I have been in Canada for many years without status. I do not want to return to my country as I have many ties to Canada. What can I do? If you have lived in Canada for many years, have strong ties to Canada and believe that you would suffer hardship if you return to your country, you can apply for permanent resident status in Canada through a humanitarian and compassionate application. Humanitarian and Compassionate applications exist for people who are in Canada who cannot reasonably apply for permanent residence through no other immigration process. The average processing time is over two years and there are no guarantees that your application will be accepted. Moreover, submitting an application through this process does not give you a temporary status in Canada. Nevertheless, it may be the best option for you if you can show that you have strong ties to Canada, that you are established in Canada, you have family in Canada and that you would suffer undue hardship if you were forced to return to your country. If you have children the Officer considering this application will also look at the best interest of your children and how they would be impacted if they are removed from Canada. It is important to submit strong evidence that you are established in Canada and that you will suffer hardship if you are forced to return to your country. This evidence can include letters of reference, testimonials, proof of work or volunteer experience, school records, extracurricular activities and evidence of poor country conditions in your home country, if applicable. Because Humanitarian and Compassionate applications take a long time for a decision, you will have the opportunity to submit additional documents after your application has been filed. Remember that this type of application is ongoing and any additional information you believe that will help you application can be submitted at any time prior to the decision. If your application has been refused you will have the opportunity to file a judicial review with the Federal Court in order to try and overturn the refusal of your application. Before making the decision to submit a Humanitarian and Compassionate application you should consult with an immigration specialist to determine if this immigration process is appropriate for you.
