What is a compassionate visa in Canada?

What is a Compassionate Visa- This is a type of visa that is typically granted on humanitarian grounds to individuals who are facing exceptional and compelling circumstances, such as serious illness, family emergencies, or other situations that require urgent travel to a foreign country. It allows the visa holder to enter and stay in the country temporarily to address specific compassionate reasons. The eligibility criteria and application process can vary depending on the country’s immigration policies.

What are the Reasons for Applying For a Compassionate Visa?

Also known as a humanitarian visa, this visa is typically granted on compassionate or humanitarian grounds to individuals facing certain levels of circumstances.  Highlighted below are some of the major reasons for applying for a compassionate visa:

1. If you have a Serious Health Condition

 If you or a family member has a severe medical condition that requires urgent medical treatment not available in your home country, you may apply for a compassionate visa to access necessary healthcare.

2. Family Separation

 If a family member, such as a spouse or child, is living in another country and you’re facing prolonged separation due to immigration barriers, a compassionate visa might be sought to reunite the family.

3. Natural Disasters

 In the aftermath of natural disasters or conflict, a compassionate visa could be requested to provide temporary refuge to those displaced and in need of safety.

4. Victims of Violence or Persecution

Individuals who have experienced violence, persecution, or threats to their safety in their home country may apply for a compassionate visa to seek protection in another country.

5. Humanitarian Aid Work:

If you are involved in humanitarian work and need to enter a country for relief efforts, a compassionate visa could be granted to facilitate your contributions.

6. Child Welfare:

 In cases where a child’s welfare is compromised due to neglect, abuse, or other circumstances, a compassionate visa might be sought to ensure the child’s safety and well-being.

7. Endangered Citizenship:

When someone faces the risk of losing their citizenship due to circumstances beyond their control, a compassionate visa could be applied for to prevent statelessness.

8. Serious Financial Hardship

 If an individual or family is facing severe economic hardship in their home country, they may apply for a compassionate visa to seek better economic prospects elsewhere.

9. Terminal Illness of a Family Member

When a close family member is terminally ill and residing in another country, a compassionate visa could be sought to be with them during their final moments.

10. Escape from War or Conflict

People fleeing war, armed conflict, or civil unrest in their home country might apply for a compassionate visa as a means of seeking refuge and protection.

Who Is Not Eligible for a Compassionate Visa?

The following persons are not fit for a Compassionate application if he/she:

1. Is a temporary resident of Canada.
2. Possesses a pending refugee claim.
3. Has been rejected by the Immigration Review Board for the past 12 months.
4. Has an adverse medical condition.

Documents Required for Compassionate Visa

The specific documents that are needed for a compassionate visa can differ depending on the country and its immigration policies. The usual documents that might be required include:

1. Passport: Valid passport with at least six months of validity remaining.
2. Visa application form: Completed and signed visa application form.
3. Passport-sized photos: Recent passport-sized photos that meet the visa application requirements.
4. Proof of relationship: Documentation proving the relationship between the applicant and the person for whom compassion is being sought (e.g., birth certificates, marriage certificates).
5. Medical documents: If the compassionate situation involves medical reasons, medical certificates or reports might be required.
6. Letter of support: A letter explaining the compassionate circumstances and the need for the visa, often written by the person already in the destination country.
7. Proof of legal residence: If the person already resides in the destination country, proof of legal residence might be necessary.
8. Financial documents: Evidence of the applicant’s ability to cover their expenses during the stay, which could include bank statements or sponsorship letters.
9. Police clearance certificate: A certificate indicating that the applicant does not have any criminal record.
10. Travel itinerary: Details of travel plans, including flight reservations and accommodation arrangements.

When Does Humanitarian and Compassionate Law Apply?

Humanitarian and compassionate (H&C) considerations apply in Canadian immigration law when an individual’s specific circumstances warrant an exemption from normal immigration requirements. These exemptions are granted based on humanitarian and compassionate grounds, typically when someone can demonstrate that they would face undue hardship if required to leave Canada or be separated from their family. It’s assessed on a case-by-case basis, considering factors such as family ties, establishment in Canada, and potential risks in the person’s home country.

Steps To Apply For a Humanitarian And Compassionate Visa

The process flow for applying for a Humanitarian and Compassionate (H&C) visa is highlighted below

1. Research Eligibility: Understand the criteria for an H&C visa in your country’s immigration regulations.
2. Gather Documents: Collect relevant documents such as personal identification, evidence of hardship, reasons for seeking H&C consideration, etc.
3. Complete Application Form: Fill out the appropriate application form provided by your country’s immigration authority.
4. Write a Detailed Letter: Draft a compelling letter explaining your situation, outlining why you qualify for H&C grounds, and describing your ties to the country.
5. Provide Evidence: Include documents supporting your claims, like medical reports, affidavits, letters of support, etc.
6. Pay Fees: Pay the required application fees as outlined by your country’s immigration authority.
7. Submit Application: Submit your application, along with all the supporting documents and fees, as per the instructions provided.
8. Attend Interviews (if it is necessary): Some cases might require an interview to assess the legitimacy of your claims.
9. Await Decision: Wait for the immigration authorities to review your application and make a decision. This can take some time.
10. Follow Up: If needed, follow up with the immigration authority to check on the status of your application.
11. Appeal: If your application is denied, you might have the option to appeal the decision. Follow the instructions provided in the denial notice.

Conclusion

It’s vital that you check the different eligibility requirements of the country’s embassy or consulate where you’re applying for a compassionate visa, as they may be extra or different requirements.