Operational Bulletins 126 – July 9, 2009

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

Processing spouse or common-law partner in Canada class applications when humanitarian and compassionate consideration is requested

Background

The spouse or common-law partner in Canada (SCLPC) class is a prescribed class of persons who may become permanent residents on the basis of their relationship to a sponsor.

For detailed information on the requirements of this class, please consult the Inland Processing manual, Chapter 8 (IP 8) and section 124 of the amended Immigration and Refugee Protection Regulations (IRPR).

In recent years, officers in the field have seen a notable increase in the number of applications made under the SCLPC class that include requests for humanitarian and compassionate (H&C) consideration. The purpose of this Operational Bulletin is to provide instructions for the processing of these applications.

The exercise of discretion based on humanitarian and compassionate consideration is provided for in section 25 of the Immigration and Refugee Protection Act (IRPA). A25 requires the Minister’s delegate to examine the circumstances concerning the applicant’s in-Canada request for H&C consideration. If, in the opinion of the Minister’s delegate, it is justified by humanitarian and compassionate considerations relating to the applicant, an exemption from any applicable criteria or obligation of the Act or Regulations may be granted. In the context of an in-Canada request for H&C consideration, R66 requires that an H&C request be made in writing and that it accompany an application to remain in Canada as a permanent resident. While applicants requesting H&C consideration are generally encouraged to complete an H&C application form and pay the H&C processing fee, they may also include a request for H&C consideration with an application for permanent residence as members of the SCLPC class.

In order to maintain the intent of the SCLPC class and ensure that the benefits associated with the class are limited to those who are sponsored by and cohabiting with a spouse or common-law partner in Canada, the following policy approach has been adopted:

  • SCLPC applicants who satisfy the SCLPC eligibility requirements set out in R124(a) and (c), in that they are sponsored by and cohabit with a spouse or common-law partner in Canada, and who request H&C consideration to exempt them from inadmissibilities or other applicable requirements, such as the requirement to have temporary resident status, a passport or other documentation, will be processed as members of the class. Since these applicants will be processed as members of the class, they will benefit from R72, the concurrent processing of overseas dependents, and an exemption from both R133(4), the minimum necessary income and A38(2), the medical requirements with respect to excessive demand on health and social services, if their application is successful.
  • SCLPC applicants who do not satisfy the SCLPC eligibility requirements set out in R124(a) and (c) and who request H&C consideration will not be processed for permanent residence as members of the class. Their applications will be transferred to the H&C queue for processing in accordance with current H&C procedures.

Applicants may request H&C consideration at any time prior to a final decision being made on their application. Nonetheless, applicants must provide all information they want considered. It is the applicant who bears the onus of satisfying the decision-maker that the H&C factors present in their individual circumstances are sufficient to warrant an exemption.

When H&C is not requested, SCLPC applications will continue to be processed as per current procedures outlined in IP 8.

Instructions

A) Applications processed in the SCLPC class

Applicants under the SCLPC class, who have requested H&C consideration to overcome inadmissibilities or other applicable requirements, will be processed in the SCLPC class if they meet the following eligibility requirements of the class:

  • they are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada [R124(a)]; and
  • they are the subject of a sponsorship application [R12(c)].

In relation to the requirement to have temporary resident status in Canada [R124(b)], the public policy under A25(1) to facilitate processing in accordance with the regulations of the SCLPC class facilitates the processing of genuine out-of-status spouses or common-law partners in the SCLPC class who meet the other eligibility requirements of the class. Applicants who are covered under the public policy should be processed according to the provisions of the public policy articulated in IP 8, Appendix H. Applicants who do not have temporary resident status in Canada and who are not covered under this public policy may be exempted from R124(b) if, in the opinion of the Minister’s delegate, it is justified by humanitarian and compassionate considerations relating to the applicant.

Processing requests for H&C consideration to overcome inadmissibilities and other applicable requirements

SCLPC applicants who request H&C consideration and are eligible to be processed as members of the SCLPC class fall into two basic groups:

  1. persons who satisfy R124(a), R124(b) and R124(c) and who request H&C consideration to exempt them from any inadmissibility or other applicable requirement. This group includes persons whose status in Canada is covered under the public policy;
  2. persons who satisfy R124(a) and R124(c), but who do not satisfy R124(b) and are not covered by the public policy under A25(1). These applicants may also request an exemption from any inadmissibility or other applicable requirement.

Under these guidelines, if justified based on H&C consideration, SCLPC applicants may be granted an exemption from more serious inadmissibilities than those currently covered by the public policy under subsection 25(1) of the IRPA to facilitate processing in accordance with the regulations of the spouse or common-law partner in Canada class. For greater clarity, under these guidelines, applicants who meet the specified eligibility requirements of R124(a) and R124(c) may be eligible for a waiver of the requirement to have temporary residence status, a valid passport/travel document, authorization to enter Canada after being deported, or other applicable requirements (criminality, security, medical, misrepresentation, etc.). They are not required to re-apply through the regular H&C stream.

Applicants who have met the specified eligibility requirements for membership in the class (R124(a) and R124(c)) and who request an exemption from requirements not covered under the public policy, based on H&C consideration, bear the onus of satisfying the decision-maker that an exemption from an inadmissibility or other applicable requirement is justified based on humanitarian and compassionate considerations.

Decision-making

Officers will consider requests for H&C consideration for inadmissibilities within the scope of their delegated authority (Refer to IL 3 (PDF, 922.26 KB) – column 1, item 29 – for IRPA section A25(1) delegation). Requests for H&C consideration for an exemption from an inadmissibility which the officer is not delegated to grant should be referred to Case Management Branch in accordance with current procedures.

The decision-maker considers the applicant’s request for H&C consideration in light of all the information known to the officer. The decision-maker must also consider the applicant’s criminal, medical and security admissibility, as applicable. Upon examination of the applicant’s particular circumstances, an exemption from the applicable criteria or obligation of the Act may be granted if the officer is of the opinion that it is justified by humanitarian and compassionate considerations relating to the applicant (see Appendix E).

If while processing a SCLPC application accompanied by a written request for an exemption based on H&C considerations, a further inadmissibility is discovered and an exemption is requested by the applicant from the newly discovered inadmissibility, the decision-maker must consider the new request. If a request is not made by the applicant, A25(1) also provides discretionary authority to the Minister/Minister’s delegate to exempt the applicant from any requirement on their own initiative, if they are of the opinion that it is justified by humanitarian and compassionate considerations.

If the officer is of the view that clarification with respect to the applicant’s H&C request is necessary, a request to the applicant for clarification may be appropriate (see Appendices A and C). If an interview is required, refer to Appendix D.

If the applicant does not satisfy the officer that the H&C factors present in their individual circumstances justify granting the requested exemption, the officer may refuse to grant an exemption and render a negative decision on the application (Appendix F). Officers may refer to section 9.3 of IP 5 for guidance on recording the reasons for their decision.

If the officer is considering extrinsic information (i.e. information from a source other than the applicant or information to which the applicant does not have access or is not aware is being used in the decision), this information must be shared with the applicant and submissions on the information should be invited before being used in the decision. For more information see IP 5, section 6.4 – Extrinsic Information.

B) Applications not processed in the SCLPC class

Specified eligibility requirements of the SCLPC class are not met

All applicants under the SCLPC class who request H&C consideration but who do not meet the requirements of R124(a) or (c) will be placed in the H&C queue, based on the date of receipt, and processed in accordance with existing H&C procedures. Applications identified at the eligibility screening stage will be transferred to the H&C queue by the case analyst at the Case Processing Centre in Vegreville (CPC-V). Those identified later will be transferred by the officer responsible for the processing of the case. Applicants will be informed by letter that their application has been transferred to the H&C queue for processing (Appendix G).

Eligibility requirements of the SCLPC class are not met due to a change in circumstances after the first stage eligibility approval

Applicants who, after they were assessed to have met the eligibility requirements of the class (first stage approval), request H&C consideration due to a change in circumstances related to the R124(a) and R124(c) eligibility requirements, will be transferred to the H&C stream for processing. Since, at this point in time, these applicants would no longer satisfy R124(a) and/or R124(c), they would therefore not be eligible to apply for permanent residence from within Canada as a member of the SCLPC class. However, their first stage approval will not be revisited pending re-examination in the H&C stream, unless the change in circumstances involves misrepresentation or fraud (see Enforcement, Chapter 2 (ENF 2), section 9). This will allow most individuals who have received first stage eligibility approval to continue to benefit from a stay of their removal and to be able to apply for a work permit while their application awaits processing in the H&C queue. Since these applications will be processed in accordance with existing H&C procedures, applicants will need to demonstrate that having to apply for a permanent resident visa from outside Canada would constitute “unusual and undeserved or disproportionate” hardship. These applicants will be informed by letter that their application has been transferred to the H&C queue for processing (Appendix H).

FOSS coding

We are exploring the possibility of having a new FOSS Immigrant Category created for SCLPC applicants who have been granted an exemption from inadmissibilities based on H&C consideration. Until new coding has been established, we will continue to use the following code:

FCH: FAMILY RELATIONSHIPS - H&C

For applications which have been transferred to the H&C queue for processing, existing H&C codes will be used:

HC1: H&C APPLICATION (without a sponsorship)
HC2: SPONSORED H&C APPLICATION

References

Manual and Webcart updates will follow.


Appendix A – Request for further information relevant to H&C factors prior to eligibility assessment

This letter is to be used in circumstances where further information is required from the applicant regarding the H&C factors identified in the applicant’s SCLPC application.

Note: In this scenario, an assessment of eligibility has not been made.

This refers to your application for permanent residence from within Canada as a member of the Spouse or Common-law Partner in Canada class (SCLPC).

The processing of your application involves two steps. A representative of the Minister of Citizenship and Immigration (CIC) must determine if you satisfy the specified eligibility requirements of the Spouse or Common-law Partner in Canada class. In addition, you and, if applicable, all of your family members must also meet all remaining requirements for becoming a permanent resident in Canada. These requirements include medical, security and background checks for you and, if applicable, all of your family members, both in Canada and abroad, even if they are not applying to join you in Canada at this time.

On [insert date], you requested an exemption in relation to the following requirement(s) of the Immigration and Refugee Protection Act/Regulations:

[Insert details]

Before a decision can be made to exempt you from this (these) requirement(s), further information is required, specifically: [explain]

Please send the requested information/documents to this office within thirty (30) days of the date of this letter. If you do not, the decision on your SCLPC application will be made based upon the information on your file. If the decision is to refuse your application, there is no authority to re-examine or reopen this decision. If, at that point, you wished to have any new information considered, you would have to submit a new application, including new fees.

If you require more than 30 days to submit the information/documents requested, please present your request for additional time in writing to this office and explain the reason for your request.

If your marital status or personal situation changes, please write to this office immediately or telephone the CIC Call Centre.

Please note if you leave Canada, there is no guarantee that you will be re-admitted so that you can continue with this application.

If you require clarification or additional information, visit the CIC web site at http://www.cic.gc.ca or telephone the CIC Call Centre: Anywhere in Canada (toll-free) 1-888-242-2100

The client number in the upper right corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number.


Appendix B – Preliminary/initial approval letter

This letter is to be used to inform applicants that they have met the eligibility requirements of the class (R124).

Note:  H&C consideration has been requested to overcome other requirements but the H&C factors have not yet been assessed. There is no need to request further information regarding the H&C request at this point.

This refers to your application for permanent residence from within Canada as a member of the Spouse or Common-law Partner in Canada class.

It has been determined that you meet the eligibility requirements to apply for permanent resident status as a member of the Spouse or Common-law Partner in Canada class. However, a final decision will not be made until all remaining requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for you and, if applicable, all of your family members, both in Canada and abroad, even if they are not applying to join you in Canada at this time. You cannot become a permanent resident until you and all your family members have met these requirements.

On [insert date], you requested an exemption in relation to the following requirement(s) of the Immigration and Refugee Protection Act/Regulations:

[Insert details]

Your particular circumstances will be examined to determine whether an exemption from the above-noted requirements is justified based on humanitarian and compassionate grounds.

If you are not already in possession of a valid work permit or you have a work permit but wish to work elsewhere, or do not possess a valid study permit and you wish to attend school for more than six months, you may apply for either or both.

If you wish to apply for a study permit, be sure to include a letter from the educational institution you plan to attend. The letter should outline the type of course or program you are registered for, the start date and the expected completion date.

Note: This positive eligibility assessment may qualify you for provincial health benefits. Your provincial Ministry of Health will determine if you are eligible.

If your marital status or personal situation changes, please write to this office immediately or telephone the Citizenship and Immigration (CIC) Call Centre.

Please note if you leave Canada, there is no guarantee that you will be re-admitted so that you can continue with this application

If you require clarification or additional information, visit the CIC web site at http://www.cic.gc.ca or telephone the CIC Call Centre: Anywhere in Canada (toll-free) 1-888-242-2100

The client number in the upper right corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number.


Appendix C – Request for further information relevant to H&C factors after eligibility requirements of the SCLPC class have been met

This letter will be used, where necessary, to provide applicants with an opportunity to clarify the information submitted with respect to the H&C factors of their case.

Note: These applicants have met the eligibility requirements of the SCLPC class.

If an interview is required, use Appendix D.

This refers to your application for permanent residence from within Canada as a member of the Spouse or Common-law Partner in Canada class (SCLPC).

On [insert date], a representative of the Minister of Citizenship and Immigration (CIC) determined that you met the eligibility requirements to apply for permanent residence in Canada as a member of the SPLPC class. However, you and, if applicable, all of your family members must also meet all remaining requirements for becoming a permanent resident in Canada. These requirements include medical, security and background checks for you and, if applicable, all of your family members, both in Canada and abroad, even if they are not applying to join you in Canada at this time.

On [insert date], you requested an exemption in relation to the following requirement(s) of the Immigration and Refugee Protection Act/Regulations:

[Insert details]

Before a decision can be made to exempt you from this (these) requirement(s), further information is required, specifically:

[Insert details]

Please send the requested information/documents to this office within thirty (30) days of the date of this letter. If you do not, the decision on your SCLPC application will be made based upon the information on your file. If the decision is to refuse your application, there is no authority to re-examine or reopen this decision. If, at that point, you wished to have any new information considered, you would have to submit a new application, including new fees.

If you require more than 30 days to submit the information/documents requested, please present your request for additional time in writing to this office and explain the reason for your request.

If you are not already in possession of a valid work permit or you have a work permit but wish to work elsewhere, or do not possess a valid study permit and you wish to attend school for more than six months, you may apply for either or both.

If you wish to apply for a study permit, be sure to include a letter from the educational institution you plan to attend. The letter should outline the type of course or program you are registered for, the start date and the expected completion date.

Note: This positive eligibility assessment may qualify you for provincial health benefits. Your provincial Ministry of Health will determine if you are eligible.

If your marital status or personal situation changes, please write to this office immediately or telephone the CIC Call Centre.

Please note if you leave Canada, there is no guarantee that you will be re-admitted so that you can continue with this application.

If you require clarification or additional information, visit the CIC web site at http://www.cic.gc.ca or telephone the CIC Call Centre: Anywhere in Canada (toll-free) 1-888-242-2100

The client number in the upper right corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number.


Appendix D –Letter to applicant: invitation to examination interview

This letter will be used, where necessary, to inform applicants of the SCLPC class, who have requested H&C consideration that an interview is required (CPC-Vegreville) or to invite applicants to an interview (CIC).

Note: These applicants may have already been given first stage eligibility approval.

This refers to your application for permanent residence from within Canada as a member of the Spouse or Common-law Partner in Canada (SCLPC) class.

[Insert the following paragraph in italics if first stage eligibility approval has been granted]

On [insert date], a representative of the Minister of Citizenship and Immigration determined that you met the eligibility requirements to apply for permanent residence in Canada as a member of the Spouse or Common-law Partner in Canada class. However, you and, if applicable, all of your family members must also meet all remaining requirements for becoming a permanent resident in Canada. These requirements include medical, security and background checks for you and, if applicable, all of your family members, both in Canada and abroad, even if they are not applying to join you in Canada at this time.

On [insert date], you requested an exemption in relation to the following requirement(s) of the Immigration and Refugee Protection Act/Regulations:

[Insert details]

[For the CPC-Vegreville]

Your application has been referred to the Canada Immigration Centre in [city/town]. You will be sent a letter by that office when they schedule your examination interview.

[For Canada Immigration Centers (CICs)]

An interview is required before a final determination on whether you meet the requirements of the SCLPC class can be made. An interview has been scheduled for you on [date and time] at the Canada Immigration Centre, [address].

  • If you cannot attend this interview, please provide a written explanation to this office immediately.
  • If you do not attend this interview, the decision on your SCLPC application will be made based upon the information on your file. If the decision is to refuse your application, there is no authority to re-examine or reopen this decision. If, at that point, you wished to have any new information considered, you would have to submit a new application, including new fees.
  • If you are currently in receipt of social assistance benefits, please provide a written explanation of your circumstances to this office as soon as possible.
  • Please ensure that your sponsor attends the interview with you as there may be a requirement to question them.
  • If you believe you will require the services of an interpreter, please note that it is your responsibility to hire/find an interpreter and ensure that they attend the interview with you.

[If applicable, insert the following section in italics]

Please bring with you:

  • A valid passport, identity or travel document (except in cases where the applicant  is asking for H&C consideration because he/she is unable to present a valid passport, identity or travel document);
  • The Right of Permanent Residence Fee (RPRF) (If not already submitted);
  • A photograph for each person in your family that is being processed for permanent residence in Canada. These photos must meet the specifications outlined in Appendix C of the Application Guide [IMM 5289].

If you require clarification or additional information, visit the CIC web site at http://www.cic.gc.ca or telephone the CIC Call Centre: Anywhere in Canada (toll-free) 1-888-242-2100

The client number in the upper right corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number.


Appendix E – Approval letter

This letter informs SCLPC applicants that they have met the eligibility requirements of the class and that an exemption from certain applicable requirements has been granted, based on H&C considerations.

This refers to your application for permanent residence from within Canada as a member of the Spouse or Common-law Partner in Canada class.

On [insert date], a representative of the Minister of Citizenship and Immigration determined that you met the eligibility requirements to apply for permanent residence in Canada as a member of the Spouse or Common-law Partner in Canada class.

On [insert date], a representative of the Minister of Citizenship and Immigration also granted an exemption from the following requirement(s) based on humanitarian and compassionate considerations:

[Insert specific requirement(s) from which the applicant was exempted.]

If you require clarification or additional information, visit the CIC web site at http://www.cic.gc.ca or telephone the CIC Call Centre: Anywhere in Canada (toll-free) 1-888-242-2100

The client number in the upper right corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number.


Appendix F – Sample letter: Negative decision – Spouse or Common-law Partner in Canada class

This letter informs applicants that their application for permanent resident status under the SCLPC class has been refused because an exemption from an inadmissibility or other applicable requirement, including the requirement to have temporary resident status, based on humanitarian and compassionate considerations, has not been granted.

This refers to your application for permanent resident status under the Spouse or Common-law Partner in Canada class.

In order to become a permanent resident under the Spouse or Common-law Partner in Canada class, you must comply with requirements as specified in the Immigration and Refugee Protection Regulations.

It has been determined that you do not meet the requirements to become a permanent resident in Canada as a member of the Spouse or Common-law Partner in Canada class in that you do not satisfy the following requirement:

[CHOOSE APPROPRIATE REFUSAL INSERT PARAGRAPH (AT APPENDIX E of IP 8)]

[Insert name(s)] has/have not presented evidence that they are able to comply with this requirement in that [insert details]

Since you requested humanitarian and compassionate consideration, your particular circumstances were examined to determine whether an exemption from the above-noted requirement(s) would be justified.

On [insert date], [if refusal was made by a delegated authority at National Headquarters, insert their name and title], a representative of the Minister of Citizenship and Immigration reviewed the circumstances of your request and formed the opinion that an exemption was not justified based on humanitarian and compassionated considerations related to you. As a result, your application for permanent residence as a member of the Spouse or Common-law Partner in Canada class is refused.

[Closing for applicants with legal immigration status]

Your temporary resident status expires on [insert date]. If you do not leave Canada on or before this date or if you do not apply for and receive an extension of your temporary resident status, you will be in Canada without legal status. This may result in enforcement action to remove you from Canada.

[Closing for applicants without legal immigration status]

You and your family members, if any, are presently in Canada without status. [Include instructions concerning departure and/or confirmation of departure, direction to inquiry, reporting for A44 report, etc.]

If you require clarification or additional information, visit the CIC web site at http://www.cic.gc.ca or telephone the CIC Call Centre: Anywhere in Canada (toll-free) 1-888-242-2100

The client number in the upper right corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number.


Appendix G – Sample letter: SCLPC application transferred to H&C queue

This letter communicates to applicants that they do not meet the specified eligibility requirements of the SCLPC class and that, since H&C consideration was requested with respect to eligibility requirements [R124(a) and R124(c)], their applications will be placed in the H&C queue and processed in accordance with existing procedures for in-Canada H&C applications.

This refers to your application for permanent residence from within Canada as a member of the Spouse or Common-law Partner in Canada class.

In order to become a permanent resident under the Spouse or Common-law Partner in Canada class, you must comply with the requirements specified in section 124 of the Immigration and Refugee Protection Regulations.

On [insert date], you requested an exemption, based on humanitarian and compassionate consideration, in relation to the following requirement:

[Select appropriate requirement]

  • to be the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada [R124(a)]; and/or
  • to be the subject of a sponsorship application [R124(c)].

As a result, you do not meet the eligibility requirements for membership in the spouse or common-law partner in Canada class. Since you have requested humanitarian and compassionate consideration, your application will be processed as an application for permanent residence from within Canada based on humanitarian and compassionate grounds.

Applications for permanent residence from within Canada based on humanitarian and compassionate considerations are processed in two steps. First, humanitarian and compassionate factors are assessed to decide whether to grant an exemption from certain legislative requirements to allow the processing of your application for permanent residence from within Canada.

The second step of the process is an assessment of your ability to meet all other statutory requirements of the Immigration and Refugee Protection Act, such as, medical, security and passport considerations and arrangements for your care and support.

If more information is required for the processing of your application, you will be sent a letter and asked to provide a reply within 30 days from the date the letter is sent to you.

Please also note that, since you are not being assessed as a member of the Spouse or Common-law Partner in Canada class, you will not automatically benefit from the regulatory exceptions specific to that class.

If your marital status or personal situation changes, please write to this office immediately or telephone the Citizenship and Immigration Canada (CIC) Call Centre.

Please note if you leave Canada, there is no guarantee that you will be re-admitted.

If you require clarification or additional information, visit the CIC web site at http://www.cic.gc.ca or telephone the CIC Call Centre: Anywhere in Canada (toll-free) 1-888-242-2100

The client number in the upper right corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number.


Appendix H – Sample letter: SCLPC application transferred to H&C queue after first-stage eligibility approval

This letter informs applicants that their applications will be placed in the H&C queue and processed in accordance with existing procedures for in-Canada H&C applications.

Note: The target audience of this letter is applicants who,after they were determined to have met the eligibility requirements of the class, request H&C consideration due to a change in circumstances related to the R124(a) and R124(c) eligibility requirements.

This letter refers to your application for permanent residence from within Canada as a member of the Spouse or Common-law Partner in Canada class.

On [insert date], a representative of the Minister of Citizenship and Immigration reviewed the circumstances of your request and determined that you met the eligibility requirements to apply for permanent resident status as a member of the Spouse or Common-law Partner in Canada class.

On [insert date], we received information from you/your representative/sponsor, which indicates that you no longer meet the following eligibility requirement to apply for permanent resident status as a member of the Spouse or Common-law Partner class:

[Select appropriate requirement]

  • the requirement to be the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada [R124(a)]; or
  • the requirement to be the subject of a sponsorship application [R124(c)].

Since you have requested H&C consideration, your application will be treated as an application for permanent residence from within Canada based on humanitarian and compassionate considerations. Please also note that, since you are not being assessed as a member of the Spouse or Common-law Partner in Canada class, you will not automatically benefit from the regulatory exceptions specific to that class.

Applications for permanent residence from within Canada based on humanitarian and compassionate considerations are processed in two steps. First, humanitarian and compassionate factors are assessed to decide whether to grant an exemption from certain legislative requirements to allow the processing of your application for permanent residence from within Canada.

The second step of the process is an assessment of your ability to meet all other statutory requirements of the Immigration and Refugee Protection Act, such as medical, security and passport considerations and arrangements for your care and support.

If more information is required for the processing of your application, you will be sent a letter and asked to provide a reply within 30 days from the date the letter is sent to you.

If you are not already in possession of a valid work permit or you have a work permit but wish to work elsewhere, or do not possess a valid study permit and you wish to attend school for more than six months, you may apply for either or both.

If you wish to apply for a study permit, be sure to include a letter from the educational institution you plan to attend. The letter should outline the type of course or program you are registered for, the start date and the expected completion date.

If your marital status or personal situation changes, please write to this office immediately or telephone the Citizenship and Immigration Canada (CIC) Call Centre.

If you require clarification or additional information, visit the CIC web site at http://www.cic.gc.ca or telephone the CIC Call Centre: Anywhere in Canada (toll-free) 1-888-242-2100

The client number in the upper right corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number.

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