Philippine Asian News Today Vol 18 No 18 | Page 14

A14 PHILIPPINE ASIAN NEWS TODAY September 16 - 30, 2016 Immigration Corner By Giovanni G. Mata Humanitarian and Compassionate (H&C) Consideration is an exceptional ground used in a permanent residency application in Canada. The legal basis for this ground is Section 25 (1) of the Immigration and Refugee Protection Act which provides that: “Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or o bligations of this Act if the Minister is of the opinion that it is justified by humanitarian H&C Consideration: Your last bid to stay in Canada and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.” This provision allows the Immigration, Refugee and Citizenship Canada (IRCC) to grant a foreign national a permanent resident status or an exemption from any applicable criteria or obligation in IRPA based on humanitarian and compassionate (H&C) grounds. This is available for people who are in Canada and who failed to qualify to immigrate under any of the Canada’s immigration programs. This application is usually resorted to by people who are out of status but have already been settled in Canada, or those who have failed refugee claims. Those who are found inadmissible on security grounds, international rights violations, and organized criminality cannot apply for H&C. This is not also available to those who have a pending H&C application or refugee claim and those who are designated foreign national in the last 5 years. In this type of application, the applicant must establish unusual or disproportionate hardship or risk that he or she will suffer if removed from Canada and return to his or her home country. The IRCC has noted in its website several factors that may be considered in an application, including but not limited to the following: 1 establishment in Canada 2 an inability to leave Canada that has led to establishment 3 ties to Canada 4 best interests of any children affected by your application 5 health considerations 6 family violence considerations 7 consequences of your separation from relative 8 factors in your country of origin (not related to seeking protection) 9 any other relevant factors you wish to have considered that are not related to seeking protection. H&C is an exceptional ground wherein one must show compelling reasons and submit convincing evidence before he or she be granted a permanent resident status. It is therefore important to submit a very detailed and carefully crafted submission showing all the factors and why the application should be granted. The application must also be supported with the necessary evidence corroborating all the factors presented. While the applicant is awaiting for the decision on an H&C application, he or she can stay in Canada in the meantime. This however would not delay or prevent the IRCC from removing the applicant if he or she is under a removal order. If the H&C application is refused, the applicant can appeal the refusal to the Federal Court of Canada within 15 days from receipt of the refusal. If the application is granted, the applicant gets his or her permanent resident status in Canada. If you are a foreign worker who is out of status in Canada and who would suffer unusual and disproportionate hardship if you go back to your home country, we can help you go through the H&C application process. If you need help or have questions about Canada immigration matters, you can reach me at [email protected] Giovanni is an articled student at Equity Law Group. Articling is the last phase of becoming a lawyer in Canada. Law Society of British Columbia Rule 2-60 permits an articled student to provide all legal services that a lawyer can offer, with some exceptions. He is also a licensed immigration consultant with ICCRC, a Philippine Trial lawyer, Certified International Trade Professional in Canada, and an Arbitrator. Disclaimer: This article is for information purposes only and not to provide specific legal advice. City launches a New Start for immigrants and refugees in Vancouver Today staff introduced the New Start Strategy to City Council, laying out 28 priority actions for effective settlement and integration of immigrants and refugees in Vancouver over the next decade. The strategy is a key milestone of the federally funded Vancouver Immigration Partnership (VIP) convened by the City of Vancouver and recognizes that immigrants and refugees are an integral part of the city, bringing with them diversity, talents, skills and the desire to engage with other members of society. The New Start Strategy was the result of a 16 month process that engaged nearly 120 people from 72 organizations and groups in order to gain a better understanding of the unique barriers and challenges that many immigrant and refugee newcomers face. The Strategy sets out to improve the settlement experience of newcomers through coordinated action across diverse communities with a focus on four key themes: 1. Enhancing Access to Services; 2. Strengthening Intercultural and Civic Engagement; 3. Building Welcoming and Inclusive Workplaces; and 4. Government and Public Institutions Addressing Needs These four themes correspond to the City’s Health City Strategy goals of access to human services, being able to make ends meet, feeling connected and included, and collaborative leadership. A full list of the 28 priority actions can be found in the New Start Strategy. Productive consultations on flexible work arrangements Canadians have had their say in the Government of Canada’s consultations on flexible work arrangements. The Government is firmly committed to supporting our middle class and those working hard to join it and that includes the many Canadian families increasingly struggling to balance work and family. Flexible work arrangements, such as flexible start and finish times and the ability to work from home, can help employees manage their responsibilities and also bring value to businesses through higher retention rates and better productivity. This could mean taking care of an aging person, leaving earlier from work to pick up a child from day care, or taking leave to participate in traditional Indigenous practices like hunting, trapping and fishing. The Government of Canada has held far-reaching public consultations on its plan to give employees the right to request flexible work arrangements wi thout fear of reprisal. Through May and June, more than 1,260 Canadians and 60 stakeholders shared their perspectives on flex work, including employers and employer associations, unions and labour organizations, advocacy groups, community groups and WWW.PHILIPPINEASIANNEWSTODAY.COM other organizations, think tanks and academics. We are committed to bringing in measures that balance the needs of Canadian businesses and Canadian families. A report on what was heard during the consultations is now available on our website.