Humanitarian and compassionate (H&C) applications
We did not confirm an open, paused or closed status on a government page on this date. Check IRCC before you apply. Last looked at November 9, 2026: IRCC’s page.
A humanitarian and compassionate (H&C) application asks the Minister to grant permanent residence, or an exemption from a requirement of the Act, because of humanitarian circumstances — such as establishment in Canada, family ties or hardship — taking into account the best interests of any child directly affected.
Who is eligible
- You apply for permanent residence (from inside or outside Canada) and ask for an exemption on H&C grounds (IRPA s 25(1)).
- Not available if you are inadmissible for security, human or international rights violations, sanctions or organized criminality (IRPA s 25(1)).
- Not while a refugee claim is pending at the IRB, and generally not within 12 months of a rejected claim (IRPA s 25(1.2)).
- Only one H&C request can be pending at a time, and the fee must be paid (IRPA s 25(1.1), s 25(1.2)(a)).
Steps
- Gather evidence of your establishment, family ties, hardship and children’s interests.
- Apply with the permanent-residence forms and written submissions.
Documents you’ll usually need
- Written submissions.
- Evidence of establishment (work, community, taxes).
- Evidence of hardship and children’s interests.
What the law says
“justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected”
The Minister’s H&C power.
“the foreign national has made a claim for refugee protection that is pending before the Refugee Protection Division or the Refugee Appeal Division”
When the Minister may not examine an H&C request.
Official IRCC pages
Program rules not written in the statute, plus current fees and processing times, are on IRCC’s own pages:
- IRCC: immigrate to Canada (all programs, with paused/closed list)
- IRCC fee list (current fees)
- IRCC processing times (live)
Common mistakes
- Filing H&C while a refugee claim is still pending at the IRB.
- Arguing risk alone — H&C weighs hardship and establishment, not the refugee tests.
Frequently asked questions
Can I apply on H&C grounds while my refugee claim is pending?
No — the Minister may not examine the request while the claim is pending before the RPD or RAD (IRPA s 25(1.2)(b)).
Policy analysis
- Canada’s 2027–2029 Immigration Levels Plan: what changed, and what it means if you’re already here
The 2027–2029 plan holds permanent admissions at 380,000 a year and new temporary arrivals at 370,000, and adds a one-time 2027 measure for up to 200,000 people already in Canada.
Related streams
- Refugee claims in Canada Check IRCC
Who is a refugee or person in need of protection, how a claim is made, and when it is ineligible.
- Pre-removal risk assessment (PRRA) Check IRCC
An application for protection by someone facing removal, and the waiting periods that limit it.
- Inadmissibility and record suspensions Check IRCC
The grounds that make someone inadmissible, and how rehabilitation or a record suspension can help.