Canada
Permanent Residence from Within Canada
Humanitarian & Compassionate Grounds
Humanitarian and compassionate (H&C) consideration is an exceptional pathway to permanent residence for people in Canada who would not otherwise qualify under an existing immigration class. Decided case-by-case under section 25(1) of the Immigration and Refugee Protection Act, it asks an officer to weigh your real-life circumstances — and it is entirely discretionary, with no guaranteed outcome.
01 What H&C Consideration Is
Section 25(1) of the Immigration and Refugee Protection Act (IRPA) allows foreign nationals in Canada who are inadmissible or who do not meet the requirements of an immigration class to ask Immigration, Refugees and Citizenship Canada (IRCC) for permanent residence, or for an exemption from a requirement of the Act, based on humanitarian and compassionate considerations.
H&C is described by IRCC as an exceptional measure — it is not simply another way to apply for permanent residence. Officers have broad discretion, and approval is never guaranteed.
Because each decision turns on a person's individual situation, there are no fixed pass/fail thresholds. Instead, an officer conducts a global, case-by-case assessment of the circumstances you present, taking into account the best interests of any child directly affected.
02 Who It's For
H&C consideration is intended for people whose situation is compelling enough to justify an exemption from the usual rules. It may be relevant if you:
- are physically in Canada and would not normally be eligible to become a permanent resident
- have built a meaningful life here and would face genuine hardship if required to leave
- have strong family ties in Canada, or are responsible for a child whose interests would be affected
- cannot reasonably resolve your status through an ordinary economic, family, or refugee pathway
The cost and inconvenience of leaving Canada to apply for permanent residence the usual way are not, on their own, sufficient H&C factors. You must show genuinely compelling reasons.
03 Factors Officers Weigh
IRCC assesses H&C applications holistically: factors are not judged in isolation but considered cumulatively. The elements officers commonly look at include:
Establishment in Canada
How settled you are — employment, studies, community involvement, time spent here, and ties you have built.
Best Interests of a Child
The best interests of any child directly affected by the decision are given significant, substantive weight.
Hardship if Returned
What could happen to you if the request is not granted — including personal vulnerability, health, and adverse conditions in your home country.
Family Ties to Canada
Your relationships and dependencies here, and what separation from family members would mean for you and for them.
Officers may also weigh health considerations and any other unique or exceptional circumstances you raise. The burden is on you to provide compelling evidence for the exemption you are requesting.
04 What H&C Does Not Consider
H&C is not a substitute for the refugee system. Under section 25(1.3) of IRPA, when examining a request made from inside Canada, an officer:
- may not consider the risk factors used to decide whether someone is a Convention refugee (section 96) or a person in need of protection (section 97) — such as a risk of persecution, torture, or cruel and unusual treatment
- must, however, consider the elements of hardship that affect you, even where the underlying facts overlap with risk
Protection-based risk is assessed through the refugee claim process and the Pre-Removal Risk Assessment (PRRA) — not through H&C. The same situation may be framed as hardship for H&C purposes; getting this distinction right matters, which is where licensed advice helps.
05 Limits, Bars & One Application Rule
Several statutory limits restrict who can have an H&C request examined and when:
- One at a time: a person may only have one H&C application under consideration at any given time
- Pending refugee claim: IRCC cannot examine an H&C request while you have a refugee claim pending before the Refugee Protection Division or Refugee Appeal Division
- The 12-month bar ("one-year bar"): generally you cannot apply if you received a negative IRB decision within the last 12 months
- Certain inadmissibilities excluded: H&C is not available to overcome the most serious inadmissibilities, such as security, human or international rights violations, or organized criminality
The 12-month bar does not apply if you have a child under 18 who would be adversely affected by your removal, or proof that you or a dependant has a life-threatening medical condition that cannot be treated in your home country. These rules are nuanced — confirm how they apply to you before relying on them.
06 How to Apply
An H&C application is built around the specific exemption you are asking for and the evidence that supports it. The general process is:
Confirm You Are Eligible to Apply
Check that no bar applies — no pending refugee claim, no recent negative IRB decision within the bar period, and no other H&C application already in progress.
Identify the Exemption(s) You Need
Clearly state the specific requirement of the Act you are asking to be exempted from, and the reasons why an exemption is justified on H&C grounds.
Build Your Evidence
Assemble documents that show establishment, family ties, the best interests of any affected child, and the hardship you would face — letters, records, and a detailed personal statement.
Complete the IRCC Forms & Pay the Fees
Prepare the application package and pay the applicable processing fees. Submit according to the current IRCC instructions for your situation.
Respond to Requests and Await a Decision
You may be asked for biometrics, a medical exam, or additional information. Because the decision is discretionary, processing can take time and the outcome is not guaranteed.
07 Fees & What to Expect
An H&C application carries the standard permanent-residence processing fee, plus the Right of Permanent Residence Fee (RPRF) that most applicants pay before becoming a permanent resident.
As of June 2026, IRCC's fee for a principal applicant under the humanitarian and compassionate / public policy category is CAD $660, and the Right of Permanent Residence Fee is CAD $600 (both increased on April 30, 2026). These amounts are set by IRCC and change periodically — confirm the current figures on the official IRCC fee list before paying.
Processing times for H&C applications vary considerably from case to case and are not fixed. A successful H&C decision can lead to permanent residence, but because the process is discretionary, no timeline or result can be promised.
This page is general information, not legal advice, and does not guarantee any outcome. For advice on your own situation, speak with a licensed professional and confirm the current rules with IRCC.
08 Frequently Asked Questions
Is H&C a guaranteed way to get permanent residence?+
No. H&C is an exceptional, discretionary measure under section 25(1) of IRPA. An officer assesses your circumstances case-by-case, and there is no guaranteed outcome. It is not meant as a routine alternative to the usual immigration pathways.
Can I apply for H&C while my refugee claim is pending?+
No. IRCC cannot examine an H&C request while you have a refugee claim pending before the Refugee Protection Division or the Refugee Appeal Division. There is also generally a 12-month bar after a negative IRB decision, with limited exceptions involving a directly affected child under 18 or a life-threatening medical condition.
Can I have more than one H&C application at the same time?+
No. A person is only allowed to have one H&C application under consideration at any time.
Does H&C consider the risk I would face in my home country?+
Not as "risk" in the refugee sense. Under section 25(1.3), an officer deciding an in-Canada H&C request may not consider the factors used for refugee protection (sections 96 and 97), but must consider the hardship those circumstances cause you. Protection-based risk is assessed through the refugee claim process or a Pre-Removal Risk Assessment instead.
What factors carry the most weight?+
There is no fixed formula. Officers look holistically at establishment in Canada, family ties, the hardship you would face if returned, and — significantly — the best interests of any child directly affected. Factors are weighed cumulatively rather than in isolation.
How much does an H&C application cost?+
As of June 2026, the IRCC processing fee for a principal applicant is CAD $660, plus a CAD $600 Right of Permanent Residence Fee generally paid before you become a permanent resident. Fees change over time, so always confirm the current amounts on the official IRCC fee list.
Talk to a Licensed Expert
Is H&C the right path for you?
Our licensed immigration consultants (RCICs regulated by the CICC) can help you assess whether H&C fits your situation, frame your circumstances accurately, and build a well-evidenced application.
