Dear Mr Brown:

My mother, who is 82-years-old, is a citizen of Canada. I would like to go to Canada to take care of her [but] I have been refused a visitor’s visa to see her. Can I apply on humanitarian and compassionate grounds to see her?

— HM

Dear HM:

I receive a lot of queries regarding humanitarian and compassionate grounds (H&C) in all sorts of different contexts. Please note that H&C may be considered for applications for permanent residency under Family, Economic and Refugee Classes (with notable restrictions and exceptions).

The H&C class provides discretion to grant permanent or temporary residence to applicants who would otherwise NOT be eligible under Canadian Immigration laws. The discretionary nature of H&C consideration provides the Canadian Government with flexibility to approve exceptionally deserving cases that are not anticipated by the immigration laws. This applies to those who wish to go to Canada and those who wish to remain there but are inadmissible for technical, medical, or criminal reasons. It may also be considered for those inadmissible on grounds of security, human or international rights violations, serious criminality, organised criminality, or health.

A foreign national who is inadmissible or who does not meet the requirements of immigration laws may request H&C consideration. However, the discretion is exercised on a case-by-case basis, taking into account an applicant’s unique circumstances. In fact, immigration officers may consider H&C grounds on their own initiative.

Standard

The onus is on the applicant to articulate the hardship that is sustained should they not be granted an exemption. The applicant must demonstrate suffering if they are not granted an exemption or an immigrant visa for Canada:

1. That is unusual, in that the circumstances were not anticipated or addressed by the Act or Regulations;

2. That is undeserved, in that the deleterious circumstances are beyond the person’s control; or

3. That results in disproportionate hardship, in that not being granted the exception would have an unreasonable impact on the application, due to their personal circumstances.

Based on your query, I am not sure if you wish to remain in Canada permanently or just to care for your mother on a temporary basis. I am also not sure about the structure of your family, ie, if there are other relatives that live in Canada. It does not seem like H&C would apply to your circumstances.

I can state that if you wish to visit your parent who has medical issues, then your visa application should include sufficient documentary evidence of the situation. You must also show sufficient ties to Jamaica. Visa applications can always be refused, so your situation has to be well documented to convince a visa officer.

Please visit jamaica2canada.com for additional information on Canadian permanent residence programmes, including Express Entry, the Study and Work progamme, Visitor’s visas or Appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM-a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com