Menu
Menu
Humanitarian and Compassionate (H&C) applications begin with section 25(1) of the Immigration and Refugee Protection Act (IRPA), which grants discretionary power to reviewing officers. For in-Canada applications, officers are required to examine and render a decision. However, for overseas applications, visa officers may choose to examine the application or return it to the applicant with a note suggesting other pathways.
At Can-Imm Solutions, H&C applications have been handled since 1995, with numerous successful outcomes for clients of diverse backgrounds. Each application is thoroughly assessed to determine eligibility under H&C considerations. Cases involving serious inadmissibility, misrepresentation, or non-compliance with immigration laws are generally approached as a last resort. Applicants under removal orders are advised on the realistic chances of approval and the implications of their circumstances, ensuring transparency and informed decision-making.
Applicants with legal status in Canada are encouraged to maintain their status and remain in the country during the application process. Leaving Canada can weaken an application, as it may suggest diminished ties to the country.
H&C applications provide an opportunity to apply for permanent residency with exemptions from certain requirements under IRPA. These applications require meticulous preparation, supported by compelling documentary evidence tailored to the applicant’s unique circumstances.
The applicant’s length of stay in Canada as a student, visitor, or worker is carefully evaluated. Evidence of community integration, employment history, and skill upgrades through trades, academic, or ESL courses strengthens the case. Community involvement, such as membership in faith groups, volunteer work, or participation in local organizations, is also critical.
*Letters of support from employers, colleagues, or community members can further substantiate the applicant’s contributions and ties to Canada.
Are you a member of any faith group? Do you go there regularly as a congregant? What about volunteer work or donations you offered to that church, mosque, temple, etc.? Do you have close relationships with the congregation to obtain letters of support from the Imam, Pastor, Pundit, or Minister?
Demonstrating integration into Canadian society includes contributing through volunteer work, joining NGOs, or participating in local organizations.
Do you play a sport or coach a local team? Have you built close relationships with friends, family members, colleagues, or co-workers whose lives would be impacted by your removal? These elements all strengthen the narrative of community ties.
Section 25(1) of IRPA emphasizes the best interests of children affected by the application. This factor is one of the strongest considerations in H&C applications. Documentation from teachers, health professionals, or other experts highlighting the impact on children’s health, education, and well-being is essential.
Applicants must demonstrate compelling reasons why returning to their home country is not feasible. This includes evidence of changed circumstances, lack of familial support, unemployment risks, or unavailability of essential healthcare services. Letters and supporting documents must clearly illustrate these hardships.
For applicants with serious illnesses or mental health challenges, medical reports and evidence of ongoing treatment in Canada are pivotal. The availability and accessibility of equivalent healthcare in the home country are also considered.
Applicants fearing violence or abuse upon removal must provide supporting evidence to substantiate their claims. These cases are handled with sensitivity and care.
Have you maintained continuous employment in Canada, whether with or without legal authorization? Providing letters from past and current employers, along with supporting documents such as pay stubs, bank statements, and Notices of Assessment, can demonstrate a stable employment history and financial independence. This evidence highlights your ability to support yourself and your family, both in Canada and abroad, while showing that you are unlikely to rely on social assistance, even under challenging circumstances.
However, if your employment was without authorization, an officer may view this negatively, citing a lack of “clean hands.” In such cases, it is crucial to present strong arguments in your sworn statements and through the guidance of an RCIC to address these concerns and convince the officer of your commitment to self-sufficiency and adherence to Canadian values.
Nana Myrie
My husband and I are very grateful and highly impressed by the services provided by Ms.Yasmeen. She’s very professional and understands the Canadian Immigration Laws very well…
Comfort Asamoah
My experience with this law fim are heartwarming and satisfying.
Yasmeen pick my calls very fast, reply to my messages and emails on a time. Yasmeen’s services are prompt and accurate. I would refer my family…
Najim Wahab
Yasmeen has been immensely supportive in assisting me with my spousal application. She thoroughly reviews the prerequisites based on the country from which you’re sponsoring your spouse and…
Jazib Rasheed
Highly Impressed by the services of Yasmeen. She is professional, articulate and understand the Canadian Immigration laws with her vast experience of 30 years. I recently called her and needed a help…
