Many people that are not qualified for Canadian permanent residence under any of country’s immigration programs within the family class or economy class may still qualify to apply for PR under humanitarian and compassionate grounds.
Eligibility for Humanitarian and Compassionate Route
Humanitarian and Compassionate applications are kinds of Canada permanent residency filing that provide immigration pathway for people who are resident in Canada but without proper paperwork. You may still be able to apply for PR if you have lived in Canada illegally and fall under the following Humanitarian and Compassionate grounds:
- A foreign national currently residing in Canada,
- Meet Immigration and Refugee Protection Act (IRPA) exemption,
- Have enough justification for humanitarian and compassionate considerations,
- Do not qualify for PR via Spouse or Common-Law Partner, Caregiver, Protected Person and Convention Refugees, and
- Temporary Resident Permit Holder.
The following persons are exempted from humanitarian and compassionate applications:
- Canadian citizens.
- Permanent residents.
- People with pending H&C application.
- People with outstanding refugee claim.
- Those who became designated citizen of other countries within the last 5 years.
We earlier wrote an article about how to apply for Canadian permanent residence on humanitarian and compassionate grounds. If you missed that article, please check the link above to access it.
The H & C class empowers the immigration officer to issue permanent or transient residency in Canada to people who would not be able to meet the regulatory and statutory requirements.
People who apply under this class or category generally are doing so as a final or last attempt to stay in Canada and were often unsuccessful to be granted even refugee status.
Humanitarian and Compassionate Processing Time
The processing times for humanitarian and compassionate applications largely depend on the type of application submitted and whether it is submitted from inside Canada or from outside. For H & C cases applied from inside Canada, the processing time is from 30-42 months.
For convention refugees or protected persons, there are two steps.
- Step 1 which is the initial assessment stage takes about 14 months to process
- Step 2 which is the final decision stage takes 10 months to process.
For those applicants applying outside of Canada the processing time usually varies, all are determined by the visa office at which the application is submitted. For example, the processing times for privately sponsored refugee applications in Pakistan takes around 66 months and the processing time from Lebanon will take 11 months. You can check the processing times for your country on the CIC website.
For those that may apply for the humanitarian and compassionate grounds, their application is evaluated on its own merits, immigration officers consider the H&C consideration for each application on the individual basis or personal circumstances.
A written request for H&C exemption must be submitted with an application to stay in Canada as a permanent resident or in the case of an applicant outside Canada, an application for a permanent resident visa must be filed. The application has to be made by the principal applicant and where necessary by the spouse or common-law partner or by the dependent children over the age of Eighteen (18) who are not permanent residents or Canadian citizens.
The applications made from outside of Canada does not require any particular forms for H&C. the foreign national could apply for a PR visa under of the available three classes and submits a written request for consideration on humanitarian grounds. If the immigration officer determines that the applicant does not meet the criteria of the class of PR then the visa or immigration officer makes an H&C determination.Processing times for other applications