HUMANITARIAN AND COMPASSIONATE CASES
Keywords: Humanitarian Immigration to Canada, Compassionate Canadian immigration, humanitarian and compassionate Canadian immigration
A duty of any society is tooffer assistance and protection for those in need, and Canada has an established and proud record of doing so, both independently and as part of the broader international movement. Humanitarian and compassionate Canadian immigration follows no set process or program, simply because the individual circumstances of each applicant can vary so dramatically, what works for one will not be suitable for another.
Humanitarian immigration to Canada is covered under section 25 of the Immigration and Refugee Protection Act (IRPA), an extremely crucial part of the overall legislation outlining who can apply for compassionate Canadian immigration. This legislation has been changed over recent years, and this has tightened the definition of humanitarian and compassionate Canadian immigration policy, and more clearly outlined the necessary eligibility proof to successfully complete an application. The humanitarian and compassionate Canadian immigration decisions made through section 25 of IRPA are essentially visa exemption, with the subject later requiring further applications to establish permanent residence or citizenship. Not in all cases permanent residence status to be awarded as a result of a humanitarian and compassionate Canadian immigration application.
First, it is important to understand from the beginning that is an extremely long process, humanitarian and compassionate Canadian immigration can take several years until there is a decision. It is also important to recognize that approval requires exceptional circumstances and that the compassionate Canadian immigration route is not a short-cut to circumvent other established programs.
To be eligible for humanitarian and compassionate Canadian immigration the applicants must be able to demonstrate that they would suffer underserved, unusual or excessive hardship, including but not limited to unjust imprisonment, lost of establishment in Canada, lost of friendship connections that were established over the years in Canada, the absence of adequate medical care outside Canada, lost of stable employment income that person had in Canada, should they be required to leave Canada.
Applications for humanitarian immigration to Canada are assessed on an individual basis. However there are some factors that can aid significantly in the success of the application. Candidates who have a history of stable employment and financial competence are better received, as this shows an ability to add to support the child and provide a stable environment. Likewise, those seeking compassionate Canadian immigration that have made a conscious effort to integrate into the community are viewed favorably too. This could be participating in community groups, volunteering to aid others or other activities that have a positive impact on their local community. The aim is to establish that the applicant will be a productive participant in Canadian society, contributing to the overall betterment of the country. This, in turn, enhances the case for a positive decision for humanitarian and compassionate Canadian immigration.
Of course, the applicant’s behavior and contribution within Canada is only part of the case, the other being the issues faced should they be forced to leave. Here, applicants should provide detailed, well supported explanations of the situation they face should their humanitarian and compassionate Canadian immigration application be refused. This should include the support available in the home country, the interdependency between the applicant and sponsor or other Canadian citizens or permanent resident that would be impacted.
The more detailed the case made to explain why compassionate and humanitarian Immigration to Canada is required, the more chance of the application being successful. The IRPA delivers a statutory obligation to ensure that decisions are made in the best interests of the child when such Section 25 applications are made on behalf of a minor. It is this requirement that is often the key aspect of an application that allows a legal team to successfully argue the case for an award of permanent residence or a visa exemption.
With each application being unique, applying for compassionate or humanitarian immigration to Canada is a process that requires legal consultation throughout. With its long route to a decision and heavy requirement for detailed proof of danger or hardship, humanitarian and compassionate Canadian immigration is one of the most difficult applications to be successful with. Having good legal guidance throughout is crucial, and the best approach even before an application is made is to consult a legal expert to assess the claim.
