Immigration Consultants..
Some people have built a life in Canada without a standard route to permanent residence. They may have lived here for years, raised children here, or face serious hardship if they have to leave. A humanitarian and compassionate (H&C) application asks IRCC to make an exception for them.
It is not an easy route, and it is not a fast one. IRCC calls H&C an exceptional measure rather than another way to apply for PR, and its published processing time is currently more than 10 years. This page explains who can apply, what IRCC looks at, what the application involves and what to expect, so you can decide whether it fits your situation.
At White Swan Immigration Consultants in Richmond, BC, we assess H&C cases candidly. If another route suits you better, or you need a lawyer, we’ll say so.
Most people must apply for permanent residence from outside Canada unless they qualify under an in-Canada class. Section 25(1) of the IRPA lets IRCC grant an exemption to people who are inadmissible or don’t meet a class’s requirements, if humanitarian and compassionate reasons justify it. This is what people mean by humanitarian and compassionate grounds in Canada.
An H&C application has two stages. First, IRCC decides whether to approve your request in principle. If it does, you move to the second stage, where you must still complete medical, criminality and security checks before becoming a permanent resident. Approval in principle is not the same as PR.
Officers have wide discretion, but they must consider and weigh all the relevant facts you present, as the Supreme Court of Canada required in Kanthasamy v. Canada. That is why the specifics and quality of your evidence matter more than the length of your story.
You may be able to apply if you:
IRCC’s H&C guide doesn’t require you to hold valid temporary status. But being out of status carries its own risks, including removal.
You can’t apply if you:
You generally can’t apply if, in the last 12 months, the IRB rejected your refugee claim, you abandoned it, or you withdrew it after your IRB hearing was due to start. IRCC recognizes two exceptions, each needing credible, objective evidence: children under 18 who would be directly and adversely affected if you were removed, or a risk to life because your country can’t provide adequate health or medical care.
If you fear persecution, torture or a risk to your life, that is a protection issue, not an H&C one. IRCC points those cases to the in-Canada refugee process and keeps protection-related risks separate from H&C factors. Get advice about protection options before choosing H&C.
If you or a family member is inadmissible (for example, because of a criminal conviction, a medical condition or misrepresentation), IRCC advises resolving it first where possible. An H&C exemption from inadmissibility is given only in exceptional circumstances.
IRCC’s guide lists examples of factors. They aren’t a checklist, and you can raise anything relevant that isn’t about seeking protection.
IRCC takes into account the best interests of any child directly affected by the decision, whether the child is in Canada or abroad. Relevant factors include the child’s age, establishment in Canada, education, medical needs, gender and conditions in the country of origin that could affect them.
Two things are worth understanding. First, you must show with specific information and documents how the child would be affected. A general statement isn’t enough. Useful evidence often includes school records, letters from teachers, doctors or counsellors, and proof of the child’s routines and relationships. Second, a child’s best interests are an important factor but don’t outweigh everything else in a case. Having a Canadian-born child doesn’t guarantee approval.
Use IRCC’s IMM 5280 document checklist and include:
IRCC returns applications with missing documents or unclear scans. You don’t need a medical exam before applying. IRCC sends instructions later and requires an exam by a panel physician.
| Item | Amount (CAD) | Notes |
| Principal applicant | $1,260 | Includes the $600 Right of Permanent Residence Fee (RPRF). $660 without it. |
| Spouse or partner included | $1,260 | $660 without the RPRF |
| Dependent child | $180 per child | |
| Biometrics | $85 per person or $170 per family of two or more | |
| Third-party costs | Varies | Police certificates, medical exam, translations, photos, certified copies |
IRCC will refund the RPRF if you withdraw or it refuses your application. It’s the only fee that can be refunded once processing starts. Loans are available only for the RPRF, not the processing fee. Fees change, so confirm on IRCC’s fee list before you pay.
IRCC notifies you of a refusal in writing. There is no appeal. The legal option is to ask the Federal Court for leave to apply for judicial review, which checks whether the decision was lawful and reasonable rather than re-deciding your case. The Federal Court’s deadline is 15 days if the decision was made inside Canada and 60 days if it was made outside. If the Court refuses leave, that decision can’t be appealed.
Only a lawyer can represent you in Federal Court. Licensed immigration consultants cannot. If you receive a refusal, contact a lawyer immediately because of the short deadline. We can help you understand the refusal and assess whether a new application with stronger evidence is realistic.
Not sure whether H&C fits your situation? Start with a confidential Canada PR eligibility assessment. We’ll review your immigration history and family circumstances and give you a candid view of your options.
Book an initial consultation or submit your details for an assessment.
Please bring: your passport, any permits, refusals or removal orders, refugee claim decisions if any, a timeline of your years in Canada, and details of your family members and any children.
It is a request under section 25(1) of the IRPA asking IRCC to grant an exemption so you can apply for permanent residence from inside Canada. IRCC treats it as an exceptional measure and decides each case on its own facts.
You must be a foreign national in Canada who can’t apply under another in-Canada class and who needs an exemption from an IRPA requirement. Citizens, permanent residents, people with another H&C application pending, people with an outstanding refugee claim and recent designated foreign nationals can’t apply.
IRCC’s fee list shows $1,260 for the principal applicant (including the $600 Right of Permanent Residence Fee), $1,260 for a spouse or partner and $180 per dependent child, plus biometrics. Third-party costs such as police certificates, medical exams and translations are extra.
IRCC’s processing-times tool currently shows more than 10 years for H&C applications, both in Quebec and in the rest of Canada. Check the live figure, as it changes.
No. IRCC says filing an H&C application does not delay removal, and you must leave on the date specified. If you’re facing removal, speak to a lawyer immediately.