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Humanitarian and Compassionate Ground Considerations

2022년 1월 18일으로 캐나다 이민

If you are planning to get a permanent residence status in another country, you may be familiar with the term Humanitarian and Compassionate consideration.

It is quite common to have a bunch of questions in your head if you are dealing with it for the first time. This writing will try to explain all the basic ideas about the Humanitarian and Compassionate Ground Considerations. So, keep reading.

What Exactly is Humanitarian and Compassionate Ground?

Humanitarian and compassionate group consideration is mentioned in the A25 and A25.1 of the Immigration and Refugee Protection Act. When someone wants to move to another country permanently or wants to have a permanent visa, they may need to deal with humanitarian and compassionate Ground.

Though, you have to meet some requirements in order to be eligible for humanitarian and compassionate consideration. But once you are granted this, it will provide and make sure the permanent residence status and permanent visa to another country.

Common Grounds for Humanitarian and Compassionate Consideration:

As you have known, humanitarian and compassionate consideration is only applicable for exceptional cases. Especially when an individual does not have any other way to get permanent residence in Canada, they may need to apply for humanitarian and compassionate grounds.

When someone applies for this consideration, the application will be reviewed and assessed by the authority. All cases are different than other cases. So, the permanent residency status will also be assessed depending on the individual’s situation and case.

But there are certain factors that will impact the H&C consideration of Canada. Here are some common factors:

  • Establishing any ties to Canada
  • General family ties to Canada
  • Child best interest involvements
  • Sponsor ability
  • Unable to return to the home country
  • Consideration of some public policies
  • 기타 요인

Are You Eligible for Humanitarian and Compassionate Consideration?

When people want to go for this consideration, the first question comes to their mind is that are they eligible for the application? Well, there are some criteria for the H&C consideration. The applicant needs to fulfill all those requirements in order to be eligible for the H&C application.

The applicant will only be eligible for the permanent residence in H&C consideration of Canada if the applicant meets the following factors:

  • The applicant has to be a foreign national currently living in Canada
  • The applicant needs to meet the requirement of the Immigration and Refugee Protection Act of Canada
  • The applicant needs to prove to the authority that s/he is unable to return to the home country

There are also some cases where you will not be qualified for Canada’s Humanitarian and compassionate consideration. In other words, you will not be eligible for the permanent residence of Canada if you are fallen under any of the following cases:

  • Common-law partnership case
  • Any conjugal relationship case
  • child take care or caregiver
  • Convention Refugees,
  • If you are a temporary Resident Permit Holder.

Restrictions for the Humanitarian and Compassionate Consideration:

While dealing with humanitarian and compassionate consideration, you may need to go through a lot of things. Especially, you need to bear in mind that you may have to face some restrictions too. And sometimes, you need to abide by those restrictions.

Additionally, Canada’s immigration law also limits who can apply for this consideration. So, they also have rules and regulations in this regard. So, let us know some common restrictions regarding H&C consideration:

  • You cannot apply for the H&C consideration more than one at the same time
  • If you are already applied for permanent resident status in Canada, you can only request H&C consideration. If you are a temporary resident applicant, you may not be able to request the H&C consideration.
  • Usually, the H&C authority will not take the risk factors of the applicant, such as risk to life, unusual treatment, cruelty, or any sort of punishment.
  • If you already have a pending refugee claim, you may not be able to apply for the H&C consideration. First, you need to withdraw that claim in order to apply for the H&C consideration.
  • There are also some other cases where the applicants will be restricted from applying for humanitarian and compassionate consideration in Canada.

Seek Additional Assistance for Humanitarian and Compassionate Ground:

Seeking legal help or assistance is always a very good move for the applicant. Especially for the Expatriate whose immigration status is about to expire. It is better to work on the immigration status before it gets expires. That is why you may need to follow a certain procedure to revive your immigration status.

You can also apply for Humanitarian and compassionate consideration. Though you need to meet all the requirements to be eligible for the H&C Ground. Then again, it can be a very good move to get permanent residency in Canada. You can also seek professional assistance to help you with the legal procedures.

결론 :

If you want to live in Canada permanently or want to get a permanent visa, the H&C category can be an easier move for you. However, you need to deal with some legal procedures while applying for the H&C Ground.

However, your case can be a bit different than others. So, if you need any specific help for your specific case, then you can always seek help from a professional. Hopefully, this writing helped you to understand the basics of Humanitarian and Compassionate Ground Considerations.

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