By Omar AlSaadi, Articling Student, Lewis & Associates LLP
For many people, the usual paths of immigration to Canada simply do not fit. A refugee claim may have been refused, a work permit may have expired years ago, or a family may have built a whole life in Canada without ever qualifying for an economic or family class. For these people, an application on humanitarian and compassionate (H&C) grounds may be the only route to permanent residence.
H&C applications are also among the most misunderstood applications in Canadian immigration law. They are discretionary, there is no checklist that guarantees approval, and an applicant who files too early or with weak evidence can lose valuable time. This guide explains what officers actually weigh, who is barred from applying, how the process works in 2026, and what to do if an application is refused. It is based on section 25 of the Immigration and Refugee Protection Act (IRPA), its Regulations and IRCC’s own instructions to officers.
Humanitarian & Compassionate Grounds
H&C Applications at a Glance
An exceptional route to permanent residence when the normal rules do not fit.
A request to IRCC to grant permanent residence, or an exemption from a requirement of the law, because humanitarian and compassionate considerations justify it.
Foreign nationals in Canada who do not qualify under any other in-Canada immigration class.
Establishment, ties to Canada, best interests of children, hardship, country conditions, health and any other relevant factor, all together.
Usually no H&C within 12 months after a refugee claim is rejected, withdrawn or abandoned.
Exceptions: children directly affected, or risk to life from inadequate medical care.
What Is an H&C Application?
Section 25(1) of IRPA requires the Minister to examine a request from a foreign national in Canada who applies for permanent residence but is inadmissible or does not meet the requirements of the Act. The Minister may grant permanent residence, or an exemption from any applicable criteria or obligations, if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations, taking into account the best interests of a child directly affected.
In practice, most in-Canada applicants are asking for one main exemption: the requirement to apply for permanent residence from outside Canada. Many also need exemptions from other requirements, for example being out of status or having worked without authorization. IRCC’s application guide (IMM 5291) describes the process as an “exceptional measure” and makes clear that the ordinary cost and inconvenience of leaving Canada are not, by themselves, enough.
The Kanthasamy approach: no single “hardship test”
For years, officers asked whether an applicant would face “unusual and undeserved or disproportionate hardship”. In Kanthasamy v. Canada, 2015 SCC 61, the Supreme Court of Canada held that those words are descriptive, not a separate threshold. The question is whether, considering all the evidence, the circumstances would move a reasonable person to want to relieve the applicant’s misfortune. IRCC’s instructions now state that there has been no hardship “test” since December 10, 2015, and that officers must make a global assessment of all relevant factors rather than looking at each one in isolation.
This matters for how an application is written. A strong H&C submission does not simply list factors. It tells a coherent story in which establishment, family, children, health and country conditions point in the same direction, and it explains why the applicant’s circumstances call for relief.
Who Can Apply, and Who Cannot
According to IRCC, you may use the in-Canada H&C application if you live in Canada as a foreign national, need an exemption to apply for permanent residence from within Canada, and are not eligible under any other in-Canada class. If your spouse or common-law partner is a Canadian citizen or permanent resident, IRCC points you first to sponsorship in the spouse or common-law partner in Canada class. Our spousal sponsorship guide explains that route.
The law also sets firm bars. If one applies, IRCC will not examine the request at all, and the fees and preparation are wasted.
| You cannot apply if… | Legal basis and notes |
|---|---|
| You already have an H&C request pending | IRPA s. 25(1.2)(a). One application at a time. |
| Your refugee claim is pending before the RPD or RAD | IRPA s. 25(1.2)(b). Wait for the decision, then consider the 12-month bar. |
| Your claim was found ineligible and your protection application (PRRA) is pending | IRPA s. 25(1.2)(b.1). |
| Less than 12 months have passed since your refugee claim was rejected, withdrawn or abandoned | IRPA s. 25(1.2)(c), subject to the exceptions in s. 25(1.21) explained below. |
| You are a designated foreign national | IRPA s. 25(1.01). Generally barred for five years after the final decision or designation. |
| You are inadmissible for security, human or international rights violations, sanctions or organized criminality | IRPA s. 25(1) excludes inadmissibility under ss. 34, 35, 35.1 and 37. H&C cannot overcome these grounds. |
| You are already a Canadian citizen or permanent resident | IRCC Guide 5291. |
The 12-Month Bar After a Refugee Claim
The bar that affects the most people is the 12-month bar in section 25(1.2)(c). If the Refugee Protection Division or the Refugee Appeal Division rejected your claim, or your claim was declared withdrawn or abandoned, you generally cannot file an H&C application until 12 months after that last decision. IRCC’s guide explains that a claim withdrawn before the IRB hearing does not trigger the bar.
Section 25(1.21) creates two exceptions. The bar does not apply if:
- Removal would adversely affect the best interests of a child directly affected. IRCC expects credible, objective evidence of that impact on a child under 18.
- Removal would put the applicant’s life at risk because the home country cannot provide adequate health or medical care.
Many people facing the bar are also dealing with appeals, judicial review and a possible Pre-Removal Risk Assessment. Our guide to what to do when a refugee claim is refused explains how H&C fits with the RAD, the Federal Court and the PRRA, and why timing across all of these steps matters.
What H&C Officers Actually Weigh
IRCC’s instructions to officers list a non-exhaustive set of factors. Applicants can rely on any relevant circumstance, and officers may also consider information the applicant did not submit, such as immigration history and criminal records.
The Global Assessment
What H&C Officers Weigh
No single factor decides the case. Officers balance positive and negative factors together.
1. Establishment in Canada
Establishment is often the backbone of an in-Canada application. According to IRCC’s establishment guidance, officers look at:
- how long you have been in Canada and why you remained;
- a record of steady employment and sound financial management;
- stable residence in a community rather than frequent moves;
- community involvement, volunteering and other activities;
- professional, language or other studies that show integration; and
- a clean criminal record for you and your family.
There is no minimum number of years. IRCC notes that a significant degree of establishment usually takes several years, but also that some establishment is not necessarily enough to justify relief. The reason you stayed matters: time spent waiting for decisions while you had status, or living under a suspension of removals to your country, is viewed very differently from time spent avoiding removal. Going “underground” or refusing to help obtain a passport can be treated as a strong negative factor.
2. Best interests of the child
The best interests of a child directly affected must be taken into account in every case where they arise. IRCC’s best interests of the child guidance applies this to children under 18 when the application is received, whether they are Canadian citizens or not, and whether they live in Canada or abroad. Officers must be “alert, alive and sensitive” to the child’s interests and consider, among other things:
- the child’s age and dependency on the applicant;
- the child’s establishment in Canada, schooling and friendships;
- links to the other country and conditions there, including gender-related issues;
- medical issues or special needs; and
- the child’s own views.
The best interests of a child are a very important factor, but they do not automatically decide the case. They are weighed with everything else. The applicant must also make clear that the application relies on them and support it with evidence such as school records, letters from teachers and, where appropriate, expert reports.
3. Hardship and conditions in the home country
Officers must consider adverse country conditions such as war, natural disasters, mistreatment of minorities, political instability, lack of employment and widespread violence. IRCC’s hardship guidance also recognizes that discrimination can be inferred from membership in a group that is discriminated against, even if the applicant was not personally targeted, and directs officers to consider whether redress or relocation within the country is realistically available.
There is an important limit. Under section 25(1.3), an officer deciding an in-Canada H&C application cannot assess refugee-type risk under sections 96 and 97. That is the job of the IRB and the PRRA. The officer must still consider hardship, and the facts behind the feared risk can be relevant to it. Submissions should therefore be framed in terms of hardship rather than simply repeating a refused refugee claim.
4. Health and access to medical care
Serious medical conditions can weigh heavily, especially where treatment is unavailable, unaffordable or substandard in the home country. IRCC expects two kinds of evidence: documents from the applicant’s doctors confirming the diagnosis, the treatment needed and why it is vital, and evidence that acceptable treatment is not available in the country of origin. Mental health, including trauma and its impact on return, can also be part of this analysis.
5. Family violence and separation from family
IRCC lists family violence and the consequences of separating relatives as separate factors. A person who fled an abusive relationship, or whose removal would separate them from a partner, parent or child in Canada, should document those circumstances carefully, for example with police and shelter records, counselling letters and evidence of the family relationship.
6. Inability to leave Canada
When a person could not leave Canada for reasons beyond their control, for example because of a temporary suspension or administrative deferral of removals to their country, the time spent in Canada and the establishment built during it may deserve positive weight. IRCC instructs officers to consider an administrative deferral or suspension of removals even if the applicant does not raise it, although it does not guarantee approval.
7. Negative factors
A global assessment works in both directions. Officers may weigh a poor immigration history, working without authorization, criminality, misrepresentation, and failure to cooperate with removal or document requests against the applicant. These issues are not always fatal, but they should be addressed directly and honestly in the submissions rather than left for the officer to find.
Building Your Evidence
IRCC’s instructions repeat one point throughout: the onus is on the applicant. Officers are not required to search for evidence that helps you. They decide on what is in the file, and an unsupported statement in a personal declaration carries little weight.
Build the File
H&C Evidence Checklist
The onus is on the applicant. Officers decide on what is in the file.
- A detailed personal statement explaining your history, your life in Canada and what removal would mean for you
- Proof of time in Canada and immigration history (permits, IRB and IRCC decisions)
- Employment records, tax returns (Notices of Assessment), pay stubs and bank statements
- Lease or property records showing a stable residence
- Letters from employers, community, faith and volunteer organizations
- School records, report cards and letters about each child under 18
- Medical records and doctors’ letters, plus evidence that treatment is not available or accessible in your country
- Recent, reliable country condition reports that relate to your profile
- Psychological assessments where trauma or mental health is part of the case
- Police certificates and, if relevant, evidence of rehabilitation
The submissions that tie the evidence together are as important as the documents themselves. In our experience, the most persuasive files explain the applicant’s story clearly, link each factor to specific evidence, deal openly with any negative history, and show how the factors work together in a global assessment.
How to Apply: Forms, Fees and Portal
In-Canada H&C applications are submitted online through IRCC’s Permanent Residence Online Application Portal. Paper or alternate formats are available only for applicants who cannot apply online and need an accommodation, for example because of a disability. IRCC returns incomplete applications.
The core forms are the Generic Application Form (IMM 0008), Schedule A Background/Declaration (IMM 5669) and Additional Family Information (IMM 5406), completed online, plus the Document Checklist (IMM 5280) and the Supplementary Information form for H&C considerations (IMM 5283). Other forms, such as the Statutory Declaration of Common-law Union (IMM 5409) and Use of a Representative (IMM 5476), are needed only where they apply.
| Fee item | Amount (CAD) |
|---|---|
| Principal applicant, including right of permanent residence fee | $1,260 |
| Principal applicant, without right of permanent residence fee | $660 |
| Spouse or partner, including right of permanent residence fee | $1,260 |
| Spouse or partner, without right of permanent residence fee | $660 |
| Each dependent child | $180 |
| Right of permanent residence fee (if paid separately) | $600 |
| Biometrics | $85 per person; $170 maximum per family |
Some people, including dependent children and protected persons, are exempt from the right of permanent residence fee. IRCC recommends paying that fee up front, because it must be paid before permanent residence is granted.
What Happens After You Apply
From Filing to PR
The Two-Stage H&C Process
A positive first stage is a major milestone, but it is not yet permanent residence.
- 1Prepare submissions and evidence; check the 12-month bar and other bars
- 2Apply online through the Permanent Residence Portal and pay the fees
- 3Biometrics and any requests for more information
- 4Stage 1: officer decides whether to grant the H&C exemption (“approval in principle”)
- 5After approval in principle: possible work permit and stay of removal
- 6Stage 2: medical exam, security and criminality checks
- 7Final decision and confirmation of permanent residence
Stage 1: approval in principle
At the first stage, the officer decides whether humanitarian and compassionate considerations justify the exemption requested. A positive stage 1 decision is often called approval in principle. The officer may send a request for more information or invite the applicant to an interview, and applicants must report any new information, such as a birth, marriage, new job or medical change, while the file is open.
Work permit and stay of removal after approval in principle
Once the Minister grants the H&C exemption, section 207(d) of the Regulations allows a work permit to be issued to the applicant, and section 207(e) extends this to family members. Under section 233 of the Regulations, a removal order against the applicant and their family members is stayed once the Minister is of the opinion that H&C considerations justify it, until a final decision is made on permanent residence.
Stage 2: admissibility and permanent residence
At the second stage, IRCC checks admissibility, including medical, security and criminality, before granting permanent residence. Processing times change often, so rely on IRCC’s official processing times tool rather than estimates published elsewhere.
An H&C application does not stop removal on its own
This is the single most important practical point. IRCC states plainly that a pending H&C application will not delay removal. Until stage 1 is approved, a person facing removal may need to ask the Canada Border Services Agency to defer removal and, if that is refused, bring an urgent motion to the Federal Court. Our page on stays of deportation and removal explains how these requests work.
If Your H&C Application Is Refused
A refusal is not always the end of the road, but the options and deadlines are different from other refusals.
| Option | Key points |
|---|---|
| Request reconsideration | Discretionary and only in exceptional circumstances, for example new material evidence or a procedural fairness error. No fixed deadline, but delay weighs against you. See IRCC’s reconsideration guidance. |
| Judicial review in the Federal Court | Application for leave and judicial review within 15 days for a decision made in Canada (IRPA s. 72). The Court can send the case back for a new decision but cannot grant permanent residence itself. |
| New H&C application | Possible once no other application is pending. Useful when circumstances have changed or the first file was weak, but it does not stop removal. |
| Stay of removal | If removal is scheduled, a deferral request to CBSA and, if needed, a Federal Court stay motion, usually tied to a pending judicial review. |
Judicial review deadlines are short and the Court reviews the officer’s reasons rather than hearing the case again. Our article on what to do when a visa or application is refused explains reconsideration and Federal Court review in more detail.
H&C Compared with Other Options
| Route | Best suited for | What is assessed |
|---|---|---|
| H&C application | People established in Canada with no other path to permanent residence | Global assessment of humanitarian factors; refugee risk itself is not decided |
| Refugee claim | People who fear persecution or serious harm in their country | Risk under IRPA ss. 96 and 97, decided by the IRB |
| PRRA | People facing removal with new evidence of risk | Risk on return, decided by IRCC before removal |
| Spousal sponsorship in Canada | Spouses or partners of Canadian citizens and permanent residents | A genuine relationship and admissibility |
| Economic programs | Workers and graduates who meet the selection criteria | Skills, experience, language and program rules |
Common Mistakes to Avoid
- Filing during the 12-month bar without a clear basis for an exception. The application will not be examined.
- Assuming an H&C application stops removal. It does not until stage 1 is approved.
- Repeating a refused refugee claim instead of explaining hardship. Officers cannot reassess refugee risk.
- Relying on time in Canada alone. Officers look at what you did with that time and why you stayed.
- Mentioning children without evidence of how removal would affect them.
- Submitting medical evidence that does not address treatment in the home country.
- Hiding negative history. Officers will see it in IRCC and CBSA records; addressing it openly is usually better.
- Not updating IRCC about new children, marriages, jobs or medical changes while the file is open.
How Lewis & Associates Can Help
Lewis & Associates LLP has helped refugee claimants and long-term residents of Canada for more than 30 years. Our H&C applications practice prepares written submissions and evidence, assesses timing against the 12-month bar and other bars, and coordinates H&C applications with RAD appeals, PRRA applications, Federal Court proceedings and stays of removal. Because H&C decisions are discretionary, the quality of the file often decides the outcome, and working with an experienced Canada immigration lawyer helps you present the strongest possible case.
If you are thinking about an H&C application, or you have been refused, contact us as early as possible. You can book a consultation, meet our lawyers, or contact our office.
Frequently Asked Questions
What is an H&C application in Canada?
It is a request under section 25(1) of the Immigration and Refugee Protection Act for permanent residence, or for an exemption from a legal requirement, because humanitarian and compassionate considerations justify it. It is an exceptional, discretionary remedy for people who do not fit another immigration class.
Who can apply for H&C from inside Canada?
Foreign nationals living in Canada who need an exemption to apply for permanent residence from within Canada and who are not eligible under another in-Canada class. You cannot apply while you have a pending refugee claim, another pending H&C application, or in most cases within 12 months after your refugee claim was rejected, withdrawn or abandoned.
Can I apply for H&C after my refugee claim is refused?
Usually not for 12 months after the last decision of the Refugee Protection Division or Refugee Appeal Division. The bar does not apply if removal would adversely affect the best interests of a child directly affected, or if you would face a risk to life because adequate health or medical care is not available in your country.
How much does an H&C application cost?
IRCC’s fee list currently shows $1,260 for the principal applicant including the $600 right of permanent residence fee ($660 without it), the same for an included spouse or partner, $180 per dependent child, and biometrics of $85 per person or $170 per family. Always check the official fee list before paying, because fees change.
Does an H&C application stop my deportation?
Not on its own. IRCC states that a pending H&C application will not delay removal. A stay of removal can arise once the H&C exemption is granted at the first stage, and before that a deferral request or a Federal Court stay motion may be possible.
Can I work while my H&C application is in process?
There is no work permit simply for filing. Once IRCC grants the H&C exemption at the first stage (approval in principle), the Regulations allow a work permit to be issued, and family members may also qualify.
How long does an H&C application take?
Processing times vary and are often long. Check IRCC’s official processing times tool for the current estimate rather than relying on figures published elsewhere.
How much time in Canada do I need for H&C?
There is no minimum. IRCC’s guidance notes that significant establishment usually takes several years, but time alone is not enough. Officers look at what you did with that time and why you remained in Canada.
Can I raise risk of persecution in an H&C application?
Officers cannot decide refugee risk under sections 96 and 97 in an in-Canada H&C application. They must, however, consider the hardship you would face, and the facts behind a feared risk can still be relevant to hardship and country conditions.
What can I do if my H&C application is refused?
Options include asking the officer to reconsider in exceptional circumstances, applying to the Federal Court for leave and judicial review within 15 days, or preparing a new, stronger application. If removal is near, a stay of removal may also need to be sought.
This article provides general information about Canadian immigration law as of October 2026 and is not legal advice. Every case depends on its own facts. Laws, fees and procedures change; check the official IRCC guide and speak with a lawyer before making a decision.
