Humanitarian Visas

Canada lives up to its reputation as a country that welcomes immigrants. You can get an immigrant visa through many different channels. The main categories of immigrant visas are employment-based, family-based, and humanitarian. In other words, it is possible to get Canadian permanent residency because an employer or a family member who is a citizen or permanent resident of Canada will vouch for you, but it is also possible to get Canadian residency simply because it would be too dangerous to return to your country of origin. Even if you meet the eligibility criteria for a humanitarian visa, the government of Canada will not issue you such a visa unless you follow the legal procedures properly. If you believe that a humanitarian visa is your best hope for settling permanently in Canada, and you want to ensure that you do not make mistakes that could jeopardize your application, contact a Mississauga Canadian immigration lawyer.

Humanitarian Visa Eligibility Requirements

For some visa categories, you can begin the application process in your country of citizenship, or in another country other than Canada. For these immigration application processes, you must deal with the Canadian embassy or consulate nearest to you. This is not how humanitarian visas work. You can only apply for a humanitarian visa if you are already present in Canada.

In theory, anyone who would be in danger if he or she returned to his or her country of origin is eligible to apply for a humanitarian visa, except people who meet the grounds for disqualification. These are some scenarios where you would be eligible for a humanitarian visa:

• You overstayed your nonimmigrant visa, but the situation in your home country is too dangerous for you to return, or you are stateless and do not have a country of citizenship where you can return.
• You applied for family-based immigration, but the person who was supposed to sponsor you did not fulfil the requirements for doing so.
• You previously filed a refugee claim, but it was denied, and at least one year has passed since the denial.

These are some common scenarios that make applicants ineligible for humanitarian visas:

• The applicant’s permanent residency application or refugee claim was denied, but less than a year passed before the applicant applied for a humanitarian visa.
• The applicant filed a refugee claim but withdrew it, and less than a year has passed since the withdrawal.
• The applicant entered Canada as an “irregular arrival.”

There is an exception to the ineligibility based on a recent denial or withdrawal of an immigration petition or refugee claim. You can proceed with your humanitarian visa application less than a year after the denial of your previous claim if you have a serious medical condition, where lack of access to healthcare in Canada would endanger your life, or if you are the parent of a minor child who resides in Canada.

Contact Zagazeta Garcia LLP About Humanitarian Visas

An immigration lawyer can help you apply for a humanitarian visa to get permanent residency in Canada.  Contact Zagazeta Garcia LLP in Mississauga, Ontario to discuss your case.

Source:

canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html