Refugee claims and Humanitarian Applications
Have you sought temporary refugee in camps across the border from your war-torn country and you want to come to Canada as a refugee? Or have you made you way into Canada escaping your country of origin or country of residence due to fear of prosecution and risk to your life? Canada offers protection to the world’s displaced people like you through the Canadian refugee protection programs. These programs, which are managed by Immigration, Refugee and Citizenship Canada (IRCC), is intended to protect refugees and people in refugee-like situations who are in need of resettlement.
There are two general types of refugees: Persons in Need of Protection and Convention Refugees.
A person in need of protection is a person in Canada who can’t return to their home country safely. This is because, if they return, they may face
- danger of torture
- risk to their life
- risk of cruel and unusual treatment or punishment
Convention refugees are outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on
- political opinion
- being part of a social group, such as women or people of a particular sexual orientation
If you are seeking for legal advice about Refugee programs, contact Springwind Immigration.
Humanitarian and Compassionate Program
H&C applications are one of the more subjective processes in immigration matters. Decision-making is based solely on documentation submitted by the applicant, and the decision-maker has broad discretion when considering the reasons for and circumstances of the applicant. Officers analyze several factors, including applicants’ establishment in Canada, their family ties to Canada, the best interests of any children involved, and the hardship they would face if their application is rejected.
Who may be eligible for this program?
You may apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:
- are a foreign national currently living in Canada;
- need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada;
- believe humanitarian and compassionate considerations justify granting the exemption(s) you need;and
- are not eligible to apply for permanent residence from within Canada in any of these classes:
- Spouse or Common-Law Partner;
- Live-in Caregiver;
- Caregivers: caring for children or people with high medical needs;
- Protected Person and Convention Refugees; and
- Temporary Resident Permit Holder.
Book a personal consultation to speak with our licensed immigration consultant today about Humanitarian and Compassionate Program over the phone, on Zoom, Skype or in person at our Toronto office.