Humanitarian and Compassionate Applications

What are Humanitarian and Compassionate Applications?

A Humanitarian and Compassionate Application (H&C) allows for an applicant to stay in Canada on humanitarian and compassionate grounds. It is used in exceptional cases. It enables the applicant to apply for their permanent residence on the grounds of H&C and is used for those individuals who do not meet the requirements under any of the other permanent residence categories. H&C application is available also to convention refugees and persons in risk of persecution.  

Getting Started

Before an individual begins an H&C application, there are a number of factors to understand first:

-          Unless waiting for a decision on a Pre-Removal Risk Assessment Application, an H&C application does not prevent deportation.

-          H&C decisions are determined on a case-by-case basis.

-          There must be sufficient and relevant proof pertaining to the H&C grounds.

      There is a government processing fee of $550 per adult and $150 per child.

How to build a strong humanitarian and compassionate application

A strong application begins with the right reasons for applying. An H&C application is usually made as a last resort and the applicant must show/prove the immediate need to stay in Canada. There is an endless list of reasons to apply under an H&C application. The two most common ones are used by refugee applicants and they are hardship and risk.

Hardship includes a situation where an applicant is or will face serious problem and suffering should he or she be forced to move back to their home country. This can include reasons such as no government in charge, not recognized as a citizen in your home country anymore, medical hardship, need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada, belief you would endure unusual/undeserved hardship if you are not granted the exemption, etc. 

Medical hardship is not always a reason to apply under H&C grounds. A reason to use medical hardship is if you or a family member risk death by returning to your home country due to poor or no medical treatment. 

To prove hardship an applicant must display that they are well-established in Canada. As each case is different, it is important to provide the best evidence displaying your circumstances. Proving your hardship and establishment in Canada is dependent on factors that you present to Citizenship and Immigration Canada (CIC). 

For example:

-          How long the applicant has lived in Canada.

-          Collecting welfare, if applicable.

-          Ability to understand and speak English/ French and taking action to improve in them.

-          Improve/ further education while in Canada

-          Any relatives in Canada and if you are in contact with them

-          Any Canadian-born children.

-          How much family you have in your home country and if you are in contact with them.

-          Any jobs in Canada/ keeping up with tax payments.

-          Current employment.

-          Any assets abroad.

-          References from people in Canada. (ie. Teachers, friends, work, volunteer etc.)

-          Community involvement.

-          Specific hardship faced if returned to home country. (ie. Being a woman and having limited rights)

This list is non-exhaustive and can continue on for whatever reasons an applicant has that would make him/her face hardship should they return to their home country.

Applying under H&C ground because of risk means that you cannot return to your home country because of at least one of the following:

-          Persecution

-          Torture

-          Risk to life

-          Risk of cruel or unusual punishment

Should the applicant have a PRRA application, they do not risk deportation until a decision is made on that case. PRRA officers only consider new evidence should you already have had a refugee hearing. However, they can sometimes consider important evidence pivotal to your case that was not available during a refugee hearing (eg. Medical evidence, proof of torture etc). If you are in Canada and have not yet made a refugee claim, do so immediately. You must display that you are in immediate danger of persecution and not delay on this matter.

Children

A Canadian immigration officer is bound to consider the best interests of a child. Should you have children involved in your case ensure to display:

-          Any ties the child has to Canada

-          If the child was born in Canada

-          Is the child attending school in Canada?

-          Have they ever been to your home country?

Common Mistakes

Many applications are refused for minuscule mistakes or inadequate information. Ensure that you submit a strong application and avoid making the following common mistakes.

• -          The applicant’s only or main ties to Canada is their job and paid taxes.
• -          The applicant has been on welfare for a long period of time.
• -          Criminal activity.
• -          Not personally affected by persecution or human rights in home country.
• -          Not disclosing ALL relevant information (even if it is weak).
• -          Misrepresenting yourself/situation.
• -          Basing claim on poor educational facilities and poor employment opportunities.
• -          Not filing application in time.
• -          Have a pending refugee claim.

How we can help

If any of the following mistakes seem like something that would apply to you it may be best to not consider applying or hiring a lawyer to represent you. There are many advantages in hiring a lawyer and at A. Princewill Law Firm, we know how to assist you in turning a weak H&C application into a strong one. 

Let our immigration lawyers and dedicated team of staff help you overcome a weak application and put together a strong application that addresses all your hardships/risks. We know what CIC is looking for and we will effectively analyze your situation to point out any weaknesses. 

Book a consultation today to get started! 

Canadian Citizenship

Eligibility for Canadian Citizenship

There are six (6) criteria that an applicant must meet to be eligible for Canadian Citizenship.

1. 1.       Age

An applicant must be at least 18 years old to apply for Canadian citizenship. If the applicant is under 18, a parent/ legal guardian can apply on their behalf, provided the child is a permanent resident and at least one of the parents is a Canadian citizen or is applying for citizenship at the same time.

1. 2.       Permanent Resident Status

The applicant must be a permanent resident in Canada and must not be under review for immigration issues or under a removal order.

1. 3.       Time you have lived in Canada

An applicant for Canadian citizenship must have resided in Canada for a total of three (3) years in the last four (4) years. This that a person applying to become a citizen of Canada must have lived in Canada for a minimum of 1095 days in the last four years.

1. 4.       Language Skills

As Canada has two (2) official languages, an applicant must show they know at least one (1) of the languages in adequate ability and provide documentation to prove this. In addition, an immigration officer will be testing the applicant’s ability to speak either English or French during the interview.

1. 5.       Criminal History

Should an applicant have any indictable criminal history in the last three (3) years, be under review for immigration fraud, under a removal order, being investigated, or has had citizenship revoked, then they are not eligible to apply for Canadian citizen.

1. 6.       Canadian Citizenship Test

An applicant between the ages of 18-54 must show their knowledge of Canada and the privileges and responsibilities of acquiring Citizenship. This is displayed through a written test on citizenship. Citizenship and Immigration Canada will provide you with a study guide which can also be assessed on line by clicking on Discover Canada.  

Processing Time for Canadian Citizenship Applications

The current processing time for complete citizenship applications is 24 months. This time can increase if your application raises any questions or concerns that Citizenship and Immigration requires clarification on.

Documentation

In addition to the Canadian Citizenship Application form and payment of for processing fees. See below for supporting documentation required for your application package.

-          Copy of your Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292 or IMM 5688)

-          Copy of Permanent Resident Card (PRC), if you have one

-          Original results of an official language test taken (keep in mind that CIC will only accept results of certain third-party institutions that offer these tests. For example, Canadian English Language Proficiency Index Program General Test)

-          Proof of completion of either French or English secondary and post-secondary education (in Canada or abroad). This can be either a diploma, degree, transcript.

-          Copy of passport

-          Official Education records if you attended school within the last four years of applying

-          Two (2) pieces of personal identification (For example, drivers licence, Canadian health card, copy of passport etc.)

-          Two (2) identical citizenship photographs, see specifications on CIC website

-          Any and all documents or proof that display you have settled in Canada and have established ties to the country. (For example, copy of gym membership, copy of employment contract, any membership cards, property ownership etc.)

The information provided above can seem overwhelming. You may not think you are even eligible because you have been working outside of the country or you travel a lot. It is easy to make a mistake and delay or bar yourself from applying for citizenship but many people who believe they are not eligible, in fact, are!

Let us help you! At A. Princewill Law Firm, we know how important it is to get your Canadian citizenship and that it sometimes can be a frustrating process. We know the ins and outs of the application process and can help you monitor your application once you submit it as well. We will assist you in obtaining documentation that will strengthen your application for you and your family. 

Permanent Residence Card Renewal | Residency Obligation

Issue: 

"I want to renew my PR Card but I do not have the required number of days. I need your help."

Solution: 

The Immigration and Refugee Protection Act requires you to have a minimum of 730 days of residence in Canada for any given 5 year period. This is referred to as your residency obligation. 

You meet your residency obligations if you were physically present in Canada for a least 730 days. If you were absent from in Canada and have less than 730 days of physical presence, you could still meet your residency obligation if you were outside Canada because you were accompanying a family member who is a Canadian citizen, or accompanying a family member who is a permanent resident and who is employed by a Canadian business or a Canadian provincial or federal government civil service. 

You can also meet your residency obligation if you were outside of Canada because you were employed outside Canada by a Canadian business or a Canadian provincial or federal government public service.

In the cases described above, the time you spent outside Canada will be counted as though you were in Canada and will enable you meet your residency obligation. 

If none of the above scenarios apply to you, you may still be able to retain your permanent residence status if there are humanitarian and compassionate grounds that justify you retaining your permanent residence status. 

Humanitarian and Compassionate Grounds

Humanitarian and compassionate grounds involves the decision maker reviewing several factors to determine whether relief should be granted and you should be allowed to retain your status as a permanent resident of Canada. No one factor is determinative but several factors are considered and a decision is made on the totality of factors. 

Factors considered include: 

• the best interests of a child directly affected by the decision
• the degree of non-compliance. In other words, how may days are you short of the required 730 days 
• how established are you in Canada compared to your country of origin
• what were your reasons for leaving Canada and spending so much time outside Canada? Factors such as a sick parent, spouse, etc will be considered
• your family ties in Canada
• the hardship that will be caused to you and your family members should you have to leave Canada and loose your status as a permanent resident 

 If you need to renew your permanent residence card, it is best to seek legal counsel. 

If your application to renew your permanent residence card has been refused, contact us. We can represent you before the immigration and Refugee Board and the Federal Court of Canada. 

Testimonials from former clients with PR Residency Obligation issues

Jagadish Vashi

I personally recommend this firm for any kind of Immigration issue.We have very good experiences with this firm and they have very knowledgeable lawyers team, especially Angela Princewill, Immigration Lawyer She did a very very good job to get my mother's Permanent status back in Canada. Angela Princewill, Immigration Lawyer is an extra ordinary person and a very sharp during her session in her court Angela's submission was fantastic and her counter action was superb She knows all the laws by heart I guess so she win any immigration case easily what we believe.Her dedication to the work and sincerity with her work is awesome,We Vashi family can't describe.If any one has an issue with immigration without hesitation contact dedicated lawyer like Angela Princewill, Immigration Lawyer and her firm.

 

Madhura Dabke

I am a Torontonian based house-wife, who hired Candice and Angela and their team of Attorneys to help me acquire permanent residency in Canada. I was dreading the arduous and bureaucratic process, but both Candice and Angela and their staff were very professional and efficient as they helped the procedure go smoothly. Both have an extensive experience which gives them a thorough understanding of the entire immigration process. They are also well-versed in U.S. immigration policy. From your first conversation with them, you immediately become aware of their integrity and commitment, and moreover, the passion they exude for their work. Any concern I raised was immediately addressed. Phone calls were answered in a timely manner. Information I requested about the process was promptly forwarded. They were always courteous and attentive, making me feel that my case was the only one being handled by their firm, when in reality I was likely one of hundreds of clients.