Humanitarian and Compassionate (H&C) Applications in Canada

A humanitarian and compassionate application, usually shortened to H&C, asks for permanent residence as an exception: for a person in Canada who does not meet the ordinary requirements but whose circumstances justify relief. It is discretionary, it is decided case by case, and it depends almost entirely on evidence. Law Wise, based in Mississauga, prepares H&C applications and advises honestly on whether one is worth making.

What an H&C application is

Section 25 of the Immigration and Refugee Protection Act allows the Minister to grant permanent resident status, or an exemption from a requirement of the Act, where that is justified by humanitarian and compassionate considerations, taking into account the best interests of any child directly affected. A person in Canada can ask for this when applying for permanent residence, even if they are inadmissible or do not meet the requirements of the Act. The exception does not extend to people who are inadmissible on grounds of security, human or international rights violations, or organized criminality.

Immigration, Refugees and Citizenship Canada (IRCC) describes these cases as exceptional. Approval is never guaranteed.

What officers consider

IRCC’s guidance lists four things an officer looks at:

• how settled you are in Canada
• your family ties to Canada
• the best interests of any children involved
• what could happen to you if the request is refused

In practice, evidence under these headings can include:

• how long you have lived in Canada, and your work, study and tax history here
• family members in Canada who are citizens or permanent residents, and how you depend on one another
• children’s schooling, health, language and ties to their community
• volunteer work, community and religious involvement, and letters from people who know you
• savings, property and your ability to support yourself
• the hardship you would face on return, for example the loss of medical care or family support

What an H&C application cannot do

• It does not assess refugee risks. Persecution, risk to life and cruel and unusual treatment are not assessed in an H&C application. The officer must instead consider the hardships that affect the applicant.
• It does not stop removal. According to IRCC, applying does not prevent or delay removal from Canada. You must still leave on or before the date in a removal order, and the application continues to be processed.
• It cannot be appealed. There is no right of appeal from a refused H&C application. In some cases the Federal Court can be asked to review the decision.

Who cannot apply

Under section 25 of the Act, the Minister may not examine an H&C request if:

• you already have an H&C request pending
• you have a refugee claim pending before the Refugee Protection Division or the Refugee Appeal Division
• less than 12 months have passed since your refugee claim was rejected, withdrawn after evidence was heard, or abandoned, or since the Federal Court refused to review that decision

The 12-month bar has two exceptions. It does not apply where removal would expose the person to a risk to life because their country cannot provide adequate health or medical care, or where removal would have an adverse effect on the best interests of a child directly affected. A longer bar applies to designated foreign nationals. The processing fee must also be paid before the request is considered.

The best interests of a child

The Act requires the decision-maker to take into account the best interests of a child directly affected. That includes children in Canada, whether or not they are Canadian, and can include children abroad who depend on the applicant. Useful evidence includes school records, medical and counselling reports, letters from teachers, and a clear account of what the child would lose if the parent had to leave or the family had to move.

How an application is prepared

1. AssessmentWe review your immigration history, any bars to applying and the strength of your circumstances.
2. EvidenceDocuments are gathered under each heading the officer will consider.
3. SubmissionsA detailed letter explains your circumstances and why they justify an exception, with the evidence organised behind it.
4. Filing and follow-upThe application is filed with the forms and fees, and updated if your circumstances change before a decision.

How Law Wise helps with H&C applications

• an honest view of whether your circumstances are likely to justify an exception
• checking the bars to applying and the timing
• gathering and organising evidence of establishment, family ties and hardship
• preparing the written submissions
• advising on removal and on other options, such as a pre-removal risk assessment
• advising on Federal Court review if the application is refused

You are not required to use a representative, and no representative can promise a result. Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.

Common questions about H&C applications

This page is general legal information, current as of 10 October 2026. Immigration programs and instructions change often, so confirm the current rules on the Immigration, Refugees and Citizenship Canada (IRCC) website. This page is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.