H &C Grounds
It is a fairly common occurrence for a foreign national to find themselves out of status, yet still in Canada, and there are a number of reasons that this happens. Also, it is important to remember that not all applications for permanent residence will be approved. Sometimes a temporary resident or a foreign national applying to immigrate to Canada from outside the country are ineligible to apply, and sometimes he or she will be found inadmissible to Canada. This means that an issue has been identified in the applicant’s past, or a current condition of remaining in Canada has not been complied with. Where inadmissibility is involved, the applicant may be removed from, or prevented from entering Canada. While the results of such a finding are always serious, there are scenarios when removal from Canada can actually be a treat to the applying person’s safety.
Canada’s lawmakers have acknowledged this. If an applicant feels that he or she would experience unusual or unfair hardship if they were required to leave Canada, he or she may be able to overcome certain roadblocks in the immigration process and qualify for Permanent Residence. There are a few avenues that an applicant can pursue in order to remain in Canada when faced with removal. The experienced team at Mansouri Firm can work with you to determine if it might be possible to apply on Humanitarian and Compassionate grounds in order to show that remaining in Canada is in your best interest.
Humanitarian and Compassionate considerations exist to prevent undue harm to a person applying for immigration to Canada when he or she is residing in Canada. These grounds are considered and assessed on a case-by-case basis, and it is strongly recommended that you enlist the help of a professional immigration expert to assist you with this process. Mansouri Firm has the experience in this area to ensure that your best interests are considered. In the typically objective realm of Canadian immigration, Humanitarian and Compassionate considerations is one decidedly subjective area. It is an extremely important area of this country’s immigration policy, and if an H & C application or appeal is appropriate in your situation, you should not try to face this alone.
Humanitarian and Compassionate grounds can be incredibly complicated to prove. They often require extensive knowledge of immigration law and experience with applications like these to best support your application. In nearly all H & C matters a lawyer or Registered Canadian Immigration Consultant should be retained to ensure that your best interests are being upheld. The margin for error is even thinner here than in other areas of Canada’s complex immigration framework.
This kind of application is not open as a general stream for applying for permanent residence to Canada, nor is it open as simply another avenue to appeal a rejected application. This measure holds similarities to general PR application streams, immigration appeals, and even applications for refugee protection, but it does stand alone. H &C considerations will most often apply to an individual in Canada who is “out of status” but wishes to remain here. There are very specific factors that must be at play for a person’s application to be considered such as:
- How long he or she has been in Canada?
- How did he or she land (arrive)?
- What has the person been doing since arriving?
- Are there any family members here?
- In particular, are there any children involved?
- If he or she is inadmissible or otherwise ineligible, what are the specifics?
With so much involved in this kind of application, and so much at stake, it is important that you understand how to best present your case. Our team of experts can help you.
Why work with us?
The experienced professionals at Mansouri Canadian Immigration Services (or Mansouri Firm) are here for you. We are dedicated and attentive. Our aim is to help you understand your options and to guide you along the complex application process ahead. Every case is unique, so we make sure that we understand your personal situation. We have experience with a great number of immigration programs for Canada, and we will do our best to find the right pathway for you.
Vancouver based immigration firm
Thousands of Cases Processed
With clients from more than 25 countries
Top 5 Finalist stage of the 2020 Small Business BC Awards!
The highly experienced immigration team
Educated and experienced team