Permanent Residence Humanitarian and Compassionate Applications
Humanitarian and Compassionate Applications
Permanent residence on humanitarian and compassionate grounds for people in Canada without another way to stay.
Viviane Trudel, RCIC-IRB Licence #R723047
A humanitarian and compassionate (H&C) application asks IRCC to grant permanent residence, or an exemption from a requirement of the law, when strict application of the rules would cause unusual hardship. It is an exceptional, discretionary remedy, most often used by people in Canada who do not qualify under another program.
The decision turns on the whole of your circumstances, so the way your story is documented and presented matters.
Who an H&C application is for
- People who have built their lives in Canada through work, community, family and long residence
- Parents whose children in Canada would be affected by their removal
- People who would face hardship if they had to leave, such as serious health needs, family violence or adverse conditions in their home country
- People without status, or whose status is ending, who have no other route to stay
- Applicants who need an exemption from a specific requirement, such as an inadmissibility, alongside another application
An H&C application can be made from inside Canada even without status. It is not a substitute for a refugee claim, and filing it does not restore status, authorize work or study, or on its own stop a removal from Canada.
H&C application representation
Eligibility and strategy development
- Review of whether an H&C application is open to you, including the bar while a refugee claim is pending and the one-year bar after a final refugee decision, and its exceptions
- Assessment of the factors officers weigh as a whole: your establishment in Canada, your family and community ties, the best interests of any child affected, the hardship you would face if you had to leave, and your past immigration history and efforts to comply
- Review of your immigration history and any inadmissibility concerns
- An honest view of the strengths and risks of an H&C application compared with other options
- A plan for the evidence that best tells your story: proof of residence and work, community and family ties, medical or counselling records, country conditions, and an explanation of any gaps in status
- Particular attention to the best interests of any children directly affected
- Coordination with any other applications or proceedings, including removal timelines
- One consistent strategy for the whole family
Application preparation and submission
- A personalized document checklist built around your circumstances, not a generic list
- Preparation and review of every IRCC form, checked for consistency with your history
- Detailed written submissions presenting the humanitarian and compassionate factors in your case
- An organized evidence package, including letters of support, submitted to IRCC on your behalf as your authorized representative
Post-submission support
- Monitoring of your file and handling of all IRCC correspondence
- Updated submissions and evidence as your circumstances develop during processing
- Written responses to procedural fairness letters
- If an application is refused, a review of the officer’s reasons and advice on reconsideration, a stronger new application or judicial review, which for decisions made in Canada generally must be started within 15 days
H&C application questions
It is a request to IRCC to grant permanent residence, or to waive a requirement of the law, because applying the usual rules would cause unusual hardship. Officers look at the whole of your situation, including how established you are in Canada, the best interests of any children affected, and the hardship you would face if you had to leave.
Not while your refugee claim is pending. After a final negative decision, there is generally a one-year waiting period before you can apply, with exceptions such as the best interests of a child or a serious medical condition. The rules depend on your history, so it is worth reviewing them before you decide on a path.
No. Submitting an H&C application does not by itself stop a removal, restore your status or allow you to work or study. If a removal order exists, it has to be addressed separately, so timing and any other available options need to be considered together.