The rules and regulations for getting Canadian citizenship are quite stringent. Naturally, many people do not qualify for it. However, such people who normally do not stand a chance to become permanent residents of Canada can qualify if they apply on humanitarian and compassionate grounds. These grounds are applicable only in exceptional cases. The authorities scan the case strictly and look into certain factors before granting Canadian citizenship to these people.
Factors Considered Under Humanitarian and Compassionate Grounds For Getting Canadian Citizenship
The officials look into certain factors before offering citizenship. These include:
- What are his family ties with the country?
- Is he well settled in Canada?
- Are any children involved and will offering citizenship be in their best interest?
- What are the consequences the applicant might face if citizenship is denied?
Rules that apply in such cases include:
- Candidates will have to ask for citizenship only under H & C grounds if they are applying for permanent resident status in the country. These grounds are not applicable if a person wants to apply for temporary residence.
- Only one application under these grounds can be made at one time.
- Authorities considering giving Canadian citizenship under these grounds will not assess risk factors such as risk to life, persecution, cruel or unusual punishment or treatment.
- Candidates with pending refugee claims cannot apply under H & C grounds. In case you want to apply under these criteria, you must withdraw your application for refugee claim before the Immigration and Refugee Board of Canada (IRB) hearing.
- Applicants who received a negative decision from IRB in the last year cannot apply under these grounds. In this case, you can apply only when the so-called ‘one-year bar’ is over. However, the authorities may relax the one-year bar restriction under certain circumstances. These include:
- If you have kids below 18 years of age who can be affected badly if you are not allowed to stay with them in Canada
- If you have a dependent with a life-threatening condition who can suffer in your absence or who cannot be treated in your home country.
Restrictions for Designated Foreign Nationals
A single person or a group of people who attempt to enter Canada illegally come under irregular arrival. According to authorities, such people come under the designated foreign nationals category. If you come under this category then you cannot apply for Canadian citizenship under the H&C grounds until five years from:
- The day IRB gave an adverse decision on your claim of being a refugee
- The day officials gave a negative decision under the Pre-Removal Risk Assessment
- The day you came under the designated foreign nationals category
If such designated foreign nationals apply for citizenship under the H & C grounds then the authorities may suspend your application for five years from the day you received the designation.
What Happens In Case You Receive A Removal Order?
Those who have received removal orders can still apply under H & C grounds for staying in Canada unless you belong to either of the category discussed above. Although applying through these grounds will not prevent or delay your removal process it will still ensure that the process of getting Canadian citizenship does not stop. You may receive the decision from the authorities after you have left Canada or even before it.