Humanitarian and Compassionate (H&C) Applications in Canada
A humanitarian and compassionate (H&C) application asks Immigration, Refugees and Citizenship Canada (IRCC) to use its discretion to let someone become a permanent resident, or to waive a requirement, because of their personal circumstances. It is a last-resort option for people who do not fit a standard program.
- An H&C request is discretionary and exceptional. It is not an appeal and not a guaranteed route.
- Officers look at factors such as how well established the person is in Canada, family ties, hardship if they must leave, and the best interests of any child directly affected.
- It does not usually stop removal from Canada by itself.
- Immigration advice for a fee can only be given by a lawyer, a Quebec notary or a licensed immigration consultant.
How it works
The Immigration and Refugee Protection Act allows the minister to waive requirements or grant permanent resident status where it is justified by humanitarian and compassionate considerations. The decision-maker looks at the whole picture, not a fixed checklist, and gives reasons.
Factors officers often weigh
- The degree of establishment: work history, community involvement, education, language and time spent in Canada.
- Family ties in Canada and the effect of separating from them.
- The best interests of a child directly affected by the decision, which is given real weight.
- Hardship the person would face on return to their country, such as lack of access to care or safety concerns.
- The reason the person could not use a regular program, and any immigration history.
A strong application
- Tells the person's story clearly and honestly, in order, with dates.
- Backs up every claim with documents, such as pay records, letters from employers, school records, medical reports and country condition information.
- Explains specifically how the factors apply, rather than listing hardships in general terms.
- Includes letters from people who know the family well and can describe the effect of removal.
Limits and risks
- Processing can take a long time, and the outcome is uncertain.
- Misstatements in an application can have serious consequences, including a finding of misrepresentation.
- An H&C request does not change a removal order on its own. Separate steps may be needed to ask for a stay.
- Fees apply, and they can change.
Who can help
In Canada, only lawyers, Quebec notaries and consultants licensed by the College of Immigration and Citizenship Consultants may give immigration advice or represent people for a fee. Paralegals cannot. Be careful of anyone who is not on those lists, and check a representative's licence before you pay.
Common questions
Can I apply for H&C while a refugee claim is pending?
There are rules about overlap and timing. Ask a licensed immigration representative before you file.
Is there a minimum time in Canada?
No set minimum, but longer establishment tends to count for more. The decision depends on all the factors together.
Who can help. This guide is for general understanding. For an immigration application, speak to a lawyer or a licensed immigration consultant.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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