Humanitarian and Compassionate Grounds Applications
Humanitarian and Compassionate Grounds Applications
Section 25 of the Immigration and Refugee Protection Act (IRPA) is Humanitarian and Compassionate (H&C) Applications, a very important provision in the Act. Who can apply under section 25 has changed dramatically in the past few years. The legal test sets out specifically that applicants must clearly demonstrate that they would experience unusual and undeserved or disproportionate hardship if they were required to leave Canada.
The application will be assessed on the information the applicant provides and a decision will be made based on the applicant’s personal circumstances and whether these particular circumstances merit H&C consideration. Applications to become a permanent resident on H&C grounds are approved only in exceptional circumstances. It can take many years to process an application.
There is no guarantee that your application will be approved. If refused, in certain cases asking the Federal Court of Canada to review the decision is advisable. Many in-land H&C applications are based on a significant degree on economic and cultural establishment as set out in chapter IP 5:
Does the applicant have a history of stable employment? Is there a pattern of sound financial management? Has the applicant integrated into the community through community organizations, volunteer or other activities; What hardship would occur if the application for a visa exemption were refused – The level of interdependency; Support available in the home country; Whether the applicant is able to work; and Is there a significant degree of establishment?
The IRPA also cites a statutory obligation to take into consideration the best interests of the child when examining and deciding the circumstances of a foreign national making a request under section 25(1) of the IRPA. This is one of the strongest factors that can be argued under H&C applications. There is no question H&C applications can be one of the most challenging applications for a lawyer to prepare for a client but it can also be one of the most rewarding! For more information on H&C applications, contact us today!
Abdallah Albakheet ★★★★★ Very friendly and professional staff. My partner and I had a session. It went great. We got all the information we needed to proceed with our application. We were advised to do something we wouldn’t know how to do/think of on our own.Mary Dadula ★★★★★ Bellissimo team your amazing.!!!Thank you for helping my case and of course I would like to give a big shout out to this team specifically to Alexandra,Michael, Magdalena,Athena and Justina.and the whole team.Bellissimo group your fantastic.Once again thank you very much.Sergey Ka ★★★★★ We would like to express our deepest gratitude to Bellissimo and personally to Alexandra for their outstanding assistance in helping us navigate the sponsorship process to reunite with family in Canada. From the initial consultation to the successful completion of our case, their thorough understanding of immigration laws, procedures and professionalism were evident at every step. They took the time to understand our unique circumstances and tailored their guidance accordingly. We felt supported and well-informed at all times thanks to their timely updates and guidance. Clear instructions, strategic approach to our case and instant responses to our inquiries, coupled with attention to detail, gave us reassurance and confidence throughout the process. We are very thankful for these efforts that have culminated in a successful outcome allowing us to reunite in Canada. Bellissimo's professionalism and expertise are very much appreciated! We are happy to recommend Bellissimo to everyone who needs help with immigration to Canada.Peter Bingxuan Wang ★★★★★ sakhawat khan ★★★★★ Andrew Przybysiak ★★★★★ Bilal Ansari ★★★★★ Probably one of the best and most trusted immigration law firms in Ontario. They will treat you with respect, care and will do everything in their power to accommodate your needs. I highly recommend bellissimo to anyone who is need of advice regarding their legal matters.Jumari Jeff Alicaya ★★★★★ They have a system. They are experienced. They dont rush the consultation process. They are also very welcoming and warm which somehow gives anxious clients like me some sort of relief. Highly recommended!!
