How to immigrate to Canada as a refugee and asylum seeker?

How to use Humanitarian and compassionate (H&C) considerations inside and outside Canada?

H&C consideration is used to grant permanent residence status or a permanent residence visa to unqualified foreign nationals if they have compelling H&C grounds. This is not a standalone stream, rather this program is used if you want the IRCC to warrant you exception from certain rules in granting you either a PR status or a PR visa, so the request for H&C consideration must be submitted with either of these applications.

PROGRAM REQUIREMENTS

In CanadaYou must submit an H&C application along with your regular permanent residence application in order to seek exemption from a certain type of inadmissibility or a certain requirement of IRPA or IRPR.
OverseasYou must submit a regular application and provide additional H&C grounds for consideration. There is no specific H&C form if you are overseas.
12 months barA refugee claimant and PRRA applicant cannot apply for H&C for 12 months starting from the date of the negative decision. However, you can be exempted from this bar if you are facing risk to life in your own country if returned (due to inadequate medical services), Or, because you have a child, and the removal is not in the best interest of the child who will be removed with you from Canada.

LINKS AND RESOURCES:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html(Accessed in Sep 2021).

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