Refugee and Humanitarian

People who are not eligible to become permanent citizens of Canada can apply visa on basis of Humanitarian and compassionate grounds.

Humanitarian and compassionate Grounds

If anyone visa gets rejected under normal process then that person may apply visa under Humanitarian and compassionate grounds. However he must meet the following conditions as applicable.
  • The visa to visitor is being sponsored by a permanent resident or Canadian citizen
  • You are in relationship with your sponsor for more than 2 years
  • You don’t have children from common relationship
  • Lastly your application is for visa is submitted after October 25, 2012
Humanitarian and compassionate situation apply to people who have exceptional scenario. Application under this scheme will be reviewed very carefully. Let’s look into few factors which are important to consider visa application under Humanitarian and compassionate grounds. They are:
  • The sponsor – how well he is settled in Canada
  • Any family ties in Canada
  • Any situation or scenario which might affect children
  • What could happen if the applicant visa is rejected?
Recent changes to Canada immigration law have limited applications to under Humanitarian and compassionate grounds. Let’s understand those facts.
  • One can apply under H&C only if applying for permanent resident status and or applying for study abroad visa. Persons applying for temporary resident status can’t apply under H&C grounds.
  • No one can have a multiple visa application under H&C grounds. Only one application at a time.
  • H&C will not assess any risk factors such as racism, cruel or ill treatment.
  • You can’t apply under H&C if you have applied under refugee claim from Immigration and Refugee Board (IRB) and it is in pending state. If you apply under H&C you should withdraw your application under refugee claim and need to apply else it will be rejected.
  • You can’t apply if you have negative status from IRB board in last one year. If IRB has decided to abandon your case under refugee claim or withdrawn it counts as negative and you can’t apply for one year from the date of bar.
    • This bar can be removed only under 2 conditions, they are
      • If you have kid or children under 18 who might be affected adversely if you were asked to move out.
      • If you have dependent patient whose illness can’t be treated in your home country.
Under Canada’s law if group people try to enter Canada illegally which is called as irregular arrival and certain restrictions and laws apply to them.
If you get in Canada as an irregular interval, you will be designated as a foreign national. We can’t apply under H&C, until 5 years have been passed from the date of order.
  • The day you have been designated as foreign national.
  • The IRB has been given a negative decision on the refugee claim.
  • You got a negative decision on a pre-removal risk assessment (PRRA).

Removal orders
If you have order to move out of Canada then you may apply for visa under H&C and wait for it. However it does not change or does not extend your date to move out. It will be processed and will be informed to you by Canada immigration department about its decision.
It’s your duty to keep all the contact information up to date in the application so that you will be notified.
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