The Humanitarian Program, the elements are considered sufficiently stable.
Canada’s Refugee and Immigration Protection Act, subsection 25(1), is flexible in its Humanitarian and Compassionate (H&C) review so that applicants can pass a requirement they do not meet in all other permanent residency programs.
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The factors used to evaluate H&C applications include:
- stable in Canada;
- They have strong ties in Canada;
- the best interests of any child affected by the permanent residency application;
- Factors in their country of origin. This includes, but is not limited to: lack of healthcare, discrimination but not related to arrest or harassment; or other difficulties but not related to fear such as refugee programs;
- Consider your health;
- Considerations regarding domestic violence;
- the consequences of estrangement from family members;
- The inability to leave Canada led to settlement in Canada; and/or
- Any other relevant factors they would like to consider but which are unrelated to the fear based on the factors that define refugees.
Settling down in Canada
The Canadian Immigration, Refugee and Citizenship Guidelines state that an applicant's stability can be assessed by analyzing the following questions:
- Does the candidate have a stable work history?
- Do you have a sound financial situation?
- Is the applicant residing in one community or is they a mobile applicant?
- Has the applicant integrated into the community through participation in community organizations, volunteer services, or other activities?
- Has the applicant undertaken any professional, language, or other studies that demonstrate integration into Canadian society?
- Do the applicant and their family members have a good civil record in Canada? (e.g., no criminal charges or involvement of law enforcement or other authorities regarding domestic violence or child abuse).
It is important to note that neither the law nor the courts provide a threshold for what constitutes sufficient stability. It will depend on considering and weighing factors such as employment, income, family relationships, courses taken, schools attended, and community involvement in various areas.
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Is buying property considered a factor for stability?
Even if an applicant has no resident status or precarious resident status, but possesses a stable living condition, that stability is still considered. Lack of resident status does not automatically mean one does not meet the H&C criteria. In some cases, remaining in Canada while awaiting the outcome of legal proceedings, even after a failed asylum application, is not necessarily considered a negative factor.
Investments, acquisitions, business formations, home purchases, etc., are all reviewed to determine whether these transactions were conducted legally and what the consequences would be if the H&C application is rejected and the applicant has to leave the property behind.
Does being unemployed have any impact?
If you are in Canada but are not permitted to work, the fact that you are unemployed is not a negative factor for your application.
Is there a factor of stability involved alongside illegal residency status?
This matter will be considered on a case-by-case basis. Exceptions may or may not be accepted.
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