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With Akrami and Assocaites clients always comes first, and there is always a way. We are a Canadian Immigration firm specializing in helping people to immigrate to Canada or staying in Canada. Collectively our team have worked on thousands of cases involving all Canadian immigration matters involving permanent residencies, temporary residencies, and business immigration. Click here for a complete list of services.
Humanitarian & Compassionate Consideration
What is Humanitarian and Compassionate Consideration?
Humanitarian and Compassionate Consideration, also referred to as H&C, are applications for permanent residency in Canada. Immigration, Refugees and Citizenship Canada (IRCC) classifies humanitarian and compassionate consideration as providing flexibility to allow permanent residence status to certain foreign nationals who would otherwise not qualify under any other immigration class in Canada; this is in cases where there are also compelling humanitarian and compassionate grounds. In most cases, these certain foreign nationals often do not have legal status in Canada, however, they do not want to leave Canada and would like the opportunity to stay.
H&C applications are intended for individuals who would suffer from excessive hardship should they have to return to their home country. This excessive hardship would not include any costs or inconvenience of leaving the country. Apart from proving hardship, the applicant must also make specific arguments that affect their personal circumstances if they were to leave Canada and thus would become relevant when requesting humanitarian and compassionate consideration.
Who Can Apply for Humanitarian and Compassionate Consideration?
When applying for an H&C application, it is important to recognize that these applications are usually only applied for as a last resort. The individuals that apply for H&C applications most of the time do not have any other option available to them to immigrate to Canada and are thus left with the H&C application. In these cases, the applicant is requesting that Immigration, Refugees and Citizenship Canada (IRCC) makes an exemption to the specific guidelines and requirements set out in the IRPA and the Regulations considering the specific circumstances of the applicant and the hardship they would endure if they were to return to their home country. Therefore, an individual can apply for permanent residency in Canada on humanitarian and compassionate (H&C) grounds, if they:
- Currently reside in Canada
- Require an exemption from one or more of the requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residency in Canada
- Are not eligible to apply for PR from within Canada in any of the following classes: - Spouse or Common-Law Partner Sponsorship, - Federal Skilled Worker, - Express Entry, - Live-in Caregiver Program, - Protected Person, - Convention Refugees, or - Temporary Resident Permit Holder.
- Believe you would endure unusual and undeserved hardship if you were required to leave and exit Canada
Factors that Contribute to the H&C Application
When requesting humanitarian and compassionate consideration for permanent residency in Canada, it is very important to submit as much documentation and information that you can that relates to your personal circumstances in Canada. There are several factors that an applicant should consider when applying for an H&C application, such as:
- Family ties in Canada
- Employment ties in Canada
- Financial ties or investments in Canada
- Social ties to your community in Canada
- Any property ownership/lease
- Studying in Canada
- Any upgraded language skills in English and/or French
How to Increase your Chances for a Successful H&C Application?
Establishment in Canada is essential to increasing your chances for a successful H&C application. For instance, if you are a foreign national that was on a valid work permit, however, it expired but you continued working under the table and have established yourself in a Canadian society and economy, this would be beneficial to your H&C application. Immigration officers will examine whether you have established yourself in Canada in more than one way and have a centralized way of life in Canada. Because of the establishment that has been created in Canada, this has led the individual to create a way of life in Canada and would not return back to their home country because of hardships they would endure. This centralized way of life in Canada would make it extremely difficult for the individual to return to their home country.
What an Immigration Officer Looks For for H&C Application?
Applicants that would like to apply for humanitarian and compassionate consideration must submit and provide as much evidence to support their requests in order for the Immigration officer to have a wide scope of their specific circumstances. When the Immigration officer assesses H&C applications, they will not request any additional information from the applicant. As a result, submitting as much information as possible to prove the case is essential for higher chances of a successful application. Essentially, the responsibility and onus is on the applicant to provide the Immigration officer with as much information to support their case for permanent residency in Canada.
Please note that when Immigration officers assess any immigration application, they use their discretion and flexibility to determine the best outcome for the application; this is especially the case for humanitarian and compassionate consideration applications. The Immigration officer will utlizie all of the resources available to them to accurately examine the application and whether the applicant should be exempt from any requirements of the IRPA or Regulations and be granted permanent residency on humanitarian and compassionate grounds.
Is H & C in Best Interests of the Child?
Humanitarian and compassionate consideration applications also take into consideration the best interests of a child that would be directly affected by the final decision made on the application. As a result, if you do have a dependent child that you know would be directly affected if you were requested to return to your home country, it is best to provide as much information and documentation as possible on their behalf. Keep in mind, the best interests of the child will not outweigh other relevant factors included in the application; however, they are highly considered. The best interests of the child is one of several important factors that should be considered in the application.
Akrami & Associates Can Assist You with Your H&C Application
If you are a foreign national and would like to apply for permanent residency in Canada with humanitarian and compassionate consideration, Akrami & Associates can definitely help you with this process. At Akrami & Associates, we have dealt with many different immigration matters, including humanitarian and compassionate consideration applications. We have duly assisted our clients who have established themselves in Canada and cannot imagine returning to their home country due to the extensive hardship they would endure if they were to return. We will help our clients compile their information and documentation to draft a strong application for the best chances of a successful application. Additionally, it is extremely important that you take into consideration the aforementioned information prior to submitting your H&C application. If you would like to apply for a humanitarian and compassionate consideration for permanent residency in Canada, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!
Canadian Immigration Law
We are dedicated to Canadian Immigration Law only.
Humanitarian and Compassionate Ground
Humanitarian and Compassionate Ground is the last resort in order to stay or come to Canada.
Combined years of experience
Meet Our Team
A team dedicated to you
Shabnam Akrami, PA, B.A. (HONS.), M.A., LL.B. (UK)
Shabnam Akrami is the Managing Partner and Founder of Akrami & Associates.
Immigration Attorney and Managing Partner Prior to receiving her Paralegal Diploma with Honours, she completed her Law Degree from the UK at the University of London as well as completed a Post Graduate Diploma.
In addition, she has also graduated from York University where she received both her Bachelor in Criminology and Masters in Socio-Legal Studies.
She is also a Member in good standing with Law Society of Upper Canada.
Prior to opening her own firm, she gained extensive experience in corporate immigration law; specializing in work permits, temporary resident permits and rehabilitation cases.
She has in depth and hands on experience in all Canadian Immigration and Citizenship matters. These matters include preparation and submission of applications for permanent residence, work permits, NAFTA applications, labour market opinions, temporary resident permits, sponsorships, and business investors.
Shabnam is dedicated to all her clients and committed to the successful completion of all the immigration matters in her care.
With Shabnam, there is always a way!
Sheba Yusufzai, BA
Sheba recently completed her post-secondary degree in Political Science with Honors from York University. Sheba has been working in the immigration field for more than 5 years. Apart from working at Akrami and Associates, Sheba has worked extensively with convention refugees from all over the world at Toronto Pearson International Airport. Most recently Sheba has been a part of assisting Syrian refugees resettle all over Canada.
Apart from her professional life, Sheba dedicates her spare time to her community by volunteering with her local MPP in Toronto. In the past Sheba has been a member of book drives, clothing drives and student organizations at York University.
Sheba looks forward to continuing her academic aspiration in the Canadian legal field. Currently Sheba provides services in all areas of immigration practice. She can provide services in successful completion of cases such as Criminal Rehabilitation, Temporary Resident Permit, Temporary Visitor Visa, Family Class Sponsorships, Express Entry, Study Permits, Work Permits and all other immigration related cases.
Sheba looks forward to assisting you with all your immigration matters.
Jasmine completed her post-secondary degree and graduate degree in Computer Applications from Punjab University in India. She has been working in the immigration field for more than 5 years and has acquired an extensive degree of knowledge and expertise as a result.
Apart from working at Akrami and Associates, Jasmine has worked as an Immigration Legal Assistant at another law firm in Brampton, Ontario. Currently, Jasmine provides a wide-range of immigration services and has provided services in successful completion of legal cases. Jasmine also specializes in legal cases such as Express Entry and Spousal Sponsorship. However, she also works on all kinds of immigration matters, including Study Permits, Work Permits, Temporary Resident Visas, and all other immigration related cases. She is extremely observant and focused when it comes to her passion for immigration. In the near future, Jasmine's main goal is to begin the process of becoming an Immigration Consultant and further excel in her career.
Jasmine looks forward to helping you out in your Immigration matter successfully and would do every effort to make this experience as easy and quick as possible.
Sara recently completed her post-secondary degree in Sociology with a minor in Criminology from Ryerson University. Sara is an experienced Legal Immigration Assistant working on Canadian immigration matters. She also consistently performs extensive research in the Immigration field as she is primarily responsible for researching relevant immigration topics for the firm, creating and producing the firm's social media content, and a variety of other accountabilities that are building a solid foundation for our clients.
Apart from working at Akrami and Associates, Sara has worked as a sales specialist at one of Canada's largest insurance companies. During her years at Ryerson University, Sara had dedicated her time to her community by participating in Community Engaged Learning which conducts wide-ranging research for non-for-profit organizations in Toronto. Overall, Sara has administered many research studies to help her community.
Sara's aspirations are to continue her career in the Canadian legal field. Currently, Sara also provides services in all areas of immigration practice. She has provided services in successful completion of legal cases such as Temporary Visitor Visa, Family Class Sponsorships, Study Permits, Work Permits, Criminal Rehabilitation, Temporary Resident Permits and all other immigration related cases.
Sara looks forward to assisting you with all your immigration needs!
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