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CANADIAN IMMIGRATION

Humanitarian & Compassionate Grounds

Successfully navigating through the Humanitarian and Compassionate (H&C) application process requires thorough planning, careful preparation and a strong understanding of immigration law. Our lawyers at Dhaliwal & Dhaliwal LLP are committed to guiding you through this process and supporting your journey toward a new life in Canada.
What is Permanent Residence on Humanitarian and Compassionate Grounds?

Permanent Residence on Humanitarian and Compassionate (H&C) grounds is an immigration pathway available to individuals who do not meet the usual criteria for permanent residence but have compelling reasons to stay in Canada. This application is based on the principles of fairness and compassion, allowing for consideration of unique and exceptional circumstances that justify granting permanent residency.

Eligibility for Humanitarian and Compassionate Grounds

To be eligible to apply for permanent residence on H&C grounds, you must:

  • Demonstrate Compelling Circumstances: Show that you would face undue hardship if you were required to leave Canada. This can include factors such as significant health issues, risk of persecution, or severe family disruption.

  • Establish Strong Ties to Canada: Provide evidence of your established connections to Canada, including long-term residency, employment, community involvement, or family relationships.

  • Present a Positive Contributing Factor: Prove that you have made positive contributions to Canadian society and that granting you permanent residence would be in the public interest.

  • Consider the Best Interests of Children: If you have children, demonstrate how your departure from Canada would adversely impact their well-being. The best interests of children are a critical consideration in H&C applications, and evidence must show that their needs and future are best served by remaining in Canada.

  • Overcome Inadmissibility: If you have any grounds of inadmissibility, you must address these issues and provide compelling reasons why they should not prevent you from obtaining permanent residence.


The Humanitarian and Compassionate Application Process

Step 1: Prepare Your Application

Gather and prepare all necessary documentation to support your H&C application. This includes evidence of your circumstances, such as medical records, affidavits from community members, and proof of your ties to Canada. You will also need to complete the appropriate application forms and provide detailed information about your situation.

Step 2: Submit Your Application

File your H&C application with Immigration, Refugees, and Citizenship Canada (IRCC). Ensure that all required documents are included and that your application is complete to avoid delays or refusals. Applications can be submitted online or by mail.

Step 3: Await a Decision

IRCC will review your application and may request additional information or documentation. Processing times can vary depending on the complexity of your case and the volume of applications. During this period, you may be required to attend an interview or provide further evidence.

Step 4: Receive a Decision

Once IRCC has completed the review of your application, you will be informed of the decision regarding your H&C application. If approved, you will be granted permanent residency status in Canada. If denied, you may have the chance to challenge the decision through a Judicial Review in the Federal Court or explore other legal possibilities.

How We Can Help?

Our experienced immigration lawyers are here to guide you through every stage of your H&C application
Initial Consultation

We assess your situation to determine the best approach for your H&C application and provide guidance on the documentation needed.

Document Preparation

We help you gather and prepare all necessary evidence, complete the application forms, and ensure that your application is thorough and well-supported.

Application Submission

We assist with the submission of your application, ensuring that all requirements are met and that your case is presented effectively to IRCC.

Follow-Up and Support

We monitor the progress of your application, respond to any requests for additional information, and provide updates throughout the process.

Appeals and Alternatives

If your application is denied, we offer advice on potential appeals or alternative options for remaining in Canada.

Start Your H&C Application Today

If you believe that you have compelling reasons to remain in Canada and wish to apply for permanent residence on humanitarian and compassionate grounds, we are here to help. Contact us today to schedule a consultation with one of our expert immigration lawyers. We are committed to supporting you through this important process and helping you achieve a new beginning in Canada.