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How Can NextGen Help You With Your Application?
H & C applications are far from easy and like all immigration applications, we believe our clients and their applications deserve our undivided attention in building a successful immigration strategy. Not only are we hands on during the development of your case, our representation, support and care will be with you until the processing of your application is complete. We understand the law, but we also understand how stressful this process can be for you. That’s why we are with you every step of the way.
Why Choose NextGen?
Availability
Unlike many other firms, we are available to you and for you. You will have a direct line to your representative and can always count on us to be there when you need us the most. With our commitment to provide a service that fits into your work-life schedule, we’re always on your time.
Client Services
Client services are our priority. That’s why we put premium on the accessibility of your immigration team. We seek to understand who you are which allows us to better help you get where you want to be. We feel good about establishing long-standing client relationships, and how we do it.
Money Matters
We believe as many people as possible should have the opportunity to obtain legal representation, so we’ve tailored our fee structure to encompass this value. When fees are fair and transparent you can feel good about your investment. After all, you work hard for your money, so let us work hard for you.
What is a Humanitarian and Compassionate Application?
Humanitarian and Compassionate applications (H&Cs) are a Canadian permanent residence application made from within Canada. If you are currently living in Canada, are not eligible for permanent residence from within Canada through other classes (like express entry or spousal sponsorship), and believe you would experience unusual and undeserved or disproportionate hardship if you were required to leave Canada, this application is for you.
When preparing your H & C application, some factors to include are:
Your establishment in Canada
Your family in Canada
physical health or mental health concerns
hardship or difficulties you or your family may face if you were required to leave Canada
best interest of a child who would be impacted by a negative decision
What Is The Difference Between H&C Applications and H&C Considerations?
Applicants who qualify for economic and family reunification programs, but are inadmissible to Canada (criminality, misrepresentation, medical etc.) may also request their inadmissibility be waived for H & C reasons. In these cases, the applicant’s hardship must outweigh their inadmissibility. Applications are assessed on a case-by-case basis, and approved only in exceptional circumstances.
Section 25 Of The Immigration and Refugee Protection Act
Section 25 is a very important provision in Canada’s immigration Act. In 2015 the Supreme Court of Canada issued its most significant immigration judgment in almost twenty years, the Kanthasamy v. Canada (Citizenship and Immigration) decision. This decision changed the way officers assess applications for Canadian permanent residence on H&C grounds using a much more holistic approach.
The Kanthasamy decision determined that officers making determinations on H&C applications must consider and weigh all the relevant facts and factors, and need not evaluate them against overly strict criteria as previously seen. It also noted that when assessing the interests of children it is insufficient for officers to simply state they were taken into account, they must be “well identified and defined” and examined in great detail.
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