It is always advisable to take legal help when you’re applying for immigration to Canada. At Vashist Immigration we provide you with the best legal representations that will ensure a smooth sailing immigration procedure without any hiccups like fraud and other complications. We offer legal advice on immigration and facilitate the paperwork required to fulfill the process.

Humanitarian and Compassionate cases

There might be certain Humanitarian and Compassionate cases where individuals who are not normally eligible for permanent residency in Canada might be able to apply on humanitarian and compassionate grounds.

These grounds apply for exceptional cases and factors that are looked at during such applications are:.

• general family ties to Canada
• the best interests of any children involved, and
• What could happen to you if we do not grant the request.

Other rules that apply to humanitarian and compassionate grounds:

• if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. Requests for temporary resident applicants will not be considered
• You cannot have more than the application of one humanitarian and compassionate ground at the same time.
• We will not assess risk factors such as persecution, the risk to life, cruel and unusual treatment or punishment.
• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for these grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.) The bar does not apply if:
  • you have children under 18 who would be adversely affected if you were removed from Canada, or
  • you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country

Designated Foreign Nationals

 In certain cases, if a  group of people enters or tries to enter Canada in an illegal manner then it is considered an “irregular arrival.” This means there are a set of rules and restrictions that apply to them.

 Suppose you reached Canada as a part of an irregular arrival, then you’ll be termed as a designated foreign national. The Minister of Public Safety will give you that in writing.

You will b denied the right to  apply for humanitarian and compassionate grounds until five years have passed since:

• the day you became a designated foreign national and/or
• the IRB made a a final negative decision on your refugee claim and/or
• you got a negative decision on a Pre-Removal Risk Assessment.

Removal orders

 There are instances where individuals have received an order to leave Canada. If an individual has removal orders then they can apply to remain in Canada on Humanitarian and compassionate grounds. However, the application will not delay or stop your removal from Canada. There is no guarantee of approval of the application. Vashist immigration can help you with the process of application and can ensure smooth functioning of the process.