| The Immigration
and Refugee Protection Act provides the framework for persons
applying for permanent residence. Normally, applications for
permanent residence must be made outside of Canada, through the Visa
Office of one’s country of nationality. If an applicant outside of
Canada does not qualify for immigration visas in accordance with the
legislation and regulations, a request may be made for special
consideration. Likewise, in rare circumstances an application for
permanent residence may be made from within Canada. The legislation
(Section 25) and the regulations (Sections 66 - 69) provide that an
application can be made to exempt an applicant from the normal rules
and regulations contained in immigration law. The exemption is
granted if it found that it is merited on humanitarian and
compassionate grounds. These applications are often referred to as
“H&C applications”.
Applications Outside Canada
Applications for permanent or temporary residence are routinely made
in accordance with the legislation. There are various categories of
applications for permanent residence including both economic
immigrants and those seeking family reunification. On occasion a
deserving and desirable applicant will not qualify in strict
accordance with the legislation. For example, an adult child of a
Canadian citizen cannot be sponsored as a member of the family class
- despite the obvious family relationship, and may not qualify in
the economic classes. The application would be made in the normal
course but would include a request in writing, usually a covering
letter, explaining why the application should be considered on
humanitarian and compassionate grounds.
Applications Inside Canada
All applications for permanent residence made from within Canada are
governed by special rules. The regulations provide that certain
applicants, like refugees, live-in caregivers, spouses with lawful
status, and others, may make an application for permanent residence
from within Canada. If there are no specific rules allowing for the
application, a request may be made for humanitarian and
compassionate consideration. For example, a person who has been in
Canada for a significant period of time, with or without status, may
make an application for permanent residence from within Canada and
may be granted permanent residence if the application is justified
on humanitarian and compassionate grounds.
H&C Applications
Every H&C application must be considered on its own merits. The
applicant must provide sufficient information on the application to
convince an immigration officer that the applicant is deserving of
an exemption from the law. Immigration officers can only grant
exemptions in extraordinary circumstances. While some cases may be
very obvious and the services of a lawyer not required, most
applications involving a request for humanitarian and compassionate
consideration will benefit from the involvement of skilled legal
advice.
If you would like assistance with making an application for
permanent residence or humanitarian and compassionate grounds,
please feel free to contact us by email at:
immlaw@caronpartners.com |
