How to Apply for Immigration to Canada on Humanitarian and Compassionate Grounds

How to Apply for Immigration to Canada on Humanitarian and Compassionate Grounds

People who do not qualify to immigrate to Canada under any of its immigration programs may still be able to qualify under on Humanitarian and Compassionate (H&C) grounds. Section 25 of the Immigration and Refugee Protection Act, known as IRPA, gives Citizenship and Immigration Canada (CIC) discretion to grant a person permanent resident status or an exemption from immigration criteria for humanitarian and compassionate reasons. The purpose of the law is to allow flexibility for exceptional cases of hardship. The H&C process is not intended to be an alternative means of applying for permanent resident status.

This article will examine who is eligible for an H&C exemption and how to apply for immigration to Canada on H&C grounds.

Who May Apply on Humanitarian and Compassionate Grounds?

H&C grounds are available to people who already live in Canada who do not qualify for permanent residence, or for people who want to immigrate to Canada who are not eligible under the immigration laws. Humanitarian reasons are most commonly invoked by people whose application for refugee status has been denied. However, there are many other situations where people apply for permanent residency on humanitarian and compassionate grounds. For example:

A foreign national who does not meet specific immigration criteria, such as failing to meet the residency requirements, failing to garner enough points under the skilled worker program, or failure to pass the medical examination, may ask for admission on humanitarian and compassionate grounds.

A person who has been excluded from immigration to Canada due to their medical condition can apply for H&C admission. A government official confirmed that over 90 percent of H&C applications after a finding of medical inadmissibility are allowed.

Some adult children of immigrants who were excluded from the permanent resident process may be eligible under H&C grounds.

There are many other scenarios which could make a person eligible for immigration H&C grounds. As long as there are specific legal obligations that a person must satisfy to immigrate to Canada, a person can request an exemption from the legal obligations on H&C grounds.

Who May Not Apply on Humanitarian and Compassionate Grounds?

The government will not consider H&C requests from temporary resident applicants. It will also not consider an H&C application from people who already have a pending refugee claim.

People who have already been denied admission from the Immigration Review Board within the prior 12 months cannot apply again until one year has elapsed, unless they have children under age 18 who would be adversely affected by removal, or if they can demonstrate that the adult or the dependent has a life-threatening medical condition which cannot be treated in the family’s home country.

Certain rules and restrictions apply to people who have been a “designated foreign arrival” because of the way they entered Canada. If you have been classified as a designated foreign arrival, you cannot apply under H&C grounds unless five years have passed.

H&C Grounds

CIC will decide whether a person meets the standard for H&C on a case-by-case basis. Factors considered during the process include, but are not limited to:

• ties to Canada;

• establishment in Canada (for people already living in Canada);

• best interests of children who would be adversely affected by the H&C decision;

• adverse conditions in the person’s country of origin;

• health considerations, including whether the person’s country of origin is unable to provide appropriate medical treatment;

• family separation;

• whether a person has been unable to leave Canada due to conditions in their home country;

• other unique or exceptional circumstances. 

How to Apply for H&C Admission

Applicants already living in Canada must file two forms: the general application for immigration to Canada (form IMM 0008), and an application requesting an exemption based on humanitarian and compassionate grounds (form IMM 5283.

Applicants living overseas must use the application forms for one of the three immigration classes (family, economic or refugee) and supplement it with information explaining why humanitarian and compassionate grounds should apply.

Six Steps to Canadian Citizenship

Six Steps to Canadian Citizenship

Most permanent residents love their new country and are eager to make the match permanent. Once you have lived in Canada long enough, it is immensely satisfying to become a naturalized citizen. This guide to citizenship is meant for permanent residents who are ready to make it official.

Steps to Canadian Citizenship

The process of becoming a citizen is called “naturalization.” Children of naturalized Canadians are automatically Canadian citizens, even if they are born outside the country.

1. The Residency Requirement

Permanent residents have to meet a residency requirement in order to apply for naturalization. Under the Citizenship Act, permanent residents must physically reside inside Canada for at least three of the last five years before applying for citizenship.

The law was amended in 2017 to make it faster for those who lived in Canada before becoming permanent residents to earn citizenship. Under the new law, if a person was living in Canada on a study visa or as a protected person, they can now count up to 365 days of their time as a temporary resident toward their residency requirement. If a person was in Canada on temporary status prior to becoming permanent residents, they can count each day spent in Canada during that time as a half day, up to 365 days.

 

2. Ability to Understand English or French

The next step to qualify for Canadian citizenship is demonstrating knowledge of English or French. This requirement only applies to people who are between ages 18 and 54. The Canadian citizenship application includes a language test score. A person’s score must show that the person can speak at or above benchmark 4 of the Canadian Language Benchmarks for speaking and listening. In the alternative, if an applicant can show that he or she has completed a post-secondary educational program in either of the official languages, they do not need to take the test. Proof that a person took English or French as a Second Language training while in Canada can also meet the language requirement.

3. Knowledge of Canada

Permanent residents who are between ages 17 and 55 must demonstrate that they have sufficient knowledge about Canada. They must attend a class on the history of Canada and then pass a test about the country’s history and customs.

People who are planning for this test should review the government booklet, Discover Discover Canada: The Rights and Responsibilities of Citizenship, which explains the basic information on the test. The test is not intimidating; it contains 20 multiple-choice questions. To pass, a person must answer a minimum of 15 questions correctly. Those who fail the test can take it again. If it continues to be a problem, a citizenship officer will conduct the test orally.

4. Residency Questionnaires

Often, the process is complete after a person passes the test. However, in some instances, citizenship authorities are not convinced a person has met the eligibility requirements. The authorities will then give the person a Residency Questionnaire requesting more information about whether the person was inside Canada for long enough during the required period. These questionnaires require substantial supporting documentation, and will delay an application for citizenship.

5. Interview with a Judge

If a person has submitted their Residency Questionnaire but the CIC still has questions, a Citizenship Judge will conduct an interview with the permanent resident. The Judge will review the documentation and information to make a final decision about whether citizenship will be granted.

6. Citizenship Ceremony

The final step on the journey to Canadian citizenship is the actual ceremony. At the ceremony, the applicant will swear an oath to be loyal to Canada. The person will be given a new card which establishes their new status as a naturalized citizen. After the person receives the citizenship card, they can apply for a Canadian passport.