Humanitarian and Compassionate (H&C) Applications for Permanent Residence in Canada

Canadian immigration law gives IRCC the power to make exceptions for humanitarian and compassionate reasons. An H&C application asks an officer to use that power to let you become a permanent resident even though you do not meet the normal rules, or to exempt you from a specific requirement.

It is meant for exceptional cases, not as a routine alternative to other programs. If you qualify under another class, such as spousal sponsorship, an economic program, or the protected persons class, IRCC's Guide 5291 says you should use that class instead.

You can generally apply if you are a foreign national living in Canada and you need an exemption from one or more requirements to become a permanent resident.

You usually cannot apply if:

• You have a refugee claim pending before the Immigration and Refugee Board.
• Your refugee claim was rejected or abandoned within the last 12 months. Exceptions apply if removal would directly harm children under 18, or if you have credible evidence of health-related risks on return.
• You already have another H&C application under consideration. Only one is allowed at a time.
• You are inadmissible for certain serious reasons, such as security, human rights violations, or organized crime.

People outside Canada ask for H&C consideration differently, usually as part of a permanent residence application under another class.

Officers weigh all the circumstances together. According to IRCC's guide, factors include:

Risk of persecution, torture, or threats to life is assessed in the refugee or pre-removal risk assessment process, not the H&C process. H&C looks at hardship more broadly.

H&C decisions happen in two stages:

1. Approval in principle. An officer decides whether the humanitarian and compassionate reasons justify an exemption.
2. Final permanent residence decision. If approved in principle, IRCC checks admissibility (medical, criminal, security) and other requirements before granting PR.

Processing is often slow, sometimes several years. Check the IRCC processing times tool. Fees include a processing fee and the right of permanent residence fee; see the IRCC fee list.

No. IRCC's guide is clear: filing an H&C application will not delay your removal from Canada, and you must leave on the date set. In limited cases, people ask the Federal Court for a stay of removal, which is a separate and urgent legal process.

If you have a removal order or have been told to report for removal, contact a lawyer immediately. See also restoration of status and temporary resident permits for other tools that may apply to your case.

• Tell your full story clearly. Explain why you are in Canada, why you cannot meet the normal requirements, and what would happen if you had to leave.
• Back up every claim with documents: employment letters, tax records, school reports, letters from community members, medical records.
• Address the children directly. If children are affected, explain their situation in detail; officers must consider their best interests.
• Be honest. Past immigration problems will be found. Explain them rather than hide them.
• Get professional help. H&C cases are complex and the stakes are high. Talk to a lawyer or licensed consultant (RCIC). Legal aid clinics in many provinces help people with low incomes. See how to verify a lawyer or consultant.