstrate that with photos, through reference
letters, to documents to our submission letter so we put information about what
the person has been doing in Canada what are the people that are going to be
impacted if this person has to all of a sudden leave and if this person goes
back to their home country are they going to suffer
are they going to be able to reintegrate their their their community over there
or is there no longer a community that’s going to support them are they’re gonna
have financial hardship I have some clients here who work here and send
money abroad to their children or adoptive children or nieces and nephews
are people that are dependent on them or parents or siblings that have maybe
mental health issues so the fact that they’re here is very important because
they’re maintaining and sustaining the life of other people outside Canada so
that’s that’s very important and we can show that with the money transfers with
information with affidavits and reference letters
so it’s something an H&C application is something that looks at all of the
components of an applicant and different facts around the story but it’s very
important that if you are considering a humanitarian and compassionate application that you
really consult with an expert representative, a lawyer to really say
okay this is the story this is what I’m going through this is what I’m feeling
this is my life and what are my options would a humanitarian make sense
you know sometimes I see a student that come here on a study permit they’re 20
21 years old they don’t go to school they drop out and then they come to my
office and say I want to apply for humanitarian application and they’ve
been here like six months eight months that’s not that’s not what a
humanitarian application is for it’s really an exception that was created in
the law to really help people that are suffering that could suffer if they
leave and and that are established here and they have a life here and they’re
living a life here that any other permanent resident or Canadian is living
so it’s very important to look at these details because we can’t just submit an
application without thinking about these things once we apply it takes some time
for the officer to open the file to look at it and if you do have a refusal on
your application humanitarian then the removal proceedings can get started and
it could cause even more hardship for these people so it’s really important
for the applicant himself/herself to really come
forward with all the facts but it’s very important for lawyers and
representatives to ask the right questions to make sure that these
applicants are qualifying for this application thank you and see you next


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