Under Canadian immigration, the applications or appeal can be made on Humanitarian and Compassionate grounds which allows individuals to apply for Permanent Residence who otherwise may not be eligible. The applicant must demonstrate that they would experience unusual and undeserved or disproportionate hardships if they were ask to leave Canada.
Permanent residency applications on H&C grounds are approved only in exceptional circumstances where assessment is made on the information provided by applicant and a decision will be made based on personal circumstances of each individual. It can take many years to process an application.
Many H&C applications are based on degree of economic, cultural or family establishment in Canada which is significant in nature.
Decision will be made on the following basis:
- History of stable employment, filing regular Income Tax returns and paying Taxes regularly
- Investments made in Canada and future financial commitments and management
- Integrated into the community through community organizations, volunteer or other activities
Type of hardship he would face if the application is refused:
- Quality and amount of family support or dependency in Canada as well as in the home country.
- Best interests of the child when examining and deciding the circumstances of the applicant. This one point can be strongly argued under H&C applications.
- There is no guarantee whether your application will be approved or rejected. If it is refused, in certain cases appeal can be made to the Federal Court of Canada to review the decision.