Humanitarian & Compassionate Grounds in Canadian Immigration

Canadian immigration is a complicated process that can take many years. Unfortunately, some people who want to immigrate to Canada are unable to meet the eligibility criteria for any of the most common immigration options, such as Express Entry or the Provincial Nominee Program. That doesn’t mean you can’t immigrate to Canada at all; it just means you need to take a different route. In this blog, we will discuss what humanitarian and compassionate grounds are and how they might apply in your case.

Humanitarian and compassionate grounds are an alternate route to immigration

If you are not eligible for a visa because of inadmissibility or are expected to be deported, humanitarian and compassionate grounds are an alternative means to allow you into Canada. Section 25 of the Immigration and Refugee Protection Act provides the following:

Humanitarian and compassionate considerations — request of foreign national

25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

Humanitarian and compassionate grounds are available in exceptional cases

This option is available to individuals in exceptional cases. Applications are assessed according to some of the following factors:

• How well are you settled in Canada;
• Family ties to Canada;
• Best interests of any children who are involved; and
• What could happen to you if the request is denied.

Humanitarian and compassionate grounds are not available for those applying for temporary residence applications. They are also not available for those with an active and pending refugee claim, or for those who have received a negative decision from the Immigration and Refugee Board within the last year. Applicants can only submit one application. While the consequences of denial are considered, Immigration, Refugees and Citizenship Canada does not consider risk factors like cruel and unusual treatment or punishment, persecution or other risks to life.

Humanitarian and compassionate grounds are not available for those facing persecution

If you are ineligible from applying for humanitarian and compassionate grounds based on a need for protection against persecution or cruel and unusual punishment, you will likely be denied. This is not the program for you. Instead, you will want to consider applying for the in-Canada refugee process.

Please note that the Safe Third Country Agreement is still in effect! If you are an individual entering Canada through a land-based port of entry, you will be returned to the United States unless you meet an exception. The exceptions are as follows:

1. Family members – You meet an exception if you have a family member who is a Canadian citizen, permanent resident, or protected person who has had a claim accepted by the Immigration and Refugee Board or had their removal order stayed on humanitarian and compassionate grounds. That family member must have a valid work or study permit and must be the age of majority.
2. Unaccompanied minors – This is available to those under the age of majority who are not accompanied by a parent or legal guardian, who don’t have a spouse or common-law partner and who do not have a parent or legal guardian in either Canada or the United States.
3. Document holders – This is available to refugee claimants who have a valid Canadian visa, valid work permit or study permit, hold a travel document, or are not required to get a temporary resident visa to enter Canada but must do so to enter the United States.
4. Public interest – This is available to refugee claimants who have been charged with or convicted of an offence in the United States or a third country that could subject them to capital punishment (the death penalty) and are not otherwise inadmissible in Canada.

An application for humanitarian and compassionate grounds will not delay a removal order

If the reason for your application on humanitarian and compassionate grounds is that you are subject to a removal order, the application will not delay your deportation. However, your application will continue to be processed after removal. Immigration, Refugees and Citizenship Canada will notify you of the final determination of your application in writing.

Key takeaways on humanitarian and compassionate grounds

If you are applying for permanent residence on humanitarian and compassionate grounds, there are several things to keep in mind:

• It is very difficult to be successful in an application for humanitarian and compassionate grounds. This is an option reserved for exceptional circumstances.
• An application for humanitarian and compassionate grounds is not available to certain foreign nationals. Be sure to review the eligibility requirements before applying to avoid wasting time.
• If you are seeking refugee protection in Canada, applying for humanitarian and compassionate grounds is not for you.
• Finally, an application for humanitarian and compassionate grounds will not slow down a removal order. You will still be required to leave the country as planned.

Contact the Immigration Lawyers at Garson Immigration Law in Toronto for Help Immigrating to Canada

At Garson Immigration Law, we are exclusively dedicated to the practice of immigration law. We understand that waiting for your immigration application to be processed can be stressful. Our immigration lawyers can help successfully guide you through the immigration process and find solutions for your individual immigration needs.

We work to find effective solutions for our clients in all kinds of immigration matters, including permanent residence, inadmissibility, and US immigration. If you have any questions about an immigration application, do not hesitate to reach out to us online or by calling us at 416-321-2860.