Submitting a Humanitarian and Compassionate (H&C) application to IRCC (Immigration, Refugees, and Citizenship Canada) is a significant step for individuals seeking relief due to exceptional circumstances. What happens next once you’ve submitted your application? Let’s explore the review process, potential outcomes, and legal options in case of denial.
1. The Review Process
After submitting your H&C application, it undergoes a thorough review by immigration authorities. Here’s what typically happens:
Document Verification
IRCC verifies the completeness of your application.
They check if all required forms, supporting documents, and fees are included
Eligibility Assessment
Officers assess whether your situation qualifies for H&C consideration.
They evaluate factors such as establishment in Canada, family ties, and compelling reasons to stay.
Risk Assessment
Officers consider potential risks associated with granting H&C status.
They weigh factors like health concerns, family violence, and children's best interests.
Decision Making
Based on the evidence provided, officers make a decision.
There’s no interview, so thorough documentation is crucial.
2. Possible Outcomes
Approval
If your application is approved:
You’ll receive a positive decision letter.
You may be granted permanent residence or other benefits.
Congratulations! You’ve successfully demonstrated compelling reasons for H&C status
Denial
If your application is denied:
You’ll receive a refusal letter explaining the reasons.
Common reasons include insufficient evidence or failure to meet eligibility criteria.
Don’t lose hope; there are legal options.
3. Legal Options After Denial
Reconsideration Request
You can request reconsideration within a specified timeframe.
Submit additional evidence or clarify existing information.
Officers will review your case again.
Federal Court Review
If reconsideration fails, you can apply for a judicial review in the Federal Court.
A judge assesses whether the decision is reasonable and fair.
Legal representation is advisable
Pre-Removal Risk Assessment (PRRA)
If facing removal, apply for a PRRA.
t assesses risks upon return to your home country.
Consult an immigration lawyer for guidance.
Humanitarian and Compassionate Grounds Appeal
Some provinces allow appeals on H&C grounds.
Seek legal advice to explore this option.
Conclusion
Submitting an H&C application is a significant step, and the outcomes can be life-changing. Whether approved or denied, explore legal avenues and seek professional advice. Remember, persistence and strong documentation are key to navigating this complex process.
Disclaimer: The guidance offered here is based on general knowledge and may not encompass your unique circumstances. It is not a substitute for tailored legal counsel. For personalized advice regarding your immigration concerns, please seek the assistance of a qualified immigration professional who can address your specific situation comprehensively.
If you need further assistance, do not hesitate to contact Immigration Station Canada, where we offer professional immigration advice to help you through every step of the process.
Immigration Station Canada will work with you and guide you through the best process to achieve your goals, wherever they lead!
About Us
Immigration Station Canada is a dedicated, professional Canadian Immigration firm practicing out of Northumberland County, just east of Toronto, Canada. We serve clients from Kingston, Belleville, Brighton, Cobourg, Oshawa, the GTA, Guelph, Milton, Stratford, St. Catharines, and around the world. Our Regulated Canadian Immigration Consultant, Anne C. McCaughey (Annie) is an experienced immigration services provider and a fifth-generation Canadian who values the immigration process and the unique individuals who immigrate to Canada to become part of the fabric of this wonderful country. If you would like to submit a question to Ask Annie, use the contact form.
How Can We Help? We do work permits, study permits, visitor visas, Express Entry, spousal sponsorship, family class sponsorship, and Canadian citizenship with expertise in Labour Market Impact Assessment (LMIA) applications and Global Talent Stream applications. Please contact us if you would like assistance with your immigration application or to book an appointment.
