Canada increases some immigration category caps, lowers humanitarian grounds admissions

As the Canadian government has announced its targeted immigration levels for 2013, it has also made a few changes to the number of applications that will be accepted for different categories. For example, more applications will be accepted under the Canadian Experience Class (CEC)program although the overall target for immigration levels in 2013 will remain the same as this year, between 240,000 and 265,000.

Kenney

Minister Kenney

But the government also announced (quietly) that they will accept 1,000 fewer permanent residency applications on humanitarian and compassionate grounds.

People can apply for permanent resident status in Canada on humanitarian and compassionate grounds if they face extreme hardship, such as possible death, an uncertain future or separation from their children if they were to be deported. It is sometimes the last resort for refugees whose claims have failed.

Making it difficult for humanitarian and compassionate applications already

Over the last year the Canadian government has made it much more difficult for people to apply for permanent residency on humanitarian and compassionate grounds, especially in June when the Bill C-31 Protecting Canada’s Immigration System Act passed.

The act took away the ability of people who had a refugee claim pending to apply without withdrawing their claim first – but those who’ve withdrawn their asylum claim could not apply for permanent residency under humanitarian and compassionate grounds for up to a year after they’ve withdrawn it.

People who arrive in Canada irregularly, such as those from “safe” countries or those that arrive in large numbers by boat cannot apply for permanent residency on humanitarian and compassionate grounds for up to five years after they arrive.

 

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: Humanitarian and Compassionate Applications Immigration Levels Minister Kenney permanent residency in canada

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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