Imran allowed to remain in Canada under H & C grounds

Immigration Matters with Sukhram Ramkissoon

Imran allowed to remain in Canada under H & C grounds

Sukhram Ramkissoon

Humanitarian and compassionate (H &C) factors are assessed by immigration officers to determine whether they can approve an application for permanent residence from within Canada,  under Canadian immigration laws.

It  is especially important that when authorized persons represent non-status applicants in Canada, they should put their best foot forward in invoking their skills, experience and knowledge in immigration law in submitting these types of applications.

Let us examine some of the facts that were presented in an H&C application made on behalf of one of our clients.  He is from the Caribbean and I will refer to him as Imran (not his real name). Imran has given his consent to write about his situation. However, his identity will not be disclosed.

Imran entered Canada in July 2016 as a visitor.  He was issued an open work permit based on his pending inland sponsorship application, and this document was valid until September 2019.  His sponsorship application was refused in July 2019  but he remained in Canada beyond the period of the validity of his status in the best interests of his two children who are permanent residents of Canada  and because of the hardship which he would  encounter if he returned to his native country.

In October 2019, he retained our services and we immediately submitted an H&C application which was followed by full submissions and supporting documents.

Cindy Ramkissoon-Shears, my daughter, assisted in the preparation of  the submissions, pointing out  Imran’s hardship, his family re-unification factors, establishment, the best interests of his children and also the labour impact in the construction industry in which he had worked..  Let us look at some of the  pertinent factors in our submissions.   

Imran requested a review of his circumstances and explained that he would suffer enormous hardships, if he were removed from Canada. He is well established, has close family ties in Canada and retains employment skills in the construction industry in Canada.  He  worked in this industry from the age of sixteen when he  entered `an apprenticeship program, with a  company in his native country for a period of five years.

In 1995, Imran started his own construction company which he successfully operated until 2011.  He then opened a general store which he also successfully operated until he came to Canada in 2016. He was previously married in 1998 and lived together with his spouse and they  had two  sons. The first was born in 1999 and the  second  in 2009, They both became permanent residents as accompanying dependents on their mother’s application for permanent residence in Canada.

Imran divorced his first wife in 2015, and at the time of their divorce, she held full custody of their children.  However, in early 2018, the children were having problems living with their mother and her new spouse. The reasons why the children could not live with their mother and stepfather, and had moved in with their father were clearly presented in his application.

The children moved in with their father in July 2019.  Imran invested approximately $171,000 (Canadian) as the initial deposit  in a new home for his family.These funds arose from the sale of his assets in his  native country.  Based on his temporary status in Canada, the mortgage was held in the name of his eldest son, as the sole property owner. 

We submitted that if Imran were removed from Canada, there would be extreme financial hardships on his eldest son to support his younger brother whiile pursuing his post-secondary education, and working to maintain the financial responsibility of their three-bedroom home.  Even though Imran made a significant contribution to the home, there exists a mortgage that requires a large monthly payment. and his eldest son would not be able to carry this burden alone.

Since receiving his work permit, Imran registered a construction company in his name in January 2018. He focusses on home renovations in the Greater Toronto Area and has completed over 25 projects to date. Because of his time spent in Canada and the recent loss of his status, Imran did not fall under the Out-Of- Status construction worker program.

In his application it was pointed out that  if he were removed, his children would not have a safe place to live.. There was only a brief separation period from the time the children came to Canada and the time their father arrived in the country.  Imran plays an active and essential role in his children’s lives.

On March 1, 2021, our office received a letter from Immigration, Refugees and Citizenship Canada, stating that Imran’s application was approved based on the hardships he would experience, if he were required to apply for permanent residence outside of Canada.  Upon hearing this good news, Imran was overcome with joy and was thankful for the chance to remain permanently with his children in Canada.

Congratulations and good luck, Imran!

SUKHRAM  RAMKISSOON is a member of ICCRC and specializes in Immigration Matters at No. 3089 Bathurst Street, Suite 219A, Toronto, Ontario. Phone 416 789 5756.