Permanent Residency on Humanitarian and Compassionate Application
Our Ottawa immigration lawyers at Gerami Law PC assist foreign nationals, who currently reside in Canada and who are ineligible to apply for permanent residence under a prescribed immigration class, to obtain permanent residence based on Humanitarian and Compassionate (H&C) grounds.
Our immigration lawyers can also help clients, who are inadmissible to remain in Canada, to apply for an exemption under H&C grounds. For instance, you may be inadmissible due to criminality, misrepresentation, medical conditions, financial insecurity, or non-compliance with immigration law.
You may qualify for an exemption if you can demonstrate that you are a foreign national currently living in Canada and would experience unusual and undeserved or disproportionate hardship if you were not granted the exemption. It is important for clients to recognize that the requirement of hardship is difficult to establish in law. Supporting documentation must give sufficient detail of the anticipated hardship, show that the hardship would be faced in all areas of the client’s country of origin, and explain how the client sought assistance pertaining to the hardship, or why the client did not do so.
H&C exemptions are only given in exceptional cases. Our team of Canadian immigration lawyers can provide advice on whether you should apply for an H&C exemption, explain your legal options, and make compelling arguments on your behalf, supported with documentation, to establish that you merit an exemption.
In addition, you must not be ineligible to make an H&C application, by reason of:
- being eligible to apply for permanent residence from within Canada under the following classes: spouse or common-law partner, live-in caregiver, protected person or convention refugee, or temporary resident permit holder;
- submitting an H&C application or refugee claim already, for which a decision has not yet been made;
- subject to certain exceptions, having had a refugee claim that was rejected, abandoned, or withdrawn within the last 12 months; or,
- being named as a Designated Foreign National within the last five years, or being a Designated Foreign National who has, within the last five years, received a decision on a refugee claim, an appeal of a rejected refugee claim, or a pre-removal risk assessment.
Our lawyers can compile the necessary documentation and make legal submissions in your application to establish that you are both eligible for and merit an H&C exemption. You are more likely to obtain an exemption if your documentation demonstrates that your situation possesses strong H&C traits, including that:
- you have strong family or community ties in Canada;
- you are substantially settled in Canada;
- becoming a permanent resident in Canada would be in the best interests of any child involved, considering the child’s age, health, establishment in Canada, education, gender, and consequences if returned to the country of origin;
- the consequences of not being granted permanent residence would be significant; and/or
there are family violence or health considerations in your case.
H&C decision makers do not assess risk factors such as persecution, risk to life, or risk of cruel and unusual treatment or punishment. If you fear that you will suffer such treatment upon returning to your country of origin, you may consider making an in-Canada refugee claim, with which our lawyers at Gerami Law can help you.
If you would like to discuss your matter and explore your legal options, please contact our firm to schedule an appointment with one of our lawyers.