Permanent Residence

Humanitarian and Compassionate Considerations (H&C)

If you are living in Canada but do not qualify for permanent residence through another in-Canada class, exceptional personal circumstances may support a request for humanitarian and compassionate consideration. H&C is a discretionary process that may allow IRCC to exempt you from certain immigration requirements and grant permanent residence.

01 What Are H&C Considerations?

Humanitarian and compassionate consideration is an exceptional, case-by-case process. It allows a foreign national to ask IRCC for permanent residence, or for an exemption from certain immigration requirements, where the person’s circumstances justify special relief.

It is not a regular immigration program or a substitute for another class for which you qualify. Cost and inconvenience alone are not enough. The applicant must identify the exemption requested and provide compelling reasons and evidence supporting the request.

An H&C application does not give you temporary resident status, authorize you to work, or automatically stop removal from Canada.

02 Who May Apply?

The in-Canada H&C application is generally for a foreign national living in Canada who needs an exemption from one or more immigration requirements and does not qualify to apply for permanent residence from within Canada through another class.

Exceptional relief

H&C may be relevant where you are living in Canada, cannot qualify under another in-Canada permanent residence class, and need an exemption because your personal circumstances are compelling.

Use the applicable immigration class

If you qualify to apply from within Canada through the Spouse or Common-Law Partner, economic, protected person, or temporary resident permit holder class, IRCC’s guide directs you to use that class rather than the H&C application.

A different legal test

Claims based on persecution, torture, danger to life, or cruel and unusual treatment belong in Canada’s refugee protection system. In an H&C request from within Canada, IRCC cannot assess the refugee-protection factors themselves, although it must consider related hardship.

03 What Factors May IRCC Consider?

IRCC considers the circumstances as a whole. No single factor guarantees approval, and the applicant is responsible for providing the facts and documents they want considered.

Establishment in Canada

IRCC may consider how established you are in Canada, including circumstances that affected your ability to leave.

04 What Restrictions Apply?

You cannot have more than one H&C application under consideration at the same time. Other restrictions depend on your immigration and refugee history.

Pending or Recent Refugee Claims

You cannot make an H&C application while a refugee claim is pending. A 12-month bar generally applies after a refugee claim is rejected, abandoned, or withdrawn after the hearing has begun. The bar does not apply where removal would adversely affect the best interests of a child directly affected, or where inadequate medical care would expose the applicant or an affected dependant to a risk to life.

Designated Foreign Nationals

A person formally designated as a designated foreign national is generally barred from applying for H&C consideration for five years. The date the period begins can depend on the designation and any final decision on a refugee claim or pre-removal risk assessment.

Certain Inadmissibility Grounds

H&C relief cannot overcome inadmissibility for security grounds, human or international rights violations, sanctions, or organized criminality. Other inadmissibility issues may be raised in an H&C request, but exemptions are discretionary and exceptional.

05 How to Apply

Most applications are submitted through the Permanent Residence Portal. The application must explain the exemption requested and provide evidence for every material statement.

Confirm H&C is the correct process

Review whether another permanent residence class or the refugee protection process applies, and confirm that no statutory bar prevents an H&C request.

If you are under a removal order, filing an H&C application does not stop or delay removal. IRCC may continue processing after you leave Canada.

06 Frequently Asked Questions

Do I need valid immigration status to apply?+

Not necessarily. The in-Canada H&C process can be available to a foreign national without valid temporary status, but the application itself does not restore status or protect you from enforcement.

Can I apply while my refugee claim is pending?+

No. You cannot have a pending refugee claim and an H&C application at the same time. Withdrawing a claim can have serious consequences and may also trigger a bar, so obtain advice before taking that step.

Does applying stop my removal from Canada?+

No. An H&C application does not automatically stop or delay removal, and you must comply with a removal order unless another legal process results in a stay.

Can family members be included?+

A spouse or common-law partner and dependent children living in Canada may be included for concurrent processing. Family members outside Canada cannot be processed concurrently, but all family members must still be declared and examined as required.

Can I appeal if the application is refused?+

There is no appeal to the Immigration Appeal Division from an H&C refusal. Depending on the circumstances, you may ask the Federal Court to review the decision, and strict deadlines apply.

Talk to a Licensed Expert

Need help presenting an exceptional case?

Our licensed team can assess whether H&C consideration may be relevant, identify the issues that need to be addressed, and help organize a clear, evidence-based application.

Book a Consultation Free Assessment