Other Types of Permanent Immigration to Canada
If you are seeking immigration pathways not related to work, there are a variety of other programs available for you. We will help you explore what works best.
Here is a non-exhaustive summary of these programs:
The application for permanent residence on humanitarian and compassionate grounds is an exceptional solution for individuals who are already in Canada without immigration status or with temporary status, but who cannot return to their country of origin due to particular circumstances. This type of application aims to protect vulnerable individuals by taking into account their personal and family situation, as well as their level of integration into Canadian society.
Unlike other immigration programs, a humanitarian application is not based on clearly defined eligibility criteria. Each case is assessed individually, based on the applicant’s specific circumstances. The factors generally taken into consideration include:
Length of time spent in Canada;
Establishment and integration (work, studies, volunteering, community involvement, etc.);
The best interests of any children affected by the application;
The potential consequences of a forced return to the country of origin (risks, lack of support, difficult humanitarian conditions, etc.).
This type of application does not guarantee the granting of permanent residence. It is generally reserved for individuals who do not qualify under any other immigration category and who are facing exceptional human hardship. It is therefore essential to submit a strong, well-documented and well-structured application in order to persuade immigration authorities to act with compassion and humanity.
Given the complexity of these applications and the discretionary nature of their evaluation, it is strongly recommended to seek the assistance of lawyers specialized in immigration law. At Giroux O’Connor Immigration Law, we place our expertise at your service to support you through every step of the process. We help you prepare a clear, complete, and persuasive application tailored to your circumstances and needs.
The main goal of the Family Sponsorship Program is to reunite families and allow relatives to live together in Canada. To this end, a Canadian citizen or permanent resident who meets certain government criteria can apply to sponsor an eligible family member who wishes to live in Canada.
Eligible family members for sponsorship include:
- Spouse, common-law partner, or conjugal partner;
- Dependent children (including adopted children);
- Parents and grandparents;
- Orphaned brothers, sisters, nephews, nieces, grandchildren; and
- Other close relatives.
To sponsor, the sponsoring person must legally commit to the government. This person then becomes the "sponsor" of the individuals they sponsor. Throughout the duration of this commitment, the sponsor will be financially responsible for the sponsored individuals. Specifically, they must provide financial support for their needs and reimburse any provincial social assistance received during the commitment period.
The commitment period begins when the sponsored individuals obtain their permanent residence. The duration of the commitment will vary between 3 and 20 years, depending on:
- The age of the sponsored individuals;
- The relationship between the sponsored individuals and the sponsor; and
- The sponsor's place of residence.
It is essential to note that once the commitment is made, the sponsor remains financially responsible for the sponsored individuals, even if:
- The relationship between the sponsored individual and the sponsor changes (e.g., due to separation or divorce);
- The sponsored individuals obtain Canadian citizenship;
- The sponsor's financial situation changes (e.g., due to job loss); and/or
- The sponsor submits an application to cancel their sponsorship request, and the government receives it after the sponsored individual has obtained permanent residence.
Eligibility criteria and the sponsorship process will vary depending on the specific circumstances of the sponsor and the individuals they wish to sponsor, as well as the nature of the relationship between the two parties. Giroux Canadian Immigration will assist you throughout the process to maximize the success of your sponsorship application.
A person can apply for protection in Canada as a refugee if they have a fear founded persecution or other severe harm if they return to their country of origin or residence.
A person may qualify as a refugee if they cannot return to their country of residence due to a founded fear of persecution based on:
- Race;
- Religion;
- Political opinion;
- Nationality; and/or
- Belonging to a particular social group (for example, women or individuals of a particular sexual orientation).
A person may be considered a person in need of protection if they cannot return to their country of residence because doing so could:
- Expose them to torture;
- Endanger their life; and/or
- Expose them to cruel and unusual treatment or punishment.
To apply for asylum, the person must:
- Be in Canada; and
- Not be subject to a deportation order.
If the person is not in Canada, they cannot apply for asylum directly to Canadian authorities. Instead, they must be referred by:
- The United Nations High Commissioner for Refugees;
- A designated referral organization; or
- A private sponsorship group.
In such a case, the person must apply for refugee status under the United Nations Convention Relating to the Status of Refugees or for protected person status on humanitarian grounds outside the borders.
