Documents Humanitarian & Compassionate (H&C) là lựa chọn quan trọng giúp phụ nữ không có tình trạng di trú nhưng đang chịu bạo lực gia đình có cơ hội xin thường trú nhân tại Canada dựa trên hoàn cảnh đặc biệt và yếu tố nhân đạo.

H&C là một quy trình phức tạp, yêu cầu người nộp đơn cung cấp bằng chứng đầy đủ về hoàn cảnh của mình. Việc tham khảo ý kiến luật sư di trú là bước cần thiết để tránh sai sót ảnh hưởng đến kết quả hồ sơ.

1. What is H&C? The application review process consists of 2 stages

An H&C application is reviewed by IRCC in two steps:

Phase 1: Approval-in-principle

IRCC approves applicants to apply for PR based on humanitarian and compassionate grounds.

Phase 2: Assessing the conditions for granting PR

IRCC considers:

• physical examination
• security – background
• criminal record
• financial self-sufficiency

In some cases, an applicant may request an exemption where these conditions cannot be fully met, particularly where circumstances of violence are the cause.

Note: Being approved for step 1 does not guarantee PR. The second stage can still be rejected.

In addition to H&C, women who have been abused can apply for the Domestic Violence Survivors Program (TRP), which allows them to stay in Canada for at least 12 months and apply for a free Work Permit. The two applications can be processed in parallel.

2. What factors does IRCC consider when assessing H&C?

a. Level of stability and attachment to Canada

IRCC assesses how an applicant has established a life in Canada, based on:

• living time
• work – study – volunteer history
• English/French proficiency
• community and family relationships
• child born in Canada

If the woman has been controlled, isolated, or prevented from working or attending school because of violence, this needs to be explained clearly so IRCC understands the context.

b. Hardship – Difficulty of being forced to return home

This is a central element of an H&C application. IRCC considers the extent of the psychological harm, safety and reintegration if the woman were to return to her home country.

Some commonly accepted difficulties:

• lack of appropriate medical services or psychological support
• poverty, insecurity
• discrimination based on gender, religion, sexual orientation
• risk of recurrence of violence
• poor or inappropriate education system for children
• conflict, political instability, natural disasters

c. Best Interests of the Child

IRCC bắt buộc phải xem xét yếu tố này đối với mọi trẻ dưới 18 tuổi bị ảnh hưởng bởi quyết định hồ sơ, bao gồm:

• biological child
• children in care or children with close attachments

IRCC assessment:

• attachment to Canada
• health, special needs
• education
• the impact of having to leave Canada
• risks in the country of origin

In many cases, the child factor can significantly strengthen a case.

3. Types of evidence to prepare for H&C documents

A convincing H&C profile must have complete, clear, and consistent evidence. Important groups of evidence include:

a. Letter of support

From relatives, friends, neighbors, employers, schools, religious organizations or women's support organizations. Content should include:

• relationship
• the applicant's role in the community
• impact if they have to leave Canada

b. Medical and psychological records

• Doctor report
• treatment records
• psychological diagnosis
• evidence of trauma

c. Legal documents

• police report
• court records
• protective order, child custody order

d. Financial proof – employment

• payroll
• tax
• job acceptance letter
• child support certificate abroad

e. Evidence from daily activities

• family photos
• community activities
• children's drawings

f. Evidence from the country of origin

• NGO report (Report from Non-Governmental Organization)
• information on violence, discrimination, poor health

4. After submitting H&C application

Processing times can range from several months to longer.
Applicants must update IRCC immediately if there are any changes:

• contact address
• family status
• employment status
• health
• legal factors

Filing an H&C does not guarantee the right to stay in Canada while waiting for the application to be processed, so a lawyer should assess the level of risk before filing.

5. Legal support for women experiencing violence

The document provides a variety of support resources such as:

• Community Legal Clinics
• Legal Aid Ontario
• Barbra Schlifer Clinic
• Luke’s Place
• Helpline for battered women
• 211 Ontario
  These are important services that help women understand their rights and prepare their applications properly.

Conclusion

The H&C application is one of the most powerful solutions for women who have experienced domestic violence to stay in Canada and apply for permanent residency. However, it is a very complex application that requires:

• obvious reasons,
• full evidence,
• reasonable explanation,
• constantly updated information,
• and especially the support of an experienced immigration attorney.