Humanitarian and Compassionate application. Канада


Содержание поста:

How does the Humanitarian and Compassionate Grounds Application Work?

Watch this video to learn how Humanitarian and Compassionate Grounds Applications work.

Next, fill out the Online Assessment form and within one business day (often much quicker) we will follow up with you to schedule your immigration consultation.

If an applicant feels that he or she would experience unusual and undeserved or disproportionate hardship if they were required to leave Canada, an applicant may qualify for Permanent Residence.

Under the Humanitarian and Compassionate Grounds, a potential applicant must be residing in Canada at the time he or she lodges the application. These Humanitarian and Compassionate considerations are used in very specific cases and are assessed on a case-by-case basis.

These types of grounds are incredibly complicated to prove and require extensive immigration experience. In nearly all these matters an immigration professional is retained to ensure that the best interests of the applicant are being upheld. The margin for error is considerable and for this reason it is not recommended that one apply on behalf of themselves.

Who is a Humanitarian and Compassionate Grounds Applications for?

An individual who is out of status in Canada and is currently living in the country may be able to receive permanent residency. The application for an individual who is out of status and is applying under Humanitarian and Compassionate Grounds is assessed on particular factors. These factors include:

  • How settle the individual is in Canada,
  • His or her family ties to Canada,
  • Circumstances considering children the outcome if an application under Humanitarian and Compassionate Grounds was declined

What to ask a Licensed Canadian Immigration Professional about the Humanitarian and Compassionate Grounds Applications?

An application lodged under Humanitarian and Compassionate Grounds can be a delicate matter, therefore, it is important to ask questions. Often we’ve noticed that Humanitarian and Compassionate Grounds Applications are rejected because the right questions were not discussed.

  • Would I normally be able to become eligible to obtain permanent residency in Canada?
  • Can I apply under Humanitarian and Compassionate Grounds if I have already made a submission for a refugee claim?
  • How do I know if the way that I entered the country was a irregular arrival and therefore does not qualify me to apply under Humanitarian and Compassionate Grounds?

Why Contact My Visa Source for an Assessment?

Lawyers at My Visa Source dedicate themselves to your immigration case, providing legal representation tailored to your personal situation. Our expertise focuses on immigration and visa programs for Canada and the United States, including global immigration.

Partnering with an award-winning immigration team greatly increases the likelihood of achieving your specific immigration or visa goals.

Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail, reducing the risk of wasted time, money or permanent rejection.

Begin Your Application For Humanitarian and Compassionate Grounds Today

Securing personalized legal help is quick and simple. Begin with our one-minute online assessment form or call us toll-free at 1-888-368-4608.

We have a dedicated team of licensed professionals standing by, ready to answer your immigration and visa questions.

Book a personal consultation to speak with an award-winning immigration lawyer over the phone, on Skype or in-person at our downtown Toronto and Vancouver offices.

Humanitarian and Compassionate Cons >

This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.

The officers would typically determine whether applicants are eligible foe having their applications assessed. Once they determine that this is indeed the case, the officers would typically process the Humanitarian and Compassionate (H&C) application in the following stages:

  • Stage 1 i.e. a Humanitarian and Compassionate (H&C) assessment of the requested exemptions and,
  • Stage 2 i.e. a final decision on the permanent residence application

The Stage 1 Procedures for All Applicants

While assessing exemptions requests, officers would need to remain mindful of:

  • The objectives of the Act
  • The consideration that they would need to exempt any applicable criteria or obligation of the Act when the foreign nationals specifically request an exemption or when the material submitted makes it amply clear that the foreign nationals are seeking exemptions
    • This would typically include inadmissibilities barring the A34, A35 and A37 inadmissibilities if they receive the application after June 19, 2013
  • Assessing the applicants’ submissions based on all the information available, after considering all the known inadmissibilities
  • Conducting comprehensive assessments by weighing all the relevant factors in the applications for determining whether the Humanitarian and Compassionate (H&C) considerations warrant granting the requested exemptions to the applicants
  • Weighing all the facts pertaining to the case in a fair and impartial manner, after considering both positive and negative elements
    • This is because the weight given to any factors in these cases remain based on the objective determination of the decision maker
    • Hence, the officers would need to determine:
      • Which facts are most important (and why)
      • Which evidence is the most persuasive (and why) and,
      • Which argument is the most compelling or convincing (and why)

  • Separating the facts that favour a finding of hardship from those that do not
  • Determining the facts that the officers have established on the balance of probabilities and the submissions that help in supporting the statements made
  • Determining whether the facts help in establishing the fact that the applicants would face hardships if they did not receive the requested exemptions or permanent residence
  • Explaining in the Humanitarian and Compassionate (H&C) decision why the decision makers preferred one piece of evidence over another
    • The authorities typically require officers to focus on the evidence that is:
      • Directly applicable to making a decision or,
      • Particularly significant for supporting the decision
    • As such, it is not necessary to mention each piece of evidence that the applicant supplies
  • Interviewing the applicants in case credibility is central to the decision
  • Informing the applicants and providing them with the opportunity to respond accordingly in case the officers have considered extrinsic information

The Stage 1 Procedures for Applicants with Family Relationships

It is worth highlighting that the authorities do not automatically consider marriage or the existence of a common-law relationship as sufficient grounds that warrant a positive Humanitarian and Compassionate (H&C) decision. Similarly, a physical separation of the couple does not constitute sufficient grounds for granting a positive Humanitarian and Compassionate (H&C) decision as well.

It is worth mentioning that there are no determinative factors that officers use while processing Humanitarian and Compassionate (H&C) applications. In fact, a marriage or the existence of common-law relationships is an important factor that many officers typically consider. However, officers also consider all the applicable factors of the case too. Only then do they decide whether or not to grant exemptions to the applicants. As such, officers would need to also consider the consequences of separation on the relationship and other family members.

Situations could arise where the officers do not need to assess the Humanitarian and Compassionate (H&C) request. This would typically be the case where applicants who apply for Humanitarian and Compassionate (H&C) have outstanding Spouses and Common-Law Partners in Canada Class (SCLPC) applications without Humanitarian and Compassionate (H&C) requests.

The Stage 1 Procedures for Applicants in Other Situations – Applicants Under Removal Orders

People, who are subject to removal order, might wish to submit Humanitarian and Compassionate (H&C) applications and pay the appropriate fees. These individuals are entitled to decisions on those applications. However, unless the authorities make a positive Stage 1 assessment, these applicants would not receive any stay of removal. This is in accordance with the provisions specified in R233. For more details on this, officers would need to go through the provisions specified in ENF 10.

The Post-Removal Assessment

In some cases, the officers might find that they are unable to do a Stage 1 assessment prior to the applicant’s removal from Canada. In this scenario, the officers would carry out the assessment after the removal. In these cases:

  • It is worth highlighting that the applicants bear the entire responsibility for providing the appropriate submissions
    • As such, officers would not need to request for updated submissions from the applicants
    • This applies to applicants whom the authorities have removed even during the pendency of their Humanitarian and Compassionate (H&C) applications
  • The officers would need to consider the submissions made by the applicants concerning their current circumstances post-removal
  • The officers would need to consider the manner in which the presenting of the case took place pre-removal
    • As such, the officers would need to consider the usual Humanitarian and Compassionate (H&C) factors such as:
      • The establishment in Canada,
      • The best interest of the child
    • This is typically done in the absence of submissions from the applicants after their removal
    • It is worth highlighting that the fact that the authorities have removed the applicants should not prejudice the merits of the applications
  • The officers would need to avoid requesting applicants to attend interviews in Canada
    • If the officers require an interview and cannot do it prior to the removal, they can conduct it via telephone or Skype
  • The officers would need to advice the applicants of the decision and,
  • For more details, the officers would need to refer to the section titled ‘Positive Stage 1 Assessment – The Applicant Has Left Canada’ given on the website of Citizenship and Immigration Canada (CIC)

The Stage 1 Procedures for Applicants in Other Situations – Consecutive or Concurrent Humanitarian and Compassionate (H&C) Applications

Consecutive Humanitarian and Compassionate (H&C) Applications

Situations could arise where applicants had Humanitarian and Compassionate (H&C) assessments and still submitted new applications. In this scenario, the officers will consider the information and findings from any previous Humanitarian and Compassionate (H&C) applications. In addition, the officers would need to consider any new information submitted with the most recent applications as well.

Concurrent Applications for Humanitarian and Compassionate (H&C) and Pre-Risk Removal Assessments (PRRAs)

Applicants could typically submit both Humanitarian and Compassionate (H&C) and Pre-Risk Removal Assessment (PRRA) applications. In this scenario, officers have the ability to carry out both assessments concurrently.

The Assessment of Applications for Humanitarian and Compassionate (H&C) Versus Pre-Risk Removal Assessments (PRRAs)

It is worth highlighting that Humanitarian and Compassionate (H&C) assessments are lower in thresholds than Pre-Risk Removal Assessments (PRRAs). In addition, Humanitarian and Compassionate (H&C) assessments are not limited to the specific legislative parameters of persecution specified in the Pre-Risk Removal Assessments. These legislative parameters typically comprise:

  • The risk to life
  • Torture and,
  • Cruel and unusual treatment or punishment

While assessing Humanitarian and Compassionate (H&C) applications, officers would need to assess all the elements of the application. Thereafter, they would need to decide whether the factors amount to unusual and undeserved or disproportionate hardship.

Issues with humanitarian and compassionate applications

ISSUES for H&C ROUNDTABLE, 27-28 March 2006

A. Major concerns regarding humanitarian and compassionate consideration (H&C) as it works currently

IRPA s. 25 undeniably has prov > In fact, H&C has been asked to bear the weight of large expectations, because of gaps in many immigration policies. These expectations only heighten the concerns felt by the members of the Canadian Council for Refugees over some shortcomings in the current functioning of H&C.

CONCERNS RELATED TO PROCESS

1. Extremely slow processing . People routinely wait years for a decision on an H&C application. Slow processing is neither fair (particularly given the significant fees paid by the applicant) nor is it effective (people who need a humanitarian exemption may be deprived of it because they are forced to leave Canada before a decision is rendered, and/or they spend spend years in a vulnerable state of legal limbo). There is considerable inconsistency in whether removals are stayed for persons with a pending H&C application pending. The slow processing can also mean that submissions made on application are no longer up-to-date when a decision is rendered. While in many cases officers will request an update before making a decision, this is not always done.

2. Overseas processing of H&C is extremely obscure . Those who might need overseas H&C consideration for the most part don’t know how to apply. There is no form on which to apply. Visa offices do not seem to handle requests consistently. In some cases a person applying using e.g. a Family Class form but including a request for H&C consideration simply receives a rejection stating that they do not meet the Family Class regulations. Local CIC offices in Canada and the Call Centre do not give consistent advice on overseas H&C. The lack of clarity in overseas H&C processing is a major issue because a significant number of people must use H&C for family reunification (including to reunite children with their parents, in keeping with Canada’s obligations under the Convention on the Rights of the Child). Situations requiring recourse to overseas H&C include a) excluded family members (R. 117(9)(d)), b) children who are found through DNA not to be the biological children, and c) other de facto family members.

3. Processing fees are a barrier . This is especially the case for the most vulnerable people, for example, children, single parents, people with medical problems or disabilities. As a result, some of the cases where Canadians would most agree that there should be a humanitarian exemption are those where the applicant cannot afford the H&C fee. Those who need H&C are often in an extremely precarious financial situation (for example, women who have fled domestic violence) and their lack of status in Canada may mean that they do not have a work permit (and even if they have one, they are unlikely to be able to work at a well-paying job). The Right of Permanent Residence Fee also constitutes a particular hardship in many H&C cases.

4. Complexity of the process for those without representation . It is difficult for most applicants to negotiate the process successfully without expert guidance or representation. Many NGOs and legal clinics provide this kind of support, but it is not available to all applicants, even though their situation may be extremely compelling, since there is little funding available for this service. It would be interesting to study the impact of representation (including different types of representation) on success of applications, and the reasons some applicants are not represented.

CONCERNS RELATED TO DECISION-MAKING

5. Inconsistent decision-making . CCR members are often confused by decision-making which often does not appear to reflect a coherent pattern. Some cases that seem particularly compelling are refused, while others that seemed similar or less compelling are accepted. There appears to be inconsistency between regions and from decision-maker to decision-maker.

6. Decisions do not always reflect what we understand to be a humanitarian and compassionate approach . The Act refers to « humanitarian and compassionate considerations ». In IP5, the test is stated rather as « unusual or undeserved hardship » or « disproportionate hardship ». One may wonder whether framing the H&C test in this way tends to narrow the considerations. In some decisions, however, the test is changed into something that is clearer much harder to meet. For example, applicants have been turned down because they did not face « excessive hardship » or « irreparable harm ». Is there a consistent interpretation and application of the H&C test?

7. Best interest of the child . The CCR appreciates the efforts made by CIC to address the specific obligation in the statute to take into account the best interests of the child, in line with Canada’s obligations under the Convention on the Rights of the Child. However, interpretation and application seem inconsistent and we are concerned by tendencies to take a restrictive interpretation. IP5, 5.19 states the obligation to be alert and sensitive to the interests of children, but immediately narrows the obligation in ways that do not seem consistent with Canada’s human rights obligations. The officer is told there is no obligation if the issue of the children’s interests is not « sufficiently clear » from the material submitted, despite the clear Convention obligation, reinforced by IRPA 3(3)(f) calling for the Act to be applied in a manner that complies with international human rights instruments. The manual also emphasizes that the interests of the child do not outweigh all other factors, without mentioning the Convention obligation to give « primary consideration » to the best interests of the child. IP5 also fails to adequately reflect the Federal Court’s judgment in Hawthorne, which spoke of the need to look at the benefits to the child of non-removal as well as the hardship in removal.

8. Narrow understanding of successful integration . Integration is a process that involves a whole range of aspects of the human experience, including social, cultural, psychological and familial aspects. This is broadly understood within Citizenship and Immigration Canada, a department that has developed considerable expertise in the topic of integration. Through the Metropolis initiative, researchers have added to our understanding of the complexity and multifaceted nature of integration. Yet, within H&C decision-making integration too often seems to be measured primarily and even exclusively in economic terms. The broader understanding of integration needs to be better reflected. It should also be noted that denials of H&C can have a strong negative impact on the integration of many people surrounding the applicant, including family, colleagues, friends and community.

CONCERNS RELATING TO POLICY

9. Use of H&C as a catch all for inadequate policies . In the last several years in particular, H&C is again and again offered as the solution to problematic policies. For example, child refugees cannot include their parents and siblings on their permanent res > Victims of trafficking face removal from Canada despite being victims of a crime: the solution is H&C. Innocent family members are caught in the excluded family member rule: the solution is H&C. Using H&C to fill the gaps in blunt policies is not
working well.

10. Barriers to landing for those accepted in principle. The various requirements in the Act, such as medical admissibility and identity document requirements, frequently block people whose application has been approved in principle. This is particularly perverse when the central reason for accepting them is related to their inability to meet the requirements. For example, an applicant accepted because of her medical condition is then barred because of medical inadmissibility; a person accepted because of his statelessness is barred because he can’t produce a passport. IRPA 25 provides for the exemption of « any applicable criteria ». Why is this not better used? Why is IRPA 25 interpreted as applying only to the selection decision?

B. Types of situation of concern in relation to H&C

The following is a non-exhaustive list of the types of situation of particular concern to the CCR where people turn to H&C.

1. Refugees who should have been granted protection but who have been refused status due to flaws in the determination system.

2. Survivors of trafficking.

3. Persons with family with refugee or permanent status in Canada (including parents and/or siblings of refugee children recognized in Canada).

4. Stateless persons.


5. Persons (often women) who were under a family sponsorship but who have left their spouse due to domestic violence.

6. Persons whose removal from Canada would involve a serious rights violation (e.g. persons with a serious medical condition for which treatment is available in Canada but not in the country to which they would be removed).

7. Persons from countries to which Canada generally does not deport because of a situation of generalized risk (moratorium countries).

8. Persons who have been continuously in Canada for several years.

9. Persons who have integrated in Canada, where integration is viewed not from a narrow economic perspective but taking into consideration social, cultural and familial integration.

10. Persons who have worked for some time on temporary worker programs, notably as seasonal agricultural workers.

11. Excluded family members (R. 117(9)(d)).

12. Non-biological children who are separated from their only family who is in Canada.

13. Parents and siblings of child refugees in Canada.

14. Other family members of persons in Canada where there are specific humanitarian concerns (for example, because they are in – or facing removal to – a situation of generalized risk).

1. Human rights approach .

H&C decision-making should be gu > More weight should be given to IRPA 3(3)(f) and the need to comply with HR instruments, notably with respect to obligations regarding:

a. Best interest of the child.

b. Family unity. (Greater weight should be given to keeping families together/reuniting families).

2. Develop policy solutions

Situations that reflect a gap in policy should be addressed through a policy solution. This could include greater use of regulatory classes to respond to the situation of, for example:

Policy changes should be introduced to:

3. Introduce a process for overseas H&C applications

An overseas process should include a form, clear and accessible guidelines, and training for visa officers, local CIC offices and the call centres.

4. Apply a Gender-based Analysis

Conduct a Gender-based Analysis of the H&C process and decisions and apply the findings in order to ensure gender equality.

5. Give more guidance to officers

More guidance could and should be given to officers, without fettering their discretion. More situations could be presented as entailing a favourable presumption. The notion of integration needs to be framed more broadly.

6. Address processing barriers

Eliminate barriers such as fees (processing and $975), long processing times, admissibility criteria and lack of access to competent representation.

7. Provide applicants an opportunity to be heard by staying removal

Ensure there is consistent application of a policy to stay removal while an H&C decision is being made, at least when an H&C application has been pending for some time.

8. Update information before making a decision

Ensure there is consistent application of a policy to ask for updated information before making a decision if an application is not processed in a timely manner.

Humanitarian & Compassionate

What you need to know if you are filing a permanent res > September 19, 2020 By Mary Keyork

This type of application for permanent residence is an exceptional category, which was implemented in order to regularize the immigration status of certain vulnerable individuals in Canada who are out of status or who have no other available options to remain in Canada. Even some very compelling cases can be refused for this type of application as the ultimate decision rests on the officer and the decision maker who has a very high level of discretion. Because of this, if you believe that you or a family member or a friend could be eligible for this type of application, it will be important to ensure that the case is a deserving one but most importantly, it is crucial to understands the consequences of filing an H&C application.

What could make a strong case?

  • You have been living in Canada for a long time;
  • You are completely established in Canada;
  • You have strong ties to Canada;
  • You are financially stable in Canada;
  • You are integrated into Canadian society;
  • You consider Canada to be your only home;
  • You have family members living in Canada;
  • You have minor children who have been living in Canada for quite some time;
  • You have a strong network of friends in Canada;
  • You speak French and/or English;
  • If you do not speak French or English, you are making efforts to do so;
  • You are working in Canada;
  • You are volunteering in Canada;
  • You are furthering your educational or vocational skills in Canada;
  • You are having a positive impact on Canadian society and Canadians;
  • If you return to your home country, you would suffer hardship;
  • The country conditions of your home country are adverse to your return;
  • You have no way to reintegrate your home country should you return;
  • Your inability to leave Canada has led to your establishment in Canada;
  • You have very unique and exceptional circumstances for wanting to remain in Canada;
  • You do not meet the requirements of any other immigration category.


What are the consequences?

  • Once you file your application, you have to remain in Canada until a final decision is made;
  • If you travel outs >If you are thinking of filing an H&C application, we recommend that you schedule a consultation with our office and we will be able to determine the likelihood of success as our office has filed hundreds of these types of application. We will be able to determine if this is the best category for you or if there is another category that best fits your personal situation. We will also go through with you the consequences of filing such an application as its important to know from the onset what you are getting into as the processing times for an H&C application may, at times, be longer than expected.

Related posts

The Story of Feladelfo Anquilero – A True Inspiration

February 22, 2020 By Benoit Tremblay

Meet Feladelfo Anquilero (or as his friends call him, Del), a 59-year-old citizen of the Philippines. Following an accident at work in 1992, Feladelfo was left paralyzed and confined to a wheelchair for the rest of his life. Feladelfo has been living in Canada since 2001 – however without any legal status.IMG_2096

I first met Feladelfo in 2011 and submitted a permanent residence application on humanitarian and compassionate grounds on his behalf. This is an application open to individuals in Canada without status who have demonstrated a high level of establishment in Canada as well as individuals who would suffer hardship if forced to return to their home country.

Feladelfo’s journey, is by far, one of the most compelling in our office and we are happy to share his story. Despite being a paraplegic and having advanced stages of heart disease, Feladelfo is completely independent in Canada – he drives a specially adapted vehicle, he performs complex repairs on electronic components of automobiles but most importantly he commits every day to assists individuals less fortunate than him by ignoring his own needs. Feladelfo refuses to be a financial burden on Canadian society and ensures to obtain, as much as possible, medication, health care, and social services through his volunteer work and a network of friends. Feladelfo has been contributing to the development of his local church and community in Canada for over a decade now. Feladelfo is a humble, intelligent, positive, compassionate and cheerful gentleman. Despite the endless challenges he has faced in Canada, Feladelfo continues to persevere and refuses to allow his handicap to hold him back. Not only has Feladelfo lived in Canada without any social assistance from the government, but in return, he has contributed to the social fabric of our country with the countless hours of assistance and care he has provided to Permanent Residents of Canada and Canadian citizens.

On November 17, 2014, our office represented Feladelfo at the Federal Court of Canada in Toronto in reviewing the decision to refuse his humanitarian and compassionate application. Members of his community, friends, ex-employers, his host family and many others poured in to sit by Feladelfo and support him during the hearing. Supporters were asked: “how do you know Feladelfo?” One answered: “I met him in a snowstorm several years ago when he I noticed him assisting a group of people with car issues – he was lying under the vehicle doing significant repairs.”

Feladelfo teaches us determination, strength, perseverance and compassion. Feladelfo not only sets an example for newcomers to Canada but is a true inspiration for Permanent Residents of Canada and Canadian citizens. His unfailing optimism despite his continued life challenges, his constant willingness to help others and his profound humility has truly touched our hearts.

Our office is proud to represent Feladelfo and we will continue to fight for him.

Written by Mary Keyork LL.B., LL.M. , Immigration Lawyer

Humanitarian and Compassionate Applications

If you currently reside in Canada without a status, you may be able to submit an application based on humanitarian and compassionate grounds. In order to be considered eligible, you’ll have to show that you have already established yourself in Canada and that if you were forced to go back to your home country you would endure hardship. You’ll also have to demonstrate that Canada is the life you are used to now and that you have integrated fully into society. Volunteering, working, speaking one of the official languages and generally being a part of your community are examples that demonstrate your integration into Canadian society.

If the Canada Border Services Agency decides that you must be deported, the Humanitarian and Compassionate papers you have filled out won’t stop the removal process. This application may, however, provide you with some stay options as long as your application form was properly submitted in a timely fashion.

Please get in touch with our office if you believe that you may meet the eligibility requirements to fill out a Humanitarian and Compassionate application. We’ll get right back to you to book an initial consultation.

Does a Humanitarian and Compassionate application stop deportation?

A Permanent Residence application under Humanitarian and Compassionate (H&C) grounds does not stop deportation to Canada Border Services Agency (CBSA) has an obligation to remove individuals as soon as practical. A Permanent Residence under Humanitarian and Compassionate is handled by Citizenship and Immigration Canada (CIC) which is a different entity then CBSA. Although both entities do communicate at times, they both have different roles.

Although an H&C application does not automatically stop deportation, in some cases it might. If your H&C has been processing for a long time (at least one year), we can submit a request to CBSA to delay your removal in order to allow your application to continue processing.

If you are currently out of status and have the option to submit an H&C application, we recommend that you submit it as soon as possible by consulting with us as this can have a huge impact on your immigration case.

Here are some additional resources to address permanent resident applications to Canada:

My Humanitarian and Compassionate Application was refused today, what are my options?

Can I fight this in court? Can I re-apply?

You cannot “appeal” the outcome of a Humanitarian and Compassionate Application but if you think the deciding officer did not consider everything you submitted, misunderstood part of your case, or misapplied the law, then you can ask a judge to review the way the decision was made. The judge will not consider any evidence that you did not submit with your original application and will not replace his/her own opinion of the case for the officers. If it can be shown that the officer’s decision was unreasonable for one of the above reasons, the judge will order that a new decision is made, based on the same evidence, by a different officer. This process is called a Judicial Review at the Federal Court of Canada. You have 15 days from the date that you received the negative decision to start this Judicial Review process.

Alternatively, you can apply again with fresh evidence. If you have new evidence that you did not submit before but might make your case stronger, you should think about re-applying. There is no limit on the number of times you can re-apply.

You should consult an experienced immigration representative about the relevance and the weight of evidence and what route is more suitable in your circumstances. The wrong step might cost you heavily in time, expenses and missed opportunities. It is also crucial that you are aware of how your decision will impact on your status in Canada. Having received a negative decision means that you are now out of status in Canada and Canada Border Services Agency can call you in at any point to ask you to take steps to leave Canada.

I have been in Canada for 7 years without status and I am a failed refugee claimant – what can I do to obtain permanent res > January 30, 2020 By Benoit Tremblay

If you have stayed in Canada for a long period of 7 years you are likely to have established yourself socially and economically in Canada and built ties with the community. These factors, together with any danger or hardship you may face if returned to your country of origin, form the basis of a Humanitarian and Compassionate Application for Permanent Residence (H&C). If you have family ties in Canada or are in a common-law or conjugal relationship, you may also be eligible to be sponsored by them for permanent residence.

H&C applications are very much based on the applicant’s unique circumstances and should be supported with strong evidence and documents. They can take several months and sometimes years to process and your status is not guaranteed just because an application is in a process. If you are without status and you think you may qualify for an H&C application, you should consult an experienced representative without delay and be represented by them in making this application to improve your chances of success.

Humanitarian and Compassionate application. Канада

Русский форум Канады

Живое обсуждение всех вопросов о Канаде, иммиграция в Канаду и ее провинции, визах, ПМЖ, обучении в Kанаде и многом другом.

  • Темы без ответов
  • Активные темы

  • Поиск
  • Текущее время: 18 ноя 2020, 14:02
  • Часовой пояс: UTC-05:00

Humanitarian and Compassionate application.

Humanitarian and Compassionate application.

Сообщение Kamran » 02 дек 2020, 03:23

Уважаемые форумчане!
подскажите, пожалуйста где можно найти варианты H&C писем. Как выглядят эти апликейшаны.

Humanitarian & Compassionate

What you need to know if you are filing a permanent res > September 19, 2020 By Mary Keyork

This type of application for permanent residence is an exceptional category, which was implemented in order to regularize the immigration status of certain vulnerable individuals in Canada who are out of status or who have no other available options to remain in Canada. Even some very compelling cases can be refused for this type of application as the ultimate decision rests on the officer and the decision maker who has a very high level of discretion. Because of this, if you believe that you or a family member or a friend could be eligible for this type of application, it will be important to ensure that the case is a deserving one but most importantly, it is crucial to understands the consequences of filing an H&C application.

What could make a strong case?

  • You have been living in Canada for a long time;
  • You are completely established in Canada;
  • You have strong ties to Canada;
  • You are financially stable in Canada;
  • You are integrated into Canadian society;
  • You consider Canada to be your only home;
  • You have family members living in Canada;
  • You have minor children who have been living in Canada for quite some time;
  • You have a strong network of friends in Canada;
  • You speak French and/or English;
  • If you do not speak French or English, you are making efforts to do so;
  • You are working in Canada;
  • You are volunteering in Canada;
  • You are furthering your educational or vocational skills in Canada;
  • You are having a positive impact on Canadian society and Canadians;
  • If you return to your home country, you would suffer hardship;
  • The country conditions of your home country are adverse to your return;
  • You have no way to reintegrate your home country should you return;
  • Your inability to leave Canada has led to your establishment in Canada;
  • You have very unique and exceptional circumstances for wanting to remain in Canada;
  • You do not meet the requirements of any other immigration category.

What are the consequences?

  • Once you file your application, you have to remain in Canada until a final decision is made;
  • If you travel outs >If you are thinking of filing an H&C application, we recommend that you schedule a consultation with our office and we will be able to determine the likelihood of success as our office has filed hundreds of these types of application. We will be able to determine if this is the best category for you or if there is another category that best fits your personal situation. We will also go through with you the consequences of filing such an application as its important to know from the onset what you are getting into as the processing times for an H&C application may, at times, be longer than expected.

Related posts

The Story of Feladelfo Anquilero – A True Inspiration

February 22, 2020 By Benoit Tremblay

Meet Feladelfo Anquilero (or as his friends call him, Del), a 59-year-old citizen of the Philippines. Following an accident at work in 1992, Feladelfo was left paralyzed and confined to a wheelchair for the rest of his life. Feladelfo has been living in Canada since 2001 – however without any legal status.IMG_2096

I first met Feladelfo in 2011 and submitted a permanent residence application on humanitarian and compassionate grounds on his behalf. This is an application open to individuals in Canada without status who have demonstrated a high level of establishment in Canada as well as individuals who would suffer hardship if forced to return to their home country.

Feladelfo’s journey, is by far, one of the most compelling in our office and we are happy to share his story. Despite being a paraplegic and having advanced stages of heart disease, Feladelfo is completely independent in Canada – he drives a specially adapted vehicle, he performs complex repairs on electronic components of automobiles but most importantly he commits every day to assists individuals less fortunate than him by ignoring his own needs. Feladelfo refuses to be a financial burden on Canadian society and ensures to obtain, as much as possible, medication, health care, and social services through his volunteer work and a network of friends. Feladelfo has been contributing to the development of his local church and community in Canada for over a decade now. Feladelfo is a humble, intelligent, positive, compassionate and cheerful gentleman. Despite the endless challenges he has faced in Canada, Feladelfo continues to persevere and refuses to allow his handicap to hold him back. Not only has Feladelfo lived in Canada without any social assistance from the government, but in return, he has contributed to the social fabric of our country with the countless hours of assistance and care he has provided to Permanent Residents of Canada and Canadian citizens.

On November 17, 2014, our office represented Feladelfo at the Federal Court of Canada in Toronto in reviewing the decision to refuse his humanitarian and compassionate application. Members of his community, friends, ex-employers, his host family and many others poured in to sit by Feladelfo and support him during the hearing. Supporters were asked: “how do you know Feladelfo?” One answered: “I met him in a snowstorm several years ago when he I noticed him assisting a group of people with car issues – he was lying under the vehicle doing significant repairs.”

Feladelfo teaches us determination, strength, perseverance and compassion. Feladelfo not only sets an example for newcomers to Canada but is a true inspiration for Permanent Residents of Canada and Canadian citizens. His unfailing optimism despite his continued life challenges, his constant willingness to help others and his profound humility has truly touched our hearts.

Our office is proud to represent Feladelfo and we will continue to fight for him.

Written by Mary Keyork LL.B., LL.M. , Immigration Lawyer

Humanitarian and Compassionate Applications

If you currently reside in Canada without a status, you may be able to submit an application based on humanitarian and compassionate grounds. In order to be considered eligible, you’ll have to show that you have already established yourself in Canada and that if you were forced to go back to your home country you would endure hardship. You’ll also have to demonstrate that Canada is the life you are used to now and that you have integrated fully into society. Volunteering, working, speaking one of the official languages and generally being a part of your community are examples that demonstrate your integration into Canadian society.

If the Canada Border Services Agency decides that you must be deported, the Humanitarian and Compassionate papers you have filled out won’t stop the removal process. This application may, however, provide you with some stay options as long as your application form was properly submitted in a timely fashion.

Please get in touch with our office if you believe that you may meet the eligibility requirements to fill out a Humanitarian and Compassionate application. We’ll get right back to you to book an initial consultation.

Does a Humanitarian and Compassionate application stop deportation?

A Permanent Residence application under Humanitarian and Compassionate (H&C) grounds does not stop deportation to Canada Border Services Agency (CBSA) has an obligation to remove individuals as soon as practical. A Permanent Residence under Humanitarian and Compassionate is handled by Citizenship and Immigration Canada (CIC) which is a different entity then CBSA. Although both entities do communicate at times, they both have different roles.

Although an H&C application does not automatically stop deportation, in some cases it might. If your H&C has been processing for a long time (at least one year), we can submit a request to CBSA to delay your removal in order to allow your application to continue processing.


If you are currently out of status and have the option to submit an H&C application, we recommend that you submit it as soon as possible by consulting with us as this can have a huge impact on your immigration case.

Here are some additional resources to address permanent resident applications to Canada:

My Humanitarian and Compassionate Application was refused today, what are my options?

Can I fight this in court? Can I re-apply?

You cannot “appeal” the outcome of a Humanitarian and Compassionate Application but if you think the deciding officer did not consider everything you submitted, misunderstood part of your case, or misapplied the law, then you can ask a judge to review the way the decision was made. The judge will not consider any evidence that you did not submit with your original application and will not replace his/her own opinion of the case for the officers. If it can be shown that the officer’s decision was unreasonable for one of the above reasons, the judge will order that a new decision is made, based on the same evidence, by a different officer. This process is called a Judicial Review at the Federal Court of Canada. You have 15 days from the date that you received the negative decision to start this Judicial Review process.

Alternatively, you can apply again with fresh evidence. If you have new evidence that you did not submit before but might make your case stronger, you should think about re-applying. There is no limit on the number of times you can re-apply.

You should consult an experienced immigration representative about the relevance and the weight of evidence and what route is more suitable in your circumstances. The wrong step might cost you heavily in time, expenses and missed opportunities. It is also crucial that you are aware of how your decision will impact on your status in Canada. Having received a negative decision means that you are now out of status in Canada and Canada Border Services Agency can call you in at any point to ask you to take steps to leave Canada.

I have been in Canada for 7 years without status and I am a failed refugee claimant – what can I do to obtain permanent res > January 30, 2020 By Benoit Tremblay

If you have stayed in Canada for a long period of 7 years you are likely to have established yourself socially and economically in Canada and built ties with the community. These factors, together with any danger or hardship you may face if returned to your country of origin, form the basis of a Humanitarian and Compassionate Application for Permanent Residence (H&C). If you have family ties in Canada or are in a common-law or conjugal relationship, you may also be eligible to be sponsored by them for permanent residence.

H&C applications are very much based on the applicant’s unique circumstances and should be supported with strong evidence and documents. They can take several months and sometimes years to process and your status is not guaranteed just because an application is in a process. If you are without status and you think you may qualify for an H&C application, you should consult an experienced representative without delay and be represented by them in making this application to improve your chances of success.

Issues with humanitarian and compassionate applications

ISSUES for H&C ROUNDTABLE, 27-28 March 2006

A. Major concerns regarding humanitarian and compassionate consideration (H&C) as it works currently

IRPA s. 25 undeniably has prov > In fact, H&C has been asked to bear the weight of large expectations, because of gaps in many immigration policies. These expectations only heighten the concerns felt by the members of the Canadian Council for Refugees over some shortcomings in the current functioning of H&C.

CONCERNS RELATED TO PROCESS

1. Extremely slow processing . People routinely wait years for a decision on an H&C application. Slow processing is neither fair (particularly given the significant fees paid by the applicant) nor is it effective (people who need a humanitarian exemption may be deprived of it because they are forced to leave Canada before a decision is rendered, and/or they spend spend years in a vulnerable state of legal limbo). There is considerable inconsistency in whether removals are stayed for persons with a pending H&C application pending. The slow processing can also mean that submissions made on application are no longer up-to-date when a decision is rendered. While in many cases officers will request an update before making a decision, this is not always done.

2. Overseas processing of H&C is extremely obscure . Those who might need overseas H&C consideration for the most part don’t know how to apply. There is no form on which to apply. Visa offices do not seem to handle requests consistently. In some cases a person applying using e.g. a Family Class form but including a request for H&C consideration simply receives a rejection stating that they do not meet the Family Class regulations. Local CIC offices in Canada and the Call Centre do not give consistent advice on overseas H&C. The lack of clarity in overseas H&C processing is a major issue because a significant number of people must use H&C for family reunification (including to reunite children with their parents, in keeping with Canada’s obligations under the Convention on the Rights of the Child). Situations requiring recourse to overseas H&C include a) excluded family members (R. 117(9)(d)), b) children who are found through DNA not to be the biological children, and c) other de facto family members.

3. Processing fees are a barrier . This is especially the case for the most vulnerable people, for example, children, single parents, people with medical problems or disabilities. As a result, some of the cases where Canadians would most agree that there should be a humanitarian exemption are those where the applicant cannot afford the H&C fee. Those who need H&C are often in an extremely precarious financial situation (for example, women who have fled domestic violence) and their lack of status in Canada may mean that they do not have a work permit (and even if they have one, they are unlikely to be able to work at a well-paying job). The Right of Permanent Residence Fee also constitutes a particular hardship in many H&C cases.

4. Complexity of the process for those without representation . It is difficult for most applicants to negotiate the process successfully without expert guidance or representation. Many NGOs and legal clinics provide this kind of support, but it is not available to all applicants, even though their situation may be extremely compelling, since there is little funding available for this service. It would be interesting to study the impact of representation (including different types of representation) on success of applications, and the reasons some applicants are not represented.

CONCERNS RELATED TO DECISION-MAKING

5. Inconsistent decision-making . CCR members are often confused by decision-making which often does not appear to reflect a coherent pattern. Some cases that seem particularly compelling are refused, while others that seemed similar or less compelling are accepted. There appears to be inconsistency between regions and from decision-maker to decision-maker.

6. Decisions do not always reflect what we understand to be a humanitarian and compassionate approach . The Act refers to « humanitarian and compassionate considerations ». In IP5, the test is stated rather as « unusual or undeserved hardship » or « disproportionate hardship ». One may wonder whether framing the H&C test in this way tends to narrow the considerations. In some decisions, however, the test is changed into something that is clearer much harder to meet. For example, applicants have been turned down because they did not face « excessive hardship » or « irreparable harm ». Is there a consistent interpretation and application of the H&C test?

7. Best interest of the child . The CCR appreciates the efforts made by CIC to address the specific obligation in the statute to take into account the best interests of the child, in line with Canada’s obligations under the Convention on the Rights of the Child. However, interpretation and application seem inconsistent and we are concerned by tendencies to take a restrictive interpretation. IP5, 5.19 states the obligation to be alert and sensitive to the interests of children, but immediately narrows the obligation in ways that do not seem consistent with Canada’s human rights obligations. The officer is told there is no obligation if the issue of the children’s interests is not « sufficiently clear » from the material submitted, despite the clear Convention obligation, reinforced by IRPA 3(3)(f) calling for the Act to be applied in a manner that complies with international human rights instruments. The manual also emphasizes that the interests of the child do not outweigh all other factors, without mentioning the Convention obligation to give « primary consideration » to the best interests of the child. IP5 also fails to adequately reflect the Federal Court’s judgment in Hawthorne, which spoke of the need to look at the benefits to the child of non-removal as well as the hardship in removal.

8. Narrow understanding of successful integration . Integration is a process that involves a whole range of aspects of the human experience, including social, cultural, psychological and familial aspects. This is broadly understood within Citizenship and Immigration Canada, a department that has developed considerable expertise in the topic of integration. Through the Metropolis initiative, researchers have added to our understanding of the complexity and multifaceted nature of integration. Yet, within H&C decision-making integration too often seems to be measured primarily and even exclusively in economic terms. The broader understanding of integration needs to be better reflected. It should also be noted that denials of H&C can have a strong negative impact on the integration of many people surrounding the applicant, including family, colleagues, friends and community.

CONCERNS RELATING TO POLICY

9. Use of H&C as a catch all for inadequate policies . In the last several years in particular, H&C is again and again offered as the solution to problematic policies. For example, child refugees cannot include their parents and siblings on their permanent res > Victims of trafficking face removal from Canada despite being victims of a crime: the solution is H&C. Innocent family members are caught in the excluded family member rule: the solution is H&C. Using H&C to fill the gaps in blunt policies is not
working well.

10. Barriers to landing for those accepted in principle. The various requirements in the Act, such as medical admissibility and identity document requirements, frequently block people whose application has been approved in principle. This is particularly perverse when the central reason for accepting them is related to their inability to meet the requirements. For example, an applicant accepted because of her medical condition is then barred because of medical inadmissibility; a person accepted because of his statelessness is barred because he can’t produce a passport. IRPA 25 provides for the exemption of « any applicable criteria ». Why is this not better used? Why is IRPA 25 interpreted as applying only to the selection decision?

B. Types of situation of concern in relation to H&C

The following is a non-exhaustive list of the types of situation of particular concern to the CCR where people turn to H&C.

1. Refugees who should have been granted protection but who have been refused status due to flaws in the determination system.

2. Survivors of trafficking.

3. Persons with family with refugee or permanent status in Canada (including parents and/or siblings of refugee children recognized in Canada).

4. Stateless persons.

5. Persons (often women) who were under a family sponsorship but who have left their spouse due to domestic violence.

6. Persons whose removal from Canada would involve a serious rights violation (e.g. persons with a serious medical condition for which treatment is available in Canada but not in the country to which they would be removed).


7. Persons from countries to which Canada generally does not deport because of a situation of generalized risk (moratorium countries).

8. Persons who have been continuously in Canada for several years.

9. Persons who have integrated in Canada, where integration is viewed not from a narrow economic perspective but taking into consideration social, cultural and familial integration.

10. Persons who have worked for some time on temporary worker programs, notably as seasonal agricultural workers.

11. Excluded family members (R. 117(9)(d)).

12. Non-biological children who are separated from their only family who is in Canada.

13. Parents and siblings of child refugees in Canada.

14. Other family members of persons in Canada where there are specific humanitarian concerns (for example, because they are in – or facing removal to – a situation of generalized risk).

1. Human rights approach .

H&C decision-making should be gu > More weight should be given to IRPA 3(3)(f) and the need to comply with HR instruments, notably with respect to obligations regarding:

a. Best interest of the child.

b. Family unity. (Greater weight should be given to keeping families together/reuniting families).

2. Develop policy solutions

Situations that reflect a gap in policy should be addressed through a policy solution. This could include greater use of regulatory classes to respond to the situation of, for example:

Policy changes should be introduced to:

3. Introduce a process for overseas H&C applications

An overseas process should include a form, clear and accessible guidelines, and training for visa officers, local CIC offices and the call centres.

4. Apply a Gender-based Analysis

Conduct a Gender-based Analysis of the H&C process and decisions and apply the findings in order to ensure gender equality.

5. Give more guidance to officers

More guidance could and should be given to officers, without fettering their discretion. More situations could be presented as entailing a favourable presumption. The notion of integration needs to be framed more broadly.

6. Address processing barriers

Eliminate barriers such as fees (processing and $975), long processing times, admissibility criteria and lack of access to competent representation.

7. Provide applicants an opportunity to be heard by staying removal

Ensure there is consistent application of a policy to stay removal while an H&C decision is being made, at least when an H&C application has been pending for some time.

8. Update information before making a decision

Ensure there is consistent application of a policy to ask for updated information before making a decision if an application is not processed in a timely manner.

Гуманитарная программа

Одна из самых запутанных программ по получению статуса постоянного резидента* в Канаде. Все заявки по гуманитарной программе, которая красиво зовётся Application on Humanitarian and Compassionate Grounds, основываются на графе 25 Иммиграционного Акта, которая гласит:

  1. (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.

Иными словами, заявки по гуманитарной программе это те, которые при подаче по любой другой программе не получили бы разрешения. Не смотря на расплывчатость определения гуманитарных оснований, про подаче данной заявки стоит полагаться на два основных фактора:

1. Уровень обустроенности заявителя в Канаде (Establishment) и

2. Уровень неудобства/трудности для заявителя подавать на статус за пределами Канады (Hardship).

Замечу, что при подаче гуманитарной заявки в Канаде, Министр (иными словами департамент иммиграции и его офицеры) обязан рассмотреть заявку. В то время как при подаче за пределами Канады – он лишь может её рассмотреть.


Establishment

Список того что попадает под обустроенность достаточно большой, приведу лишь несколько примеров. Под уровень обустроенности попадает период проживания на территории Канады, занятия тем или иным делом на территории Канады. Иногда, знание языка или желание его изучить, а также доказательства того что заявитель сделал Канаду своим домом.

Hardship

Но, конечно, самой главной частью любой гуманитарной заявки является аспект трудности заставить заявителя покинуть Канаду и вернуться в страну проживания. Такими трудностями может являться, к примеру, длительное отсутствия заявителя в стране исхода, политическое или экономическое положение в стране, наличие социальных услуг, и даже угроза жизни и здоровью. Список этот можно продолжать долго. Самое главное, убедить иммиграционного офицера что положение заявителя настолько ухудшится по возвращению в страну исхода, что по состраданию, стоит одобрить заявку.

Заявку на гуманитарную программу можно найти здесь (если подача за пределами Канады, то здесь). Учитывая что гуманитарные заявки они чистой воды discretionary decisions – то есть очень многое зависит от того насколько убедительны аргументы заявителя в поддержку уровня трудности, желательно не ограничиваться лишь заполнением анкеты, используя окна анкеты для объяснения ситуации. В этом есть большой практический смысл: чем больше вы предоставите информации, чем чётче вы напишите связь между той или иной ситуацией и как она повлияет на трудность/неудобство, тем больше шансов на то, что иммиграционный офицер осознает тяжесть ситуации. Не стоит полагаться на то, что иммиграционный офицер и так поймёт как то или иное событие/ситуация приведут к трудностям для заявителя. Иммиграционный офицер не обязан разбираться в предоставленной информации, при недостатке убедительных аргументов или при отсутствии объяснения как именно данное событие влияет на конкретного заявителя – иммиграционный офицер имеет полное право отказать в заявке.

Не смотря на то, что офицер не имеет юридического обязательства вдаваться в подробности, выяснять детали заявки, он/a обязан рассмотреть всю предоставленную информацию и, при принятии решения, чётко объяснить почему заявка должна быт одобрена или нет. Иммиграционный офицер также имеет полномочия провести своё исследование ситуации на территории страны, куда заявитель будет возвращён, если он/а не получат статус в Канаде. На личном опыте скажу, что иммиграционные офицеры очень часто пользуются этой возможностью, и при выдаче отказа на гуманитарную заявку приводят свои источники информации, объясняя что заявитель на самом деле не будет иметь трудностей при возвращении в страну исхода. Хорошие новости здесь в том, что офицеры – люди не владеющие знаниями о юриспруденции, и очень часто в своих формулировках отказа совершают серьёзные ошибки, которые позволяют заявителю подать на апелляцию решения.

Заявку на гуманитарную программу желательно подавать лишь раз, но сделать её пуленепробиваемой. Если в первый раз заявка отклонена, вторая заявка должна серьёзно отличаться от первой: те же самые данные и те же самые аргументы приведут к идентичному результату. Поэтому, если вам отказали в первой заявке, перед тем как подавать вторично, критически оцените ситуацию заявителя, решите если что-то кардинально поменялось либо в жизни заявителя, либо в ситуации в стране, и тп.

Ну и последнее. Гуманитарные заявки – это юридическое искусство. Это умение интерпретировать ситуацию в пользу заявителя. Это знание на какие материалы полагаться, и какие избегать. Это умение представлять настолько убедительные источники информации, чтобы иммиграционный офицер не смог найти лазейку для отказа.

Eсли вы решите обратиться за помощью к юристу, заранее обговорите с ним/ней насколько они знакомы с данными заявками, какой у них опыт работы с такими заявками, как они себе представляют будет выглядеть ваша заявка, какие сильные и слабые стороны в вашей ситуации и т.п.

* гуманитарные основания могут также применяются при решениях о недопустимости (inadmissibility), при ситуациях связанных с депортацией из Канады, при неимении необходимого годового дохода для спонсорства родственника (LICO), при ошибках на заявках (Misrepresentation), при ситуациx когда один из детей больше не попадает под определение dependant child и т.п.

Если вы подумываете о гуманитарной программе, свяжитесь с нами для профессиональной оценки вашей ситуации и ваших вариантов для иммиграции.

Humanitarian and Compassionate Applications – When all seems lost!

A comprehensive look at H&Cs with Immigration Lawyer Jean Munn, Q.C.

I f you are getting ready to file a Humanitarian and Compassionate application STOP ! …….. DO NOT SUBMIT THE APPLICATION! Before you do … listen to what Immigration Lawyer Jean Munn shared with me in this fantastic episode of the Canadian Immigration Podcast. I had a ton of respect for Jean before our interview; however, after listening to the amazing insight and strategies Jean so openly shared with me, that respect has skyrocketed into the stratosphere.

If there is one episode you absolutely can not afford to miss , it is this one. Every lawyer, consultant, or foreign national will increase their chance of getting an H&C approved by listening and applying what Jean shared with me in this episode.

This was one of the most enjoyable experiences I have ever had interviewing a guest for the podcast. It just blows me away how much helpful information and useful content Jean prov >yet she did….and so freely and openly . It is easy to see why Jean has been recognized in Alberta for her outstanding service to the profession and her community with the designation of Queen’s Counsel.

Jean Munn practices immigration law with the law firm of Caron and Partners in Calgary, Alberta. She is fluent in Spanish. In fact, 50% of her case load comes from working with Spanish speaking clients. She is truly one of the leaders in our field and a wonderful advocate for disenfranchised foreign nationals who are on the verge of giving up hope that they will ever be able to realize their dream of remaining in Canada permanently.

Jean represents not only individuals, but a number of municipalities, corporations, non-profit agencies, boards, and community organizations. Jean has appeared before all levels of Court in Alberta and before the Federal Court of Canada, Federal court of Appeal, and the Immigration and Refugee Board. She is presently serving as a Member of the Alberta Human Rights Commission.

In this episode, Jean and I covered the following topics related to humanitarian and compassionate applications.

  1. Background information on H&C applications.
  2. Who is eligible and who is not eligible to apply – the typical scenario.
  3. What factors are taken into consideration and what factors cannot be considered.
  4. How to apply – including best practices.
  5. How to make the strongest application possible.
  6. Processing procedure.
  7. A ton of other tips and strategies essential for getting an H&C approved.

[Tweet “Humanitarian and Compassionate applications – when all else fails!“]

Additional Resources:

  • Jean Munn’s Contact Information:http://www.caronpartners.com/d-jean-munn/
    • e-mail:jmunn@caronpartners.com
  • Jean’s List of Highly Recommended Psychologists in Calgary:
    • Dr. Beverley Frizzell : bev.f@telus.net
    • Dr. Hap Davis : hapdavis@gmail.com
    • Gabriela Valenzuela (for Best Interest of the Child) : impactps@shaw.ca

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

Search our Site

ABOUT MARK HOLTHE

I am an x-immigration officer with Citizenship and Immigration Canada (CIC) and a Canadian Immigration Lawyer for the Lethbridge, Alberta office of Stringam LLP, Alberta’s Regional Law Firm.

I created the Canadian Immigration Podcast to help people who are searching for answers to their immigration questions. With Immigration Refugees and Citizenship Canada (IRCC) making it increasingly difficult to speak with a live officer, my goal is to create a resource of information that is both practical and useful to anyone in the process of filing an immigration application.

If you are in the process of filing a Canadian immigration application, or are just looking for up to date information on Canadian law, policy and practice, this is the right place for you.

Очень важная для вас статья:  Есть ли в Канаде трущобы Канада
Добавить комментарий