Apply for Permanent Residence on Humanitarian and Compassionate (H&C) Grounds
An exceptional pathway to stay in Canada based on your unique circumstances.
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What is H&C ?
Humanitarian and Compassionate (H&C) applications allow certain individuals who are already living in Canada to apply for permanent residence, even if they do not meet the usual immigration class requirements.
Applying on H&C grounds is considered an exceptional measure, and approval is based on compelling circumstances.
Who Can Apply :
You may use this application if you meet all of the following:
You are a foreign national currently living in Canada.
You need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations to apply for permanent residence from within Canada.
You are not eligible to apply under any other immigration class (e.g., Spouse or Common-Law Partner, Economic Class, Protected Person, or Temporary Resident Permit Holder).
You believe your personal circumstances justify H&C consideration.
If You Have a Canadian Spouse or Common-Law Partner
If your spouse or partner is a Canadian citizen or permanent resident, they may be able to sponsor you under a different process (Spouse or Common-Law Partner in Canada Class – IMM 5289).
If sponsorship is not possible, you may proceed with the H&C application.
Who Cannot Apply ?
You may not apply for H&C consideration if:
You are a Canadian citizen or permanent resident.
You already have a pending H&C application with no decision yet.
You have an outstanding refugee claim.
You are a designated foreign national (within the last 5 years).
You had a refugee claim rejected or abandoned in the past 12 months, or withdrew your refugee claim within the last 12 months (with exceptions for cases involving risk to life or children’s welfare).
Important: Filing an H&C application does not delay removal orders.
What Factors will IRCC Consider When Reviewing Your Application?
When assessing your H&C application, IRCC may consider:
Establishment in Canada (length of stay, employment, education, community involvement).
Ties to Canada (family, community, social ties).
Inability to leave Canada leading to establishment.
Health considerations.
Family violence considerations.
Consequences of separation from close family members.
Hardship in your country of origin (non-protection related).
Best interests of any children affected by your case.
Apply for H&C
What Factors About Your Child Will IRCC Consider?
If children are directly impacted by your application, IRCC will assess factors such as:
Child’s age and level of establishment in Canada.
Educational and medical needs.
Conditions in the country of origin.
Potential impact on the child’s well-being.
You must provide specific evidence showing how the decision will affect the child.
Important Notes About H&C Applications :
You are responsible for presenting all facts and hardship factors in your application.
Cost or inconvenience of leaving Canada is not sufficient for H&C consideration.
You must clearly state the exemption(s) you seek and support your request with documents.
If you are inadmissible (e.g., for criminality, health reasons, financial issues, or misrepresentation), you should try to resolve the inadmissibility first, or request an exemption based on exceptional circumstances.
Timeline for H&C Applications :
Step | Description |
Application Submission | Submit your full H&C application with the required forms and supporting documents. |
Processing Time | Processing times for H&C applications vary based on the case's complexity. On average, it takes about 22 months outside Quebec and 48 months inside Quebec, but IRCC does not guarantee a decision within a specific timeframe. |
Removal Orders | Filing an H&C application does not delay the enforcement of a removal order. If ordered removed, you must leave Canada, and your H&C will continue to be processed abroad. |
Decision Notification | IRCC will notify you in writing of the decision once it is made. |
Frequently Asked Questions
We understand that the process can be confusing and you may have many questions.
Below are some common FAQs that can help guide you.
Yes. You do not need to have legal immigration status to apply for permanent residence under the H&C class.
No, you cannot apply if you have a pending H&C application, an outstanding refugee claim, or a claim that was rejected or withdrawn within the past 12 months—unless you meet one of the listed exceptions.
No. Filing an H&C application does not delay or cancel removal. You must leave Canada if you are under a removal order, even while your application is being processed.
Officers may consider establishment in Canada, family ties, best interests of children, health issues, family violence, and other hardships unrelated to refugee protection.
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