Month: June 2017

Who could apply?

Those people who would not be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate grounds, also known as H & C grounds. Basically, it is for those who have exceptional cases and can’t go back home. This type of application is assessed on a case-by-case basis.

What are the major factors to be considered?

There are four major factors:

• Your children’s best interest;
• Your family ties to Canada;
• How well you are settled in Canada;
• Possible consequences if you are not granted the request.

Additional factors to be considered:

• It is only for permanent resident applications not for temporary resident applications.
• You can only have one H & C application at the same time.
• Risk factors are not assessed by Immigration Canada.
• Those who have claimed refugee cannot apply for H & C. You have to withdraw your refugee claim to apply for H & C.
• One-year bar: if you had a negative decision on your refugee claim from the IRB within the last 12 months (i.e. abandoned, withdrawn,n or negative decision on refugee claim), you can’t use this option. However, this bar doesn’t apply if:
  • Any children under 18 would be badly affected, or
  • You can prove that you or one of your dependents suffer from a life-threatening medical condition and cannot be treated in your country.

Designated Foreign National

If you enter or try to enter Canada illegally, then you are considered a “designated foreign national.” In this case, you can’t apply H & C grounds until five years have passed since:

• • the day you became a designated foreign national and/or
  • the IRB made a final negative decision on your refugee claim and/or
  • you got a negative decision on a Pre-Removal Risk Assessment (PRRA).

Removal Order

If you have a removal order, you may be able to apply to stay in Canada on H & C grounds, unless any of the above restrictions apply to you. However, this will not prevent or delay your removal from Canada. You must leave on or before the date stated on your removal order. Immigration Canada will still process your application even if you have to leave Canada. You will get the decision in writing about your case.

If your application is not approved, there is no right to appeal a refused application for permanent residence on H & C grounds. However, in some cases, you can apply to the Federal Court of Canada for a judicial review.

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June 19, 2017 – The long-awaited Bill C-6 received Royal Assent today. There are 13 different changes in Citizenship Act with Bill C-6 Amendments:

Immediate changes upon Royal Assent on June 19, 2017

1. Dual citizens living in Canada convicted of treason, spying, and terrorism offenses will face the Canadian justice system; like other Canadian citizens who break the law. Previously, the citizenship could be revoked.
2. Citizenship applicants no longer have to intend to live in Canada once granted citizenship.
3. Minors can now apply for citizenship without a Canadian parent. A person with custody of the minor can apply on their behalf; unless waived by the Minister.
4. Individuals serving a conditional sentence will not be granted citizenship. They also cannot take the Oath of Citizenship, nor count this time towards meeting the physical presence requirements for citizenship.
5. Statelessness has been added as a stand-alone ground that can be considered for a discretionary grant of citizenship.
6. For disabled citizenship applicants, reasonable measures will now be taken to accommodate them.

Changes expected to take effect in fall 2017

7. Applicants must be physically present in Canada for three out of five years before applying for citizenship.
8. They must also fill Canadian income taxes; to match the new physical presence requirement.
9. Applicants do not need to be physically present in Canada for 183 days, in four out of the six years preceding their application.
10. Temporary residents or protected persons may count each day they were physically present in Canada before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship. This can be up to a maximum of 365 days.
11. Ages between 18 and 54 must meet the citizenship language and knowledge requirements.

Changes expected to take effect in early 2018

12. The Federal Court makes all decisions in revocation cases; unless the individual requests that the Minister make the decision.
13. Citizenship Officers can seize fraudulent or suspected fraudulent documents provided under the Citizenship Act.

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