Humanitarian and compassionate applications in Canada: who can apply, and when it makes sense

A humanitarian and compassionate (H&C) application asks IRCC to grant permanent residence as an exception, to someone who does not meet the usual requirements. People often hear about it as a last resort. It can be the right route, but only for strong, well-documented situations, and some people cannot use it at all. Here is an honest look at when it makes sense.

When you cannot apply

According to IRCC's guide, you cannot submit an H&C application if:

• you have a refugee claim in process;
• you already have an H&C application waiting for a decision;
• in the past 12 months, your refugee claim was rejected or abandoned by the Refugee Protection Division or the Refugee Appeal Division, or you withdrew it before your hearing;
• you became a designated foreign national in the past five years, with some exceptions.

The 12-month bar has two exceptions: sufficient objective evidence that removal would directly and adversely affect children under 18, or that your life would be at risk because your country cannot provide adequate health or medical care. People inadmissible on security grounds, for human or international rights violations or for organized criminality cannot request H&C consideration.

What officers weigh

IRCC lists factors such as establishment in Canada, ties to Canada, the best interests of any child directly affected, health, family violence, the consequences of separating relatives, and conditions in the country of origin. Officers look at all of them together. A child's best interests are an important factor, but not automatically decisive.

When it can make sense

• You have built a real life here over time: work, home, community, and the documents to prove it.
• Children would be concretely affected, and you can show how, child by child.
• Returning would cause you personal, specific hardship, not just general difficulties in your country.
• There is no other program you realistically qualify for.

When the file rests mainly on a wish to stay, without that kind of evidence, an honest assessment before applying will save time and money.

Building the evidence

Link every important claim to a document, grouped by factor, with a short note on what each document shows. Check that names, addresses and dates match across forms and documents, and explain any inconsistency yourself. Applicants 18 and over who are not citizens or permanent residents must provide police certificates from every country other than Canada where they spent six consecutive months or more since turning 18.

What applying does not do

An H&C application does not give you status or the right to work. It does not automatically stop a removal order; if a removal date is set, steps with the Canada Border Services Agency or the courts are separate and have their own deadlines.

If you live in Quebec

After IRCC approves the application in principle, Quebec's immigration ministry invites you to apply for permanent selection under its program for people selected on humanitarian grounds. The application goes by mail; if documents are missing, you have 60 days to provide them. The Quebec review is free. If selected, you receive a Quebec Selection Certificate valid for 24 months, and IRCC completes the process. Report any change in your situation to IRCC within 30 days.

Federal fees include a processing fee and, for adults, the right of permanent residence fee; dependent children are exempt from the latter. Check IRCC's fee list when you apply. Our complex cases page explains how we assess and prepare these files.

Frequently asked questions

Is there a minimum number of years in Canada?

No general minimum. Time in Canada helps show establishment, but the officer looks at the whole situation.

Can I include family members who live abroad?

Family members must be declared whether or not they come with you, and IRCC's instructions say what each person needs to provide.

Is an H&C application the same as a refugee claim?

No. They are separate processes with different tests. An H&C application does not assess a risk of persecution.

Official sources

Official pages consulted on October 11, 2026:

• IRCC — Guide 5291: Humanitarian and compassionate considerations
• Québec — Program for people selected on humanitarian grounds (French)