Canadian Immigration Petitions

Apart from formal court or tribunal appeals, there are certain types of applications that can be made to the immigration authorities to seek temporary or permanent residence on discretionary grounds. These types of applications may be termed as petitions, as they request that the immigration authorities apply their discretion to approve a case even though the applicant may be in Canada illegally, under a removal order, or be otherwise classified as inadmissible.

Pre-Removal Risk Assessment

A Pre-Removal Risk Assessment (PRRA) is a type of application that is made available to persons in Canada who are under a removal order, where they believe that they may be at risk to their lives or safety if returned to their home country. The PRRA is similar to a refugee claim in that the grounds considered in making the assessment are persecution, risk of torture, and risk to life or of cruel and unusual treatment or punishment. The main difference between a PRRA and a refugee claim is that under the PRRA there is no right to a hearing, since it is intended to be an expedited process. However, in some cases a hearing will be held before an Immigration Officer. Persons who are found to be at risk under this category may apply for permanent residence in Canada.

Humanitarian & Compassionate Applications

A Humanitarian and Compassionate application (H&C) is a type of in-Canada application for permanent residence. It is intended for persons who cannot return to their home country to apply for immigration through the standard categories because to do so would cause them unusual, undeserved or disproportionate hardship. The H&C is therefore an exception category that can be used in a broad range of situations. It is not, strictly speaking, a type of refugee application, although risk to a person’s life or safety is one of the factors that may be considered in an H&C. Examples of common fact situations where H&C applications may be made include in-land family sponsorships where a spouse, child, or parent of a Canadian is in Canada and does not wish to return to their home country for some compelling reason; or applications by persons who have lived in Canada for years without legal status and who would face a hardship if they were required to leave Canada. Thus, H&C applications are a flexible and useful type of application for persons who might not qualify under the regular categories of the immigration and refugee system. In some cases an applicant under this category will be required to attend an interview before an Immigration Officer to decide their case.

Temporary Resident Permits

Persons who are inadmissible to Canada but need to enter Canada temporarily for some compelling reason may apply for a Temporary Resident Permit. This type of visa is issued for a temporary period for up to three years. The application will be assessed by an immigration officer on humanitarian and compassionate grounds while balancing Canadian interests. In some cases an interview may be held. A typical example of when a Temporary Resident Permit might be issued is where a foreign citizen needs to enter Canada but has a minor criminal conviction that renders them inadmissible to Canada. In such an instance an officer will assess the risk the person might face to Canadian society and balance that against the applicant’s need to enter Canada. If the officer considers the risk to be insignificant the officer may allow the applicant to enter Canada for the temporary period required. Temporary Resident Permits therefore allow flexibility in admitting otherwise inadmissible persons and can be applied for in a wide range of circumstances.

Rehabilitation Applications

Foreign nationals who have criminal convictions are generally inadmissible to Canada. However, where at least 5 years have passed from the time the criminal sentence was completed, an application for criminal rehabilitation can be made in order to lift the inadmissibility. Such an application would be to show that since the criminal offence the applicant has been reformed and should not be considered a threat to society. The application will be assessed by an immigration officer who will consider both the nature and facts of the conviction and the evidence presented by the applicant as to how they have reformed themselves. An interview may be held.

If you wish to make any of the above-described types of petitions, please Contact Us for further details.