Humanitarian & Compassionate Cases

Navigating the Application

 

Applications to remain in Canada based on humanitarian and compassionate (H&C) grounds are rare and complex.  They are used for applicants who are not found to be eligible to become permanent residents.

If you are thinking about proceeding with an H&C application for permission to remain in Canada, it would be in your best interests to have a legal professional assist you through this difficult process.  These applications require carefully crafted submissions as to why you should be permitted to stay in Canada, even though other immigration criteria have not been met.

To present these arguments to the government, Fisher Law will:

  • ensure that relevant and powerful documents of support are included in the application;

  • communicate with you transparently and with compassion throughout the long and challenging application process;

  • interview family members, friends, employers and contacts who may be relevant to the situation;

  • take time and effort to build your strongest case for staying in Canada;

  • meet all timelines and requirements of the government; and

  • take on the burden of managing all of the paperwork and information required.

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H&C applications must only be made in exceptional situations and must meet exacting and onerous requirements of the application process. These applications are not available for those seeking temporary residence in Canada and cannot be submitted if you have a pending refugee claim.

 

In addition, barring a few exceptions, if your refugee claim is denied, you must wait 12 months before making an H&C application.  Also, making the application does not provide a stay (cancellation) of any removal order. H&C applications may take years to be decided upon. Having Fisher Law support you through this process will help ease the worry often surrounding such a complicated and long-term process.