Applying for immigration on the grounds of compassion revolves around build a compelling case
Vancouver, BC -- (ReleaseWire) -- 02/12/2020 --As a group of Immigration lawyers in Vancouver, the team at Sas & Ing are aware that a significant number of the cases that go to court are humanitarian and compassionate (H&C) applications for permanent residence. While H&C applications only make up a small amount of the 300,000 permanent residence applications approved each year, these are difficult to win, and anyone applying for permanent residence on this basis needs to be aware of this. For more, go to: https://canadian-visa-lawyer.com/winning-immigration-on-humanitarian-and-compassionate-grounds/
H&C applications have been described as an "exceptional" remedy, which allows immigration officers to grant permanent residence in circumstances that "would excite in a reasonable [person] in a civilized community a desire to relieve the misfortunes of another."
When someone applies for permanent residence on H&C grounds, they are asking to be granted permanent resident status even though they don't meet the requirements as set out in the law. This may be because they have a criminal record, because they have been living in Canada as de facto residents and may have spouses and children in Canada, or because they have sick family members.
Due to the discretionary nature of H&C applications, they are not intended as an alternative immigration path. These applications are not meant to be made by people who have other means of applying for permanent status—they do not allow for jumping the queue. In some cases, alternatives such as IRCC's Super Visa program can allow for a family to be together without applying for permanent residence.
Many H&C applications are refused because there is a misunderstanding that just spending enough time in Canada will lead to permanent residence. Most successful H&C cases are those made by people who have not only lived in Canada, but have become integral to their community. To succeed in an H&C application, an applicant should demonstrate that Canada is better with them. They need to meticulously document employment and volunteer work and illustrate that their community and other Canadians would be significantly worse without them.
Waiting for an H&C application to be processed can take years, and an applicant cannot simply stay until a case is decided. It's important to work diligently with Immigration, Refugees and Citizenship Canada (IRCC) and keep them updated about factors like status and whereabouts.
H&C applications should be made after careful consideration of an applicant's personal circumstances and an assessment of other viable immigration strategies. To succeed, applicants should be prepared to present evidence of the positive contributions they bring to Canada. Remember, H&C applications are among the most difficult of immigration applications because there are no set guidelines on evidence that will convince an immigration officer to offer these grounds.
For assistance filing H&C application, or to learn which application for permanent residence is most suitable to your circumstances, contact the Vancouver Immigration Lawyers at (604) 689-5444.
About Sas & Ing Immigration Law Centre
Sas & Ing Immigration Law Centre has over 30 years of continued in-depth and comprehensive expertise in most aspects of Canadian Immigration practice. Sas & Ing have facilitated applications to Citizenship and Immigration Canada (CIC), Service Canada and Canada Border Services Agency. Catherine & Victor work closely with other lawyers specializing in Business, Employment, Tax and Real Estate to provide comprehensive legal advice to companies and individuals as they navigate the regulatory requirements necessary for temporary or permanent establishment in Canada.
For additional information, please visit canadian-visa-lawyer.com or call (604) 689-5444
Sas & Ing Immigration Law Centre
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