Humanitarian & Compassionate (H&C) Applications

Do not apply for H&C if:  Your spouse or common-law partner wishes to sponsor you (new regulation since Feb. 2005). Use sponsorship application.

Introduction: H & C  An inland application for permanent residence  Done by officers of CIC at the local office.  Can apply at any time  “Processing fee” ($550 per adult and $150 per child) must accompany application  If accepted, must pay Right of Landing Fee ($490)to be landed  Does not prevent deportation

H&C based on:  Excessive hardship and/or risk outside of Canada  Integration into Canadian society. Financial situation will also be considered.

Hardship  Unusual: not anticipated by the Canadian Immigration Act or Regulations.  Undeserved: result of circumstances beyond your control.  Disproportionate: hardship or unbalanced impact on you due to your personal circumstances.

Other factors to consider  Identify all factors to include  Collect all documents to support application  If applicable, info about children, parents, sexual orientation  H&C may be supported by an undertaking of assistance by a close family member in Canada who is a permanent resident or citizen of Canada

Interview with applicant  After getting a job or after negative decision rec’d  Explain hardship and successful establishment  Occupation/profession and job history back home  Towards successful establishment since arriving in Canada.  What will happen if return home

Interview cont’d  Relatives that could sponsor them?  Letters of support  Country conditions documents  Ask for copies of schedule #1, PIF and H&C application.  Set deadline to bring new evidence

Letters of support about:  Employment  Volunteer or community activities  Children  Education  Friends or associates

How to write letters of support  Write on official letterhead or at least include the full name, address, and telephone number of the writer  Identify you by name, address, and telephone number  Describe how they know you  Give approximate dates of when they got to know you

Writing letters cont’d  Describe the details of their dealings or interactions with you  Give their assessment of your personality and character  Say that they are either permanent residents or Canadian citizens  Say that if Citizenship & Immigration Canada has any more questions, they can contact the writer

Filling out the application  Who fills it out? Persons over 18 yrs. Minors are included on parents’ appl’n  Check document list so you know what you have

Application cont’d  Personal Information –Current address Applicant must be aware that it could be used for an arrest.  My family members in Canada Do not leave anybody out.  My family members living outside of Canada. Do not leave anybody out. At the bottom of this section, fill in only if spouse is outside of Canada.

Application cont’d  Passport/travel documents The applicants must have a passport either seized by CIC or in their possession.  Only post secondary education institutions.  Work If the applicant is receiving social assistance, the application will be refused. Exception - domestic violence. The applicant could be on social assistance at the time of submitting the application but get a job before CIC asks for an update.

Application cont’d  Intended occupation Just dream what do you want to be in Canada.  Addresses Begin with most recent address. No spaces of time in between. If no street number, explain why or …?  Organizations: The instructions tell you what to write if didn’t belong to any.

Application cont’d  Photos Write the person’s name and date of birth on the back.  Questions for applicants If answer yes to any one, the explanation becomes the most important part.  Consent Because this is an immigration application (not refugee), CIC is allowed to contact even the government of the country of origin. The applicant must be aware.

Supplementary Information form for H&C  Do you have an sponsor If yes, write a profile in the submission using the financial information  Reasons for seeking Exceptional Consideration The most important part of the whole form. The suggested answer is: ‘submission will follow’. The whole letter of submission addresses these questions.

Supplementary form cont’d  With whom were you living before coming to Canada? to build a possibility for a contradiction.  Relatives or friend: put the information of a “de facto” or potential sponsor.  How did you support yourself? Suggested answer: see submission. Develop answer in submission using the narrative regarding occupation/profession and job history back home.  How will you support yourself? Suggested answer: see submission. Develop answer in submission using the employment letters and the sponsor information.

The Submission  The golden rule… each affirmation must be supported by an attachment/evidence/statement  Introduction (Explanation about what we asking for)  Background  Profile of the case  Summary of PIF narrative (if applicable)  Summary of PRRA narrative (if applicable)

Submission cont’d  Integration into Canadian Society Using the narrative since the person arrived in Canada, the relatives that could sponsor them, and all the letters of support  Employment and Financial Stability  Volunteer Work and Community Involvement  Training and education  If possible, a section for each member of the family

Submission cont’d Hardship Factors:  What will be left behind  What will happen if return to their country (get documents to prove conditions there).  Rights and the best interests of the child

Submission cont’d  Conclusion  Index of Supporting Documents