Humanitarian and compassionate grounds: when your situation justifies an exception.

This application, often called an "H&C", lets an IRCC officer grant permanent residence, or waive certain requirements of the law, when humanitarian and compassionate considerations justify it. The officer weighs your whole situation; there's no points grid.

Visa Canada Rouge, an immigration consulting firm in Montréal, gives you an honest assessment of the file's strength before you commit, then prepares written submissions backed by evidence.

Who can't apply

According to IRCC's guide, you can't apply if:

• you have a refugee claim in process;
• you already have a humanitarian and compassionate application awaiting a decision;
• within the last 12 months, your refugee claim was rejected or declared abandoned by the Refugee Protection Division or the Refugee Appeal Division, or you withdrew it before the hearing;
• you became a designated foreign national within the last five years, with some exceptions.

The 12-month bar has two exceptions: objective evidence that removal would directly harm children under 18, or that your life would be at risk due to inadequate medical care in the country of return. The application doesn't replace asylum to assess a risk of persecution, and it can't overcome certain inadmissibilities related to security, human rights violations or organized crime.

The factors the officer considers

IRCC gives examples such as:

• establishment in Canada: length and stability of your stay, work, studies, housing, community involvement;
• ties to Canada, including family;
• the best interests of any child directly affected, in Canada or abroad;
• health and access to care;
• family violence;
• the consequences of family separation;
• conditions in the home country and the concrete hardship of returning.

These factors are weighed together. A single fact, even a strong one, is rarely enough: it's the consistency of the whole picture, backed by evidence, that persuades. A child's best interests are an important factor, but not automatically decisive.

Turning every claim into evidence

• Establishment: employment and tax records, proof of studies, lease, letters from organizations and employers.
• Family and children: civil status records, report cards, medical reports, proof of regular support.
• Hardship on return: documents specific to your situation, not just general country reports.
• Background: police certificates from any country, other than Canada, where you spent 6 or more consecutive months since age 18.

Group the documents by factor, explain what each one establishes, and flag any date or address discrepancy yourself. Our guide to humanitarian and compassionate applications explains the preparation in detail.

What applying changes, and what it doesn't

In Québec: an extra selection step

For someone living in Québec, IRCC's approval in principle doesn't end the process:

1. IRCC approves the application in principle and forwards it to the MIFI;
2. the MIFI invites the person to submit a permanent selection application, by mail;
3. if documents are missing, you have 60 days to provide them, or the application is rejected;
4. if you're selected, you receive a Québec Selection Certificate (CSQ), and IRCC completes its checks and decides on permanent residence.

Québec's review is free. Any change in your situation must be reported to IRCC within 30 days.

Fees

• Principal applicant: $1,260, including the right of permanent residence fee ($660 without it)
• Spouse or partner: $1,260 ($660 without the right of permanent residence fee)
• Dependent child: $180 per child

Check IRCC's fee list when you pay.

Common mistakes to avoid

• Applying during a 12-month bar with no exception that applies.
• Relying on a single factor without showing the whole situation.
• Claiming without proving: every key fact needs its document.
• Believing the application protects you from removal.
• Using this route for a risk of persecution, which belongs to asylum.

What we do for you

• Assess the file's strength honestly, and compare it with other possible pathways
• Check the bars and exceptions that apply
• Build the evidence of establishment, family ties and children's best interests
• Write the submissions and follow the Québec step where it applies

To talk it through, book a consultation or describe your situation.

Frequently asked questions

Can I apply on H&C grounds while my refugee claim is pending?

No. IRCC's guide excludes people whose refugee claim is in process.

My refugee claim was rejected six months ago. Can I apply?

Generally not, because of the 12-month bar, unless one of the two exceptions applies: the interests of children under 18 directly affected, or a risk to your life due to inadequate medical care.

Does the application let me work?

No, applying gives neither status nor the right to work. Work authorization is assessed separately, based on your situation.

How much does an H&C application cost?

$1,260 for the principal applicant (including the right of permanent residence fee), $1,260 for a spouse or partner, $180 per dependent child.

What happens in Québec after approval in principle?

The MIFI invites you to submit a permanent selection application. If you're selected, it issues a CSQ, and IRCC completes processing.

Are my children's interests enough?

They're an important factor the officer must consider, but not automatically decisive. They're weighed with the whole situation.

Official sources: IRCC, "Guide 5291: Humanitarian and compassionate considerations" and "Citizenship and immigration application fees" (September 21, 2026); Government of Québec, "Programme des personnes sélectionnées pour considérations humanitaires" (in French). Accessed October 11, 2026.