January 2013
WHAT KIND OF PROOF DO I NEED FOR MY H&C?
An H&C Application is an application for Permanent Residence based on Humanitarian and Compassionate grounds.
To win your H&C, you need to show Citizenship and Immigration Canada (CIC):
· That you are who you say you are;
· That you have made Canada your new home; and
· That it would be very difficult for you to return to your country.
The rule is that people can only apply for permanent residence from outside of Canada. You are asking CIC to make an exception to this rule – so you need to show that your case is exceptional.
CIC gets many applications and you want yours to stand out. The best way to do this is to give them a big package with as much evidence as possible.
The list on the following pages gives some EXAMPLES of the kinds of documents that you should try to get if possible. These are only EXAMPLES; don’t worry if you can’t get all of these documents, and please try to get any other kind of proof you can.
If you previously filed a refugee claim, please see the end of the handout for important information you should know….and if you have any questions, please ask!
Documents to Submit as Evidence with your H&C Application:
A. Proving who you are
· passport, national ID card
· birth certificate, marriage certificate
· credit cards, driver’s license, work ID
· school records, diplomas, transcripts, etc.
· bills with your name on them (phone bills, electricity bills, etc.)
· a will, deeds to property, etc.
· If you don’t have any other ID, can you get affidavits from members of your community in Toronto?
B. Establishment: Proving that you have made Canada your new home
CIC wants to see that there are strong reasons why you need to stay in Canada. You should think about the following:
Family
· Do you have any family members who are Canadian citizens or permanent residents? Are you close with them? If so, you need to show CIC how close you are, and how difficult it would be for you to be separated from them. Try to get:
o Letters from your family members, telling CIC how important you are to them and how much they would miss you if you had to leave. These letters should say:
§ the author’s full name and signature
§ the date they were written
§ how the author is related to you
§ why they think that you should be allowed to stay in Canada
o Children can draw pictures if they are too young to write letters
o Photos of you spending time together
· If any of your family members are especially vulnerable (children, elderly people), and rely on you, you should show CIC how your leaving Canada will affect them.
o If you provide care to an elderly person, show proof of this (letters from family should mention this)
o If a child in your family (grandchild, nephew or niece, etc.) is very close to you, and would suffer greatly if you left Canada, talk to your lawyer about having that child meet with a psychiatrist. A psychiatrist can write a report explaining the harm the child will suffer if you leave Canada.
Friends and Neighbours
· CIC likes to see that you have made friends in the community. The best way to show this is to get letters of support from friends, neighbours, and people in your community. Try to get letters from all different kinds of people – the more the better. These letters should say:
§ the author’s full name and signature
§ the date they were written
§ how the author knows you
§ why they think that you should be allowed to stay in Canada
§ it is great if they can write at the end of the letter, “If you would like any further information, please feel free to contact me” – and give their phone number.
§ if they are permanent residents or citizens
Work
· If you are working, you should ask your boss to write you a letter. This letter should say:
§ what your job title is
§ what kinds of work do you, what kinds of responsibilities do you have
§ how long you have been working at this job
§ how much you earn (and if your boss has ever given you a pay raise, ask him or her to include this information; it shows that you do good work and are valuable to your boss)
§ if possible, your boss should tell CIC that you are a good worker, and that he or she thinks that you should be allowed to stay in Canada.
· If you are helping your family members to run a family business, this counts! Ask your family to write a letter for you explaining the kinds of work that you are doing.
· If your boss does not know about your immigration situation, and you are afraid to ask him or her for a letter, then it is important to collect other evidence to show that you are working (pay stubs, letters from other employees).
o NOTE: It is important to show CIC that you are working, even if you are working without a work permit. CIC will still give you credit for supporting yourself.
School
· Have you been going to school? If so, you should give CIC proof of this. CIC likes to see that people are making efforts to learn new things. If you are studying English, taking a computer course, a cooking class, any kind of class, get proof!
o you can show a copy of your enrolment slip
o also, teachers are often happy to write letters for their students. Ask your teacher if he or she will write you a letter that says:
§ that he or she is your teacher
§ how long you have been studying with him or her
§ that you are a good student, a hardworking student
§ that he or she thinks that you should be allowed to stay in Canada
Community activities
· CIC likes to know if you are involved in any community groups. Do you go to a church, temple, mosque or synagogue, or practice your religion with other people? If so, this counts as a community group!
o Ask your leader (priest, rabbi, imam, etc.) to write a letter saying that you are a valuable member of your religious community
o Ask the people in your group to write letters supporting you.
· Do you do any volunteer work? CIC likes to see that applicants like to help other people. You will want to make sure CIC knows if you:
o volunteer with an organization (shelter, soup kitchen, etc.)
§ you should get a letter from the volunteer coordinator, saying:
· that you are a volunteer
· how long you have been volunteering
· what kinds of volunteer work you do
o baby-sit for friends or neighbours
o help neighbourhood children with their homework
o look after a neighbour’s apartment while they are away
o anything else that shows that you make time to help people
Your children
· If your children are Canadian citizens, get copies of their birth certificates to prove this.
· Whether your children are Canadian citizens or not, CIC needs to think about what is best for them. You need to show why it is best for your children to stay in Canada. You should try to get:
o Letters from your children, where they say in their own words why they want to stay in Canada. If they are too young to write, they can draw pictures of the people and things in Canada that are important to them
o Letters from your children’s school teachers. These letters should say:
§ That they are your child’s teacher
§ What they know about him or her (he or she is kind, hardworking, thoughtful, etc.)
§ That they believe that he or she should be allowed to stay in Canada
o Any report cards, awards, school certificates, etc. to show that they are doing well in school, or at least trying hard!
o Proof of any after-school activities that they do (like sports, music, dance, etc.)
o Letters from your children’s friends.
· If your children will have to leave other family members behind if they leave Canada, you will need to show the bad effect that this will have on them. Ask your lawyer about arranging for your children to meet with a psychiatrist. A psychiatrist can write a report explaining the harm that they will suffer if they have to leave Canada.
Medical care or therapy
· If you or your children are seeing a doctor regularly because of a specific medical problem, or are seeing a counsellor, psychologist or psychiatrist, this might be another good reason why you should be allowed to stay in Canada.
o Talk to your lawyer about arranging to get a letter from your doctor or therapist.
C. Hardship: Proving that it would be very difficult for you to return to your country
· If you have been away from your country for a long time, it may be very hard for you to return because you do not know anybody there anymore. If this is the case, you need to prove when you left your country:
o If you came to Canada using a passport, a copy of your passport, with the stamp in it, will be proof enough.
o If you came here using false papers, you should try to find proof that you have been in Canada for as long as you say you have; see if you can find any documents from when you first arrived that have your name on them (lease, phone bills, bank statements, pay stubs, etc.).
· Are you afraid to go back to your country because you will not get the medical care that you need?
o Talk to your lawyer about this, and he or she will do research about this problem.
· Are you afraid to go back to your country because there is war, an oppressive government, a flood, a famine, or some other kind of political or natural disaster?
o Talk to your lawyer about this, and he or she will do research about this problem.
· Are you afraid to go back to your country because someone hurt or threatened you or your family before you left? If so, you will need to get proof to show CIC what happened to you, and why you are still afraid.
If you were denied refugee status in Canada:
In June 2010, Citizenship and Immigration Canada changed the factors that will be considered in an H&C application.
Currently, Citizenship and Immigration Canada WILL NOT CONSIDER RISK you may face in your country. Citizenship and Immigration WILL CONSIDER HARDSHIP you may face there.
o The FACT that your refugee claim was denied is not important – CIC and the Refugee Board are looking for different things.
o The TIMING of your negative refugee claim is important, though. Changes to the law made in June 2012 prevent failed refugee claimants from applying for an H &C if less than 12 months have passed since their refugee claim was denied. There are two exceptions to this new rule:
§ if your life would be at risk because your country cannot give you adequate health or medical care - you will need to get a letter or report from your doctor about your condition as well as information about what the situation is in your country to prove you fit within this exception
OR
§ if your removal from Canada would have a negative effect on a child. This does not have to be your child, it can be a child that you are involved with who would be directly affected by your removal – you will have to gather letters and/or sworn statements (affidavits) from either the child or persons close to them that explain how your departure will affect the child. Medical or psychological evidence can be useful to establish this as well.
· As of December 2012 (projected), if you are a Designated Foreign National, you cannot apply for an H & C until 5 years after your negative decision, or – if you did not make a prior claim – until 5 years after you were listed as a Designated Foreign National.
o There may still be helpful evidence in your refugee claim file. If a lawyer or agent helped you with your claim, please contact him or her and ask for a copy of your full file. If you have any trouble, please ask your lawyer for help.
o Talk to your lawyer about what kind of new information you should try to get.
If you have never made a refugee claim:
o If you have never made a refugee claim, but are afraid to go back to your country, please talk to your lawyer right away.
GOOD LUCK!
AND IF YOU HAVE ANY QUESTIONS, PLEASE ASK!
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