Many people don’t know about the fact that under Section A25 and A25.1 of the Immigration and Refugee Protection Act (IPRA), any person can get the permanent residency in Canada on the basis of humanitarian and compassionate ground. There is a list of particular criteria to become eligible for the permanent residency of the country. However, there are some exceptions on the Humanitarian and Compassionate grounds on the basis of which one can apply for the PR status in Canada as per the suggestion of the Best Immigration Consultants In Delhi for Canada.
This H&C permanent residency visa is specially designed for those people who already settle in the country and have established a close bond with the community around but they don’t have the required legal status and for that, they cannot apply for any other permanent residency visa.
However, the applicants must demonstrate to the Court that they must have some valid and unavoidable reason to stay in the country as per their family ties and establishments.
There are some factors on which the H&C will evaluate the application. They are listed in the following section:
- How well the person is settled in the country?
- What are the general family ties to Canada to the person?
- Is there any best interest of any children involved?
- What will happen if the application is not granted?
- Is there any physical and mental health concern?
The individuals must have to follow certain rules to get approval for the Canadian Immigration on Humanitarian and Compassionate grounds. You can also consult with the Best Immigration Consultants In Delhi for Canada to know more about it.
Here are the rules that the individuals have to follow to apply for the PR visa on H&C grounds.
- This H&C visa is not applicable to the temporary residents. This visa request is only applicable for the permanent residencies only.
- In the application, you are allowed to mention only one humanitarian and compassionate ground as more than one is not allowed.
- There will be no evaluation of the risk factors like cruel or unusual treatment, persecution, life risk or punishment.
- The candidates must have a pending refugee claim in time of applying for the permanent residency visa under the humanitarian and compassionate grounds. If you have any pending application, you must withdraw it before going to the Immigration and Refugee Board of Canada (IRB).
- In case the IRB rejects the application, then the applicant is not eligible to apply for the H&C grounds for the next 12 months. For that reason, the applicant must maintain the ‘one-year bar’ before submitting the application. However, there are two conditions on which this bar is not valid.
- In case, you have children who are under 18 years who will be affected if you have removed.
- You need to prove that one of your dependents suffer from any life-threatening health condition which cannot be treated in the home country.
However, while applying for this visa, you need to make sure that all of your documents are in place.