No regular pathway
The person does not currently qualify through Express Entry, family sponsorship, a provincial program or another available route.
◆ Complex Cases • Permanent Residence Request
Humanitarian and Compassionate (H&C) Grounds
An H&C request asks IRCC to consider personal circumstances that may justify an exemption from the usual immigration requirements. It is a discretionary option for people who do not qualify through a regular program and can show why remaining in, or coming to, Canada should be considered on humanitarian and compassionate grounds.
Important: H&C is not a right and not a guarantee. IRCC decides whether the facts are strong enough to justify an exemption. Processing can take a long time, and other pathways should still be checked first.
When H&C may be considered
Who this request is for
H&C is generally considered when a person does not meet the requirements of a regular immigration program, but the personal circumstances may still justify a request for permanent residence or an exemption. The facts must be specific, documented and stronger than inconvenience.
Established in Canada
Work, study, community involvement, language progress and family life in Canada may support the request.
Child’s best interests
The effect on a child in Canada or abroad is a required consideration when a child is directly affected.
Hardship if required to leave
The request should explain why returning to the home country would create unusual, undeserved or disproportionate hardship.
Factors IRCC may weigh
What a complete H&C submission usually covers
There is no single checklist that guarantees approval. A strong request organizes the personal history around the factors IRCC actually considers.
Establishment in Canada
Employment, education, volunteer work, language ability, housing stability and community connections.
Family and community ties
Spouse, children, parents or other close family in Canada, plus the support available if the person remains.
Hardship in the home country
Country conditions, lack of support, family breakdown, discrimination, medical access or other personal risk factors.
Health and medical needs
Ongoing treatment, availability of care outside Canada and the effect of interruption on the applicant or a child.
Family violence or vulnerability
Where relevant, evidence of family violence, dependency or other vulnerability should be presented carefully and with supporting records.
Status history and compliance
How the person entered Canada, current status, previous applications, refusals and any periods without status.
Important distinction
H&C is not the same as a refugee claim
A discretionary exemption request
H&C asks IRCC to look at establishment, hardship, family circumstances and the best interests of a child. It is not a protection decision and it does not automatically stop removal.
A protection process with different tests
A refugee claim is assessed against persecution, risk and protection criteria. Failed refugee claimants may also face waiting periods or limits before an H&C request can be made. The correct process depends on the facts.
Case strategy
How we prepare an H&C request
1
Confirm that H&C is the right option
Check whether a regular immigration program, restoration, sponsorship, work permit or another route is still available before relying on H&C.
2
Build the personal chronology
Set out entry history, status, family composition, work, study, community life and any previous IRCC decisions in a clear timeline.
3
Document hardship and the child’s interests
Collect evidence that shows the effect of leaving Canada, the support available here, and the best interests of any child who is affected.
4
Prepare a focused written submission
Organize the request around IRCC’s H&C factors so the officer can see why an exemption is being requested, not only that the person wants to stay.
Evidence
The request must be supported, not only explained
An H&C submission is more than a letter. The package should connect each factor to records, independent evidence and a consistent personal history.
Identity and immigration history
Passports, permits, visitor records, previous applications, refusals and any removal or status documents.
Establishment records
Employment letters, pay records, study documents, leases, tax filings, language results and community letters.
Family and child evidence
Birth certificates, school records, medical letters, custody information and proof of the child’s life in Canada where relevant.
Hardship and country conditions
Medical reports, country-condition material, family-support evidence and other records that explain the consequences of leaving.
Limits to understand
H&C has important restrictions
Long processing
H&C requests can take a long time. It should not be treated as a short-term status solution.
Work or study is separate
An H&C request does not by itself authorize work or study. Any work or study permission must come from a separate application where available.
Not for every refusal
H&C is not a substitute for an appeal, a judicial review or a regular program that the person can still use.
FAQ
Humanitarian and Compassionate questions
Is H&C guaranteed if I have lived in Canada for many years?
No. Time in Canada can support establishment, but IRCC still decides whether the overall circumstances justify an exemption. Length of stay alone is not enough.
Can I apply for H&C from outside Canada?
Some H&C requests can be made from outside Canada, but the available options and the strength of the request depend on the facts. An in-Canada request is more common where the person is already established here.
Does H&C stop removal from Canada?
Not automatically. An H&C request is not the same as a stay of removal. Status, enforcement and timing need a separate review.
What if a child would be affected?
IRCC must consider the best interests of a child who is directly affected. School, health, family support and the child’s establishment in Canada should be documented carefully.
Need to discuss an H&C request?
Bring your complete immigration history, family details, status documents and any previous IRCC decisions so we can assess whether H&C is appropriate or whether another option should be used first.
General information only. Humanitarian and compassionate decisions are discretionary and case-specific. This webpage does not guarantee approval, status, a stay of removal or any immigration outcome.
