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In order to apply to become a Permanent Resident of Canada, an individual is required to have legal status either in Canada or in the country they are residing in. However, some individuals in Canada do not have status and wish to apply for permanent residence. Those individuals can do so under Humanitarian and Compassionate (H & C) grounds.

Subuhi Siddiqui has been working on H & C applications for the last seven (7) years and has successfully helped her clients become permanent residents of Canada through this application. Since this is a very tough application to get approved, Ms. Siddiqui targets factors that she knows are required to gain an approval.

Applying for permanent residence under H & C grounds is difficult and should only be considered if a case is exceptional. These applications are processed and determined on a case-by-case basis. Thus, in order for our client’s application to be approved, we gather strong evidence under specific categories to reflect our client’s situation and eligibility. Examples of the evidence are:

  • Ties to Canada;
  • If children are present, their best interest; and
  • What would be the consequences for the applicant if the application is denied.

As mentioned above, not everyone qualifies to apply for permanent residency under this type of application. Since a CIC officer in tasked with determining if permanent residency should be given to an individual purely on H & C grounds, many factors on top of the ones mentioned above need to be taken in consideration:

  • An individual can only apply for one (1) H & C application at a time;
  • This application only pertains to permanent residency, not temporary residency in Canada;
  • If one has an refugee claim pending, they do not qualify to apply for an H & C application. They can only apply for this application if they withdraw they claim prior to the  Immigration and Refugee Board of Canada (IRB) hearing*; and
  • If an individual has received a negative decision from the IRB, they cannot apply for H & C until 12 months have passed. This is known as the “one year bar”. However, this bar does not apply if :
    • You or one of your dependents has a life-threatening medical illness that your home country will be unable to treat; or
    • If you have children under the age of 18, and they would face traumatic situations if removed from Canada.

* This does not apply to people with pending refugee claims who applied on H&C grounds before June 28, 2012.)

If a H & C  application is refused, the refusal can be appealed at the Federal Court of Canada. At the Federal Court, it needs to be proven that there was an error in either fact or law by the officer who made the decision on the application.

Please contact Subuhi Siddiqui Immigration Law Firm for your immigration, citizenship or status matter. To set up a consultation, give us a call at (647) 454-9364 or e-mail us at subuhi@ssimmigration.ca.