If you have been living in Canada on a temporary basis and find that it has become your home, applying for landed immigrant status on compassionate grounds could be your trump card. Mitchell Brownstein outlines who can expect to qualify.

However, there are certain exceptions.

There is a special exemption for domestic workers, known as live-in caregivers, who enter Canada on a special temporary work permit.

After working for two years in Canada, they may apply for landed immigrant status in Canada.

Similarly, refugees claiming political asylum from within Canada, may obtain their landed immigrant status without making an application at a visa office abroad.

Most relevant for Canada News readers is a third category.

This allows individuals to apply for landed immigrant status from within Canada based on a special section in the immigration regulations whereby, for reasons of public policy or for compassionate or humanitarian considerations, individuals may be granted landing from within Canada.

However, although the legislation provides for inland processing, landing will not readily be granted on this basis.

The most successful applications under this category are the inland spousal applications which enable an individual on temporary status in Canada to marry a Canadian citizen and, on humanitarian or compassionate grounds, to stay in Canada and receive landing without having to leave the country.

This is because it would be unreasonable or uncompassionate to separate the newly married couple.

In the spousal application it must be shown that the marriage is bona fide and not for the sole purpose of obtaining landed immigrant status in Canada.

The visa officer's assessment of the case is made on the balance of probability, and should he feel the marriage was entered into for immigration purposes, the application will be refused.

These cases are usually decided on the basis of an interview between the immigration officer and the applicant.

Both spouses are interviewed separably and may later respond to inconsistencies.

In many instances where children are involved, a refusal of a marriage case with a removal order has been prevented by requesting a "stay" as it is realised the removal of a parent from Canada, could constitute irreparable harm to young children.

It also takes into account the difficulties faced by a single parent catering for the children.

There is hope, too, should a marriage break down and the Canadian spouse withdraw sponsorship prior to an applicant receiving landing.

In these cases, processing will cease and the case will be reviewed on humanitarian and compassionate grounds.

The establishment of the applicant in Canada is then considered in determining whether the application should still be considered under this category.

Others who can take advantage of this category are those who have remained in canada illegally or without status and who are financially, socially and culturally well-established in Canada so that Canada is, in effect, now their real home.

Generally, applicants must prove at least five year's residence in Canada as well as other factors.

Relatives in Canada are a very important factor.

However, close family in the applicant's country of origin would be considered negatively.

Investment, savings and integration into the community are also variables that could be considered favourably.

Individuals on temporary employment authorizations for long periods of time may also apply for landed immigrant status from within Canada under this category.

This is not the case with respect to longterm student authorization holders, except in special circumstances.

It should be noted that acceptance under the humanitarian and compassionate grounds category is considered should "unusual, undeserved or disproportionate hardship" be suffered if the applicant was repatriated.

This is the case in situations of dependency on family in Canada as well as those where the applicant could be subject to inhumane treatment should he return to his country or origin.

In considering family dependency, economic conditions and support in an applicant's country of origin will be looked at.

Applicants in this case need not necessarily be refugees.

The situation of the country or likely hardship at the hands of the government may be considered.

But, in this case, a life-threatening situation must be proved, which is difficult to achieve.

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