Humanitarian GroundsImmigrate to Canada based on Humanitarian and Compassionate grounds
The Humanitarian and Compassionate (H&C) is for people who would not typically be eligible to become permanent residents of Canada may be able to apply on H&C grounds. The H&C application is for those who are in Canada and would undergo excessive hardship if they were deported back to their home country regarding social, economic or personal reasons.
Humanitarian and compassionate grounds are the last resort for people who wish to remain in Canada. But you must remember that H&C grounds are not there as a regular channel of entering into and staying in Canada.
The H&C grounds relate to individuals with extraordinary cases. The Canadian Immigration system assess these applications on a case-by-case basis.
The factors they look are:
- how settled the person is in Canada
- general family ties to Canada
- the best interests of any children involved, and
- what could happen to the applicant if not granted the request
The H&C application is in two categories
- Resettlement from outside Canada and
- Claiming refugee protection from inside Canada
Resettlement from outside Canada
There’s no way you can apply directly to the Canadian government as a refugee. The United Nations Refugee Agency (UNHCR) will need to refer you or a private sponsorship group. And to be recommended, you need to be under any of the below classes of a refugee:
- Convention Refugee Abroad Class:This type of refugee class belongs to individuals who are outside their native country and unwilling to return because of fear of oppression or maltreatment based but not limited to race, kidnapping, religion, killing, political opinion, nationality or membership in a particular social group or any type of abuse that will lead to loss of life. The Government of Canada can sponsor individuals under the convention refugee abroad class as well as privately owned; and sometimes a mixture of both. You may also be a Convention refugee if you have sufficient funds that you need to fend for yourself and your family when you arrive in Canada. You will still need the UNHCR, a referral organization, or a private sponsorship group to refer you.
- Country of Asylum Class: You may fall under this class if you are outside your native country, and have been severely affected by civil war or armed conflict, or have been denied fundamental human rights on an ongoing basis. The Country of asylum class refugees seeker can be privately sponsored. You can also be in this class if you have sufficient funds that you need to fend for yourself and your family when you arrive in Canada. You will still need the UNHCR, a referral organization, or a private sponsorship group to refer you.
If you are referred, you will need to fill out the application package to apply as a Convention refugee or as a humanitarian-protected person abroad. You will need to pass a medical exam and checks on security and criminal will be carried out to ensure you are safe to live in Canada.
You might not be eligible if you have another reliable option for protection; such as an offer to be resettled in another country; you become a citizen of another country, which will then protect you; you choose to return to the country you left; the reasons you left your country no longer exist.
Claiming refugee protection from inside Canada
Canada offers refugee protection to some individuals who are already in Canada and fear maltreatment if they go back to their native country. You can apply for refugee status at any port of entry. This means an airport, seaport or land border.
The officer in charge will listen to your refugee request and will decide if your application is qualified to be referred to the IRB. If your request is qualified, you will be given a date for your IRB hearing and will have 15 days to complete all forms in the application package and submit them to the IRB
The refugees can be categorized as a Convention Refugee or a Person in need of Protection of their life.
- Convention Refugee:Convention refugees are outside their native country. They are not able to return because of a fear of oppression that is based on life endangering factors.
- A Person in Need of Protection:A person in need of protection is a person in Canada who cannot return to their native country safely. The reason is that if they do, they would be subject to a risk to lose their life or undergo hardship.