Just like refugee status, applicants from any country in the world can apply for PR in Canada on Humanitarian and Compassionate grounds. However, the grounds for applying for PR under H&C are completely different than for status as a refugee or protected person.
Who Can Apply for PR on Humanitarian and Compassionate grounds from the USA?
Applications for H&C are made under section 25 of the Immigration and Refugee Protection Act. They can be made by foreign nationals both inside and outside of Canada.
H&C applications can be made for two reasons:
- An applicant for PR does does not meet one or more of the normal requirements to be granted PR in Canada. This would include problems such as:
- Having a medical condition that makes them inadmissible to Canada
- Having a criminal conviction that makes them inadmissible to Canada
- Please note, not having enough points/not meeting the eligibility requirements for economic class immigration is not grounds for an H&C application
- An person who wants to apply for PR is not eligible to apply under any of the normal categories
For an American citizen to make an application on H&C grounds, they need to either be eligible to become a permanent resident already, but fail to meet some other requirement such as being admissible to Canada, or they need to be totally ineligible to apply for PR under any other class such as family class.
Who can not apply for PR on Humanitarian and Compassionate grounds from the USA?
There are certain problems which would make a US citizen ineligible to apply for PR on Humanitarian and Compassionate grounds. These include being inadmissible to Canada for the following reasons:
- Security grounds, such as espionage, terrorism, or being a danger to Canada
- Human Rights violations, such as participation in commission of war crimes or genocide
- Convictions for organized crime
Likelihood of Approval of an H&C application from the United States
Humanitarian and Compassionate applications for PR submitted from any country outside Canada are extremely unlikely to be approved. Historically the approval rate for H&C applications submitted outside Canada is between 1% – 3%.
How are H&C Applications evaluated?
If you are an American submitting an application for PR under H&C considerations from inside Canada, there are 3 main factors which are considered:
- Will you face hardship if you leave Canada?
- What is your establishment in Canada?
- Best Interest of a Child directly effected
Examples of hardship considered – H&C
- Abusive relationship or family violence
- Danger of violence in home country
- Lack of access to medical care for a health condition
- Discrimination or Harassment in home country
- Living in poverty
Examples of establishment in Canada considered – H&C
- How long you have been living in Canada
- Family members and close relationships in Canada
- Education and employment history from Canada
- Membership in social or religious organizations in Canada
Best Interest of a Child – H&C
If a child would be negatively impacted should you have to leave Canada, this would also be considered in an application for humanitarian and compassionate consideration. The child does not have to be the child of the applicant or even be a Canadian citizen. The relationship with the applicant would be considered on its own merit.
If you think that you want to apply for Permanent residence in Canada on Humanitarian and Compassionate grounds, contact us.
