The Immigration and Refugee Protection Act of Canada stipulates that anyone who wishes to apply for Canadian Permanent Residence must make their application outside of Canada at a Canadian Embassy nearest to them.

However, it is possible for a person already inside Canada to apply for permanent residence and request an exemption from this requirement. You can ask the immigration officer to consider the humanitarian and compassionate factors of your situation and the reason you cannot apply from outside of Canada.

Humanitarian and compassionate factors that may be considered are as follows:

    • The applicant’s establishment in Canada, including their efforts to:
        - find and maintain employment
        - contribute to the community through volunteer work
        - integrate themselves into Canadian culture by developing their English
          or French language skills
        - further their post secondary education in Canada
        - participate in community events and activities
        - invest in the Canadian economy through financial investments
        - file tax returns each year
        - open their own business

    • Family connections in Canada and abroad

    • Difficulties the applicant and their family (immediate and extended) will face if they
       must return to their country of origin. This includes family members who are
       already permanent residents of Canada or Canadian citizens who will remain in
       Canada. A scarcity of family members living in your country of origin might also
       be a consideration.

Applicants must clearly demonstrate that they would experience unusual, undeserved or disproportionate hardship if they were required to leave Canada. The cost and inconvenience of applying outside Canada is not considered a hardship. Immigration Canada will evaluate each applicant’s personal circumstances and determine whether they merit humanitarian and compassionate consideration.

Please  Contact Us   for a consultation appointment if you are interested in applying under the Humanitarian and Compassionate Class.

•   Law Offices of Michael Loebach    •   info@mloebachlaw.com    •   London, Ontario, Canada   •