An application for permanent residence on humanitarian and compassionate grounds, usually called an H&C application, asks Immigration, Refugees and Citizenship Canada to grant permanent residence to someone who does not meet the requirements of any regular category. IRCC describes it as an exceptional measure, not another way to apply. This page explains who can use it, what an officer weighs, and what it does not do.
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What H&C consideration is
Section 25 of the Immigration and Refugee Protection Act lets the Minister grant permanent residence, or an exemption from a requirement of the Act, where humanitarian and compassionate considerations justify it. It is used by people living in Canada who are inadmissible or who do not fit an economic, family or refugee category, and who have built a life here that would be badly disrupted by having to leave.
IRCC’s own guide puts it this way: applying for H&C consideration is an exceptional measure, and it is not simply another means of applying for permanent resident status in Canada. Officers are not deciding whether you deserve to stay in the abstract. They are deciding whether your circumstances, taken together, justify an exception to the rules everyone else follows.
Who can apply, and who cannot
You may apply from inside Canada if you are a foreign national living here, you are not eligible under another category, and you need an exemption from one or more requirements of the Act. You cannot apply if you have a refugee claim that has not yet been decided, and you cannot have more than one H&C application waiting for a decision at the same time.
There is also a 12-month bar. If the Refugee Protection Division or the Refugee Appeal Division rejected your claim, or you abandoned or withdrew it, in the last 12 months, you generally cannot apply. The exceptions IRCC lists are where children under 18 would be directly and adversely affected by your removal, and where you would face a risk to life from a medical condition that is not treated in your home country.
What an officer weighs
The guide lists the kinds of factors that may be considered. None of them decides the application on its own, and there is no checklist that adds up to a yes.
Establishment in Canada
Work history, savings, housing, community involvement, language and the length of time here.
Best interests of any child
Every child directly affected, whether yours or not, and how removal would change their life.
Family ties and separation
Relatives in Canada, what depends on you here, and the consequences of separation.
Country conditions and health
What you would return to, including medical care, family violence considerations and hardship that others in your situation would not face.
The burden is on the applicant. An H&C application is a written case: a detailed personal statement, and documents that prove each thing the statement says. Weak files are usually not weak because the person’s situation is weak. They are weak because the situation was asserted rather than shown.
Evidence that carries an H&C file
Letters from employers, schools, faith communities and neighbours that say specific things. Pay records, tax returns and leases. School reports and medical letters for children. Country information from recognised sources. Proof of every family relationship claimed. Where a medical condition matters, a letter from the treating physician that explains the condition and the treatment, and evidence about its availability where you would be returned.
Organising this into a file an officer can follow is most of the work, and it is the part a regulated representative is for.
What an H&C application does not do
It does not give you status while it is pending. It does not stop removal: IRCC states that if you are under a removal order and submit an H&C application, the application will not delay your removal from Canada. And it is not a route to a work permit on its own, although a person whose application receives approval in principle may be able to apply for one at that stage.
If you have a removal date, or your status has expired, read immigration help inside Canada and speak with a licensed representative promptly. Timing decides which options are still open.
How the application proceeds
The application is submitted to IRCC with the forms, the personal statement, the supporting documents and the fees. If IRCC decides that H&C considerations justify an exemption, the applicant receives approval in principle and is then asked for medical examinations and background checks before permanent residence is finalised. Applicants in Quebec are also referred to the province. A refusal is explained in writing and can be the subject of a judicial review application at the Federal Court within the deadline set by law.
Based in Edmonton, working across Alberta
Imprint Immigration Services prepares H&C applications for people in Edmonton and across Alberta, and reviews files that were refused. Consultations are held in person and by video.
Working with an RCIC-IRB in Edmonton
Imprint Immigration Services is led by Shirani Jenita Daniel, a Regulated Canadian Immigration Consultant authorised to represent clients before Immigration, Refugees and Citizenship Canada and before the Immigration and Refugee Board. Her CICC licence number is R705794 and it can be checked on the CICC public register.
A consultation is a paid appointment where your situation is reviewed and the options that may apply are explained to you. It is a review, not a prediction. No representative can tell you what an officer will decide.
Consultations are held in Edmonton and remotely. Call (825) 435-1101 or book a consultation.
Common questions about H&C applications
- What is a humanitarian and compassionate application?
- An application for permanent residence, or for an exemption from a requirement of the Immigration and Refugee Protection Act, based on humanitarian and compassionate considerations under section 25 of the Act. IRCC describes it as an exceptional measure for people who do not fit a regular category.
- Can I apply for H&C if I have a refugee claim in progress?
- No. You cannot apply while a refugee claim is waiting for a decision, and there is generally a 12-month bar after a claim is rejected, abandoned or withdrawn. IRCC lists exceptions where children under 18 would be directly and adversely affected by removal, or where you face a risk to life from a medical condition not treated in your home country.
- Does an H&C application stop my removal from Canada?
- No. IRCC states that submitting an H&C application will not delay removal if you are under a removal order. Other processes may be relevant to a removal date, and they have their own deadlines, so speak with a licensed representative promptly.
- What are the best interests of the child in an H&C application?
- Officers must consider the best interests of any child directly affected by the decision, whether or not the child is the applicant’s own. Evidence about the child’s life in Canada, schooling, health and relationships, and what would change on removal, is a central part of the file.
- How long does an H&C application take?
- IRCC publishes its current processing time online and it changes. Check the live figure on canada.ca rather than relying on a number quoted elsewhere.
- What happens if my H&C application is refused?
- IRCC explains the reasons in writing. Depending on the reasons, the options can include a new application with stronger evidence, or an application for judicial review at the Federal Court within the deadline set by law. A consultation reviews the refusal letter against the file to identify what changed and what a further application would need.
This article is general information and is not immigration advice. Advice about your own situation comes from a consultation with Shirani Jenita Daniel, RCIC-IRB, CICC Licence R705794. Representation begins only once a retainer is signed.