How to win an H&C application.
The most important Humanitarian and Compassionate factor required to receive a positive decision on your H&C application is common sense. If the average Canadian would believe you deserve compassion based on what evidence, you submit with your application so will the Immigration Officer reviewing your application.
When submitting an H&C application you should retain,
· someone willing to spend the weeks required to prove your H&C reasons are exceptional,
· someone knowledgeable as to all the H&C factors that clearly show you deserve compassion,
· someone that can prove they have won several H&C applications for others.
Immigration Canada will tell you that establishment in Canada is a valid H&C factor.
· Just informing the decision maker that you have a business without detailing how many other businesses rely on your purchases from them is insufficient. Not showing how many staff depend on you for a paycheck to support their families is like shooting yourself in your own foot. Not putting together letters or a petition from patrons who think you and your family because of your business should be allowed to remain in Canada. Not proving that you have established yourself by showing your savings or purchasing property etc. will decrease your chances of success.
Immigration Canada will tell you that ties to Canada is a valid H&C factor.
· Showing that you have friends and family that depend on you and would miss you if you had to go abroad and apply for landing from your native country. Explaining how devasted certain family members would be if you are removed from Canada. This includes the next-door neighbour elderly couple that you shovel their laneway every time it snows.
Immigration Canada will tell you that the best interest of any children directly affected by the H&C decision is a valid H&C factor.
· Best Interest of the Child or BIOC is not restricted to your own children but can include others directly affected by a negative H&C decision. Three or four years spent in Canada as a child is a lifetime to them. Conduct research to prove that any children born in Canada may possibly never become citizens of your native country. Show that your country would not provide state funded education to your kids and that you would have to pay foreign student fees to send them to a private school. That your children would have to learn a whole new language to attend school if removed and their education would be adversely affected. Submitting letters/report cards from their teachers and classmates to prove how well your children have adapted is crucial.
Immigration Canada will tell you that factors in their country of origin including adverse country conditions are valid H&C factors.
· Adverse country conditions can almost be everything that Canadian’s considers to be normal situation. It can also be pollution, civil unrest, political instability, arm conflict or your area of your former country is now occupied by a foreign army.
Immigration Canada will tell you that health considerations including the inability of a country to provide medical treatment are valid H&C factors.
· Proving that the environment in your native country may possibly cost you your life will need to be well documented. Proving that your country has an inability to provide medical treatment to any of your family members for what ever reason is crucial.
Immigration Canada will tell you that family violence considerations are valid H&C factors.
· If your spouse were removed to your native country after being convicted in Canada for assault causing bodily harm against you or your children could be great grounds for a positive H&C application. It is your duty to prove there is clear evidence of any family violence you would want the Immigration Officer to consider.
Immigration Canada will tell you that consequences of separation of relatives are valid H&C factors.
· If you have a parent or ex-spouse suffering from a terminal illness with lack of financial support to assist themselves through their illness may be sufficient grounds to show you compassion. Do not forget family reunification is an objective of the Immigration Act.
Immigration Canada will tell you that inability to leave Canada has led to establishment in Canada is a valid H&C factor.
· Whether it is a pandemic like COVID-19 or your country is unable or unwilling to issue you a new passport that caused the inability to leave it is important to prove that you not leaving is not your fault. If one of your children was born in a foreign country and your consulate will not issue that child a visa to enter you and your spouse’s native country that could cause you to be established in Canada.
Immigration Canada will tell you that ability to establish in Canada for overseas applications is a valid H&C factor.
· It should be easy to convince a decision maker due to your CRS score that you have insufficient Express Entry points which would cause an undeserved hardship if removed so that you can apply from abroad. According to the Charter of Rights and Freedoms that everyone in Canada including yourself are to be treated equally and that you are entitled to the same privileges as all others applying for landing from within Canada.
Immigration Canada will tell you that any unique or exceptional circumstances that might merit relief are valid H&C factors.
· The key word in that statement by IRCC is ANY and this is where your authorized Immigration Counsel must search for common sense reasons. ANY unusual, undeserved, or disproportionate hardship not intended by the Act or the Regulations need to be included in your Counsels submissions. Remember compassion is shown to deserving individuals so you need to prove that your deserving of the average Canadian compassion. When you see a physically fit 23-year-old male begging for your spare change at that highway exit do you roll down your window and give him your hard-earned money?
COMPASSION IS COMMON SENSE! PROVE YOU’RE DESERVING OF COMPASSION!
