Canadian Immigration Updates the Instructions for Humanitarian and Compassionate Considerations
March 11, 2022 – The Immigration, Refugees, and Citizenship Canada update the instructions to be able to clarify the admissibilities that can be controlled by the Humanitarian and Compassionate (H&C) considerations. It was mentioned that all applicants under the spouse or common-law partner in Canada class may be able to request (H&C) consideration under the A25 to overcome most of the relevant criteria of the act. So the applications received with be processed through this class, while the other applications will be transferred to the H&C queue of processing.
Request for H&C consideration may be requested at any time before the final decision of their application is made. If an applicant wishes to be considered, they must provide all information needed. In addition to this, the applicant must be able to please the governing person that the H&C factors in their case justify the granting of their exemption from any of the applicable criteria or obligation of the Act.
Applicants who have requested humanitarian and compassionate consideration who were under the Spouse or Common-law Partner in Canada (SCKPC) class will be processed through the Spouse or Common-law Partner in Canada class provided that they were able to meet both of the eligibility requirements of the class:
- Spouse or the common-law partner of a sponsor and cohabit with the sponsor in Canada
- The subject of a sponsorship application in Canada
If their application is successful, applicants who were processed as a member of the SCLPC class will benefit from the ongoing processing of overseas dependents and will be given an exemption from both the minimum necessary income and medical requirement with respect to excessive demand on health and social services. If the applicant were able to meet the said requirements, they may now request an exemption on H&C grounds from any requirements such as:
- Travel document / valid passport
- Authorization to return to Canada after being deported
- Other requirements of the Act or Regulations such as criminality, medical and misrepresentation
