Immigration laws include provisions for protecting individuals on Humanitarian and Compassionate (H&C) grounds, a vital aspect of the legislation. This provision allows those who may not otherwise be eligible to apply for Permanent Residence (PR).
Individuals in Canada without legal status, residing for a minimum of three years, may qualify for PR through H&C.
The legal criteria necessitate demonstrating significant and unjustifiable hardship upon leaving Canada.
Applications are evaluated based on provided information and personal circumstances, with approval granted only in exceptional cases, often taking years to process.
Approval is not guaranteed; applicants may seek Federal Court review if refused. Many in-country H&C applications emphasize economic and cultural integration.
Key factors considered include stable employment history, financial management, community integration, and the consequences of visa refusal, such as interdependence and workability.
Additionally, Immigration Legislation mandates consideration of a child’s best interests, a powerful argument in H&C applications.
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