Immigrant Investor Venture Capital Pilot Program

The Immigrant Investor Venture Capital (IIVC) class pilot program is now closed.

The humanitarian and compassionate applications

The humanitarian and compassionate or “H&C” application is a last resort  when all other possible applications have not succeeded. When everything else fails!  It’s an in Canada application .The application is  also available to persons outside of Canada only if they have an existing application for permanent residence under process.

Foreign nationals who are inadmissible, or who do not meet the requirements of the Act or Regulations, may make a written request for consideration under A25(1). The Minister must examine an application for consideration on H&C grounds from a foreign national outside Canada except foreign nationals to whom any of the following apply:

• they do not meet the requirements of Ministerial Instructions relevant to the caegory in which they make their application
• they are inadmissible A34, A35 or A37 (application received after June 19, 2013)
• they are subject to a bar under A25(1.2)

In accordance with R66, requests for H&C consideration under A25(1) submitted outside Canada must be made in the context of an application for permanent resident status or for a permanent resident visa. The application must be made in writing and must accompany an application for permanent residence made in one of the existing three classes (family, economic or refugee). The application must be submitted in accordance with the requirements specified in R10.

In the absence of a specific request from an applicant, the Minister may consider H&C grounds on his own initiative (A25.1) or advise the applicant to request an exemption under A25.

The decision on an H&C application is “discretionary”. This means that immigration officers have a lot of freedom when they decide about these applications.Everything depends upon submission of  supporting document(s) explaining your hardship, best interests of a child, or any other factor the applicant may want to be  considered.As the applicant is usually not interviewed , it’s important to make a strong application that:

• Explains all of the reasons why they should let you stay in Canada, and
• Includes the best possible evidence to support your application

Eligibility

The applicant should be able to demonstrate that they meet some of the following criteria:

• 1-Best interests of the children directly affected by the decision made on my application
• 2-Ties and establishment in Canada
• 3- Health considerations
• 4-Family interest consideration in the light of IRPA 3.1(d) to see that families are united in Canada
• 5-IRPA 3.2(g) objective to maintain and protect the health, safety and good order of Canadian society
• 6- If the applicant is not allowed to stay permanently in Canada it may have an impact on their family members who do have the legal right to remain in Canada as permanent resident or citizens
• 7- Applicants would face severe hardship or difficulties if returned to their home country