Humanitarian and Compassionate Applications - Humanitarian by maclaren1


									  Humanitarian &
Compassionate (H&C)
     Do not apply for H&C if:
 Yourspouse or common-law partner
 wishes to sponsor you (new
 regulation since Feb. 2005). Use
 sponsorship application.
         Introduction: H & C
 An inland application for permanent
 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
 Unusual: not anticipated by the
  Canadian Immigration Act or
 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
 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
 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
  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
 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
 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
  The most important part of the whole
  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
 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
 Employment and Financial Stability
 Volunteer Work and Community
 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
          Submission cont’d
 Conclusion

 Index   of Supporting Documents

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