Humanitarian and Compassionate (H&C) applications are another special means to permanent residence for individuals who may not qualify under other immigration programs but who face compelling personal circumstances. This is Canada’s commitment to fairness and compassion in its immigration system. While the process is highly discretionary, it offers relief to those whose situations warrant special consideration, and such exemptions are not granted lightly. The H&C provisions of the IRPA are intended to be an exceptional measure and not a distinct pathway to residence in Canada. It is meant for cases in which enforcing the rules would cause undue hardship or would be unfair in the specific situation.
What Humanitarian and Compassionate Applications Are
An H&C application is a request to Immigration, Refugees and Citizenship Canada (IRCC) to grant permanent residence despite not meeting the usual requirements of other programs. It is available to people already living in Canada who would face unusual, undeserved, or disproportionate hardship if required to leave.
This pathway is distinct from refugee claims. Refugee protection focuses on risk of persecution or harm, while H&C applications are grounded in personal circumstances, ties to Canada, or the best interests of children.
Factors Considered by IRCC
IRCC assesses H&C applications by examining the full context of an applicant’s situation. Key considerations include:
- Establishment in Canada: length of time in the country, employment history, community involvement, and social ties.
- Hardship upon return: medical, cultural, economic, or social conditions the applicant would face if removed.
- Best interests of children: the potential impact on children directly affected by the decision, whether Canadian-born or not. If the removal would directly harm children, their welfare must weigh heavily in the assessment.
Compelling humanitarian grounds: factors unique to the applicant’s life and experience, such as family violence, medical conditions not treatable at home, or strong family support in Canada. This emphasizes the discretionary nature of this application process.
Disclosure and consistency: The evidence must be presented fully, consistently, and credibly. Late evidence may be rejected.
Each case is assessed individually. No single factor guarantees success, and applicants carry the burden of proving the strength of their claim. The decision is made based on the totality of circumstances.
Note: The cost and inconvenience of returning to one’s home country to apply for permanent residence are not sufficient factors for H&C considerations
Who May Apply and Who Is Excluded
Eligible Applicants
The IRCC Guide 5291 indicates that H&C applications may be submitted within Canada by foreign nationals who:
- require one or more exemptions from IRPA or regulatory requirements to apply for permanent residence;
- are ineligible under any other immigration class (economic, family, refugee, or protected persons); and currently reside in Canada.
- One applicant may only have one H&C application under consideration at a time.
Excluded Applicants and Bars
Some categories face bars or restrictions:
- Individuals who have submitted a refugee claim and it remains unresolved cannot file H&C until the claim is resolved.
- Applications filed within 12 months after a refused or withdrawn refugee claim are generally barred (“12-month bar”), unless there is strong evidence to justify an exception (for example, a child directly affected or a risk to life)
- Persons categorized as designated foreign nationals may be barred from applying for five years.
- Applicants with serious inadmissibility issues (security, human rights violations, organized criminality) generally cannot use H&C to overcome those.
IRCC’s public policy states that H&C cannot override the most serious forms of inadmissibility.
The Application Process
Applicants must submit detailed forms and provide supporting documents that establish their circumstances. Evidence can include proof of community involvement, letters of support, employment records, medical reports, and documentation of family ties.
The application is paper-based and must be filed within Canada. Processing times are lengthy, often exceeding two years, because of the complexity of individual cases. During this time, applicants may be able to request a work permit to remain employed while awaiting a decision, provided they have received an approval in principle.
Strategic and Practical Considerations
Legal Status and Removal Orders
Filing an H&C application does not automatically prevent removal if a removal order exists. CBSA can continue removal proceedings independently.
Applicants should maintain or renew their temporary status (work permit, study permit, visitor status) during the process.
Timing and Priority Cases
Processing times are often lengthy and demand high attention to detail. Some categories may receive priority, for example, cases involving family violence may be processed more rapidly under the “FV – In Canada – Humanitarian and Compassionate considerations” stream.
Coordination with Other Pathways
If a refugee claim is active or was recently refused, H&C may not be available until certain bars (such as the 12-month bar) expire unless exceptional grounds exist. In some cases, H&C may be requested as part of another immigration application. IRCC’s transparency binder confirms that H&C may be requested in tandem with other pathways or on the Minister’s initiative in exceptional situations.
Risk of Refusal and No Appeal
H&C applications are discretionary. A refusal is final; there is no appeal. If refused, the only option is often judicial review. Because there is no appeal, precision and strength in the initial application are vital.
Benefits and Challenges
The greatest benefit of H&C applications lies in their flexibility. They recognize that rigid rules cannot account for every human circumstance. For many, this is the only possible path to permanent residence when other programs are unavailable.
Yet the challenges are significant. Success rates are not high, reflecting the narrow and exceptional purpose of this option. The process requires substantial documentation, clear evidence of hardship, and a persuasive explanation of why the applicant’s situation deserves relief. Long processing times and uncertainty make the process demanding both emotionally and financially.
Professional Support
Because H&C applications depend on discretion, legal guidance can be decisive. A lawyer can help identify the strongest grounds for the application, organize evidence, and present arguments in a structured, persuasive manner. Professional support can also clarify whether H&C is the right path or whether other programs may offer better chances.
Conclusion
Compassionate applications embody Canada’s recognition that immigration law must balance rules with compassion. They are demanding, uncertain, and slow, yet they exist to address exceptional human realities. Applicants should understand that H&C is a measure of last resort. It is not intended for those who simply do not meet the criteria of other immigration programs. Before applying, individuals should confirm that no applicable alternative exists, such as family sponsorship or economic immigration. Preparation is critical. Strong supporting evidence, consistent records, and credible testimony increase the likelihood of success. Applicants should also be ready for extended processing and uncertain outcomes. For assistance in preparing credible H&C application, that aligns with IRCC’s expectations and maximizes the odds of a favorable review, contact JBLaw Professional Corporation.