The
Humanitarian & Compassionate Grounds Application
What it is and what
it meant for me.
WHAT IT
IS
The humanitarian and
compassionate (H&C) application is a special case
immigration process as discussed in Canadian
Government Telex ORD0150, Processing Of Same-Sex
Cases. There are different reasons for
submitting an H&C application all of which required
the applicant (me) to demonstrate sufficiently to the Visa
Officer that H&C consideration is warranted.
Immigration under H&C grounds is up to the discretion
of the Visa Officer and decisions are made on a
case-by-case basis. Immigration under H&C grounds for
same-sex couples was not like immigration under H&C
grounds for common-law couples nor did I use the special
H&C immigration application unless the laws
change.
There were no hard rules
for immigrating under H&C grounds which is most
likely due to the discretionary nature of H&C
consideration. The official Canada
Immigration web site
page had scattered and limited information. I had
to read through all their web pages, and used the "Find" function of my browser to search for the
word "humanitarian" on each page. I did that since
I couldn't find any document specifically addressing
H&C applications on their web site or on the Internet
in general.
In a nutshell, the
instances I came across where H&C grounds for
immigration might be used are:
- Inland
applications
- Refugee-like
status
- Same-Sex
partnerships
- Common-law
marriages
- Prior
convictions/negative criminal checks
As I mentioned earlier,
this web site deals with my experiences in applying for
immigration under H&C grounds under the same-sex
partnership category.
NEW HOPE SHINES
THROUGH
If not for the
ability to apply under H&C grounds, I would not have
applied for immigration at all. I did consider applying
for regular immigration even though I scored less than 60
points on the initial assessment, but that was more out
of desperation than logic. I may have been
successful in a regular application since my lack of
points was due mainly to my low EFT and Occupation Factor
points (10 points combined out of a maximum of 28
points), but I was unprepared and unwilling to gamble
$500 when I was unemployed and my partner and I were
struggling to make ends meet at the time. I did well on
job experience, education, language ability (except in
French) and everything else. However, the risk of loss
was too great. Having a prearranged job or occupational
experience with higher points would definitely have
qualified me to apply as an independent applicant.
Since my
self-assessment indicated I had almost enough
points to apply successfully as an independent applicant
I may have been approved for immigration as a regular
Independent Applicant with the Visa Officer taking into
account my background as well as my relationship and
awarding me the extra points to push my application
through. It is my guess that there is much more time and
work involved for the Visa Officer to process and approve
an immigration case under H&C grounds than it is to
award a few extra points to allow a borderline
application like mine to go through. My case might be
like that, but I won't know for sure unless I see the
Visa Officer's notes through the Access to Information
Act.
One
thing that was a big relief to me was that being publicly out is not a
requirement when applying under H&C grounds. Naturally, my cover
letter, my partner's support letter, and other supporting letters had
to mention the fact that I was committed in a same-sex relationship,
but nowhere on my application, FBI check, medical papers, landing
papers, or any other document did it say "gay," "same-sex," or anything
remotely like that. I know some gays don't believe in "staying in the
closet," but as much as they believe that they have a right to be "out"
they need to appreciate the rights of others who choose otherwise. On
the other hand, not being out restricted me from getting some
supporting documents. However, Canada seemed to recognize that being
openly gay or in a visible same-sex relationship is not always possible
or safe. I will discuss more about supporting documents on the next
page.
HOW TO SUBMIT AN
H&C APPLICATION
CONTACT
LEGIT
I contacted LEGIT and requested their LEGIT
Guidelines booklet: Canadian Immigration for Same-Sex
Partners--How to Prepare an Application on Humanitarian
& Compassionate Grounds. Just about everything I
needed to know about how to submit and H&C
application I learned from them. I will discuss and share
my own experiences in applying for immigration to Canada
under H&C grounds, but I will not explain how to
prepare an H&C application. I have only my own
experience to share, but LEGIT has compiled information
based on the successful applications of many others. I
would not have applied (and successfully landed) if not
for LEGIT, their booklet, and their occasional advice
when I asked for help.
Disclaimer: Not intended as legal advice. Please see
About this Website for more information.
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