An individual who would not normally be eligible to become a permanent resident of Canada may be eligible to apply on Humanitarian and Compassionate (H&C) grounds. There are many H&C grounds that can put forward and our job is to ensure that all the necessary evidence to prove establishment, roots, and ties in Canada is in the brief. Furthermore, documents relating to home country conditions that would cause the immigrant disproportionate and exceptional hardship will need to be provided.
Applications to become a permanent resident based on H&C grounds are assessed on a case-by-case basis by an immigration officer. Factors that are taken into consideration vary, but are not limited to:
- How settled the applicant already is in Canada
- Family ties in Canada
- The best interests of any of the applicant's children, especially children born in Canada
- The adversity that will be faced by the applicant if compelled to return to the home country
Raj Napal, through his immense experience in the judicial review work he does, is mindful that a complete record of the H&C application, evidence and submissions must be provided to the immigration officer so that the officer will be likely to grant the H&C or else face a situation where on a Judicial review, a Federal Court judge may find the officer's decision opaque and unreasonable.
Trust Raj Napal and NLC Lawyers, knowing they will do a comprehensive, persuasive and compelling H&C application so you have the best chance of achieving permanent residence.