Is humanitarian and compassionate immigration right for you?
A discretionary pathway under IRPA section 25(1) for foreign nationals already in Canada whose exceptional circumstances justify an exemption from the usual immigration requirements.
H&C is not a regular immigration class. Each application is assessed individually on its own merits.
Discretionary pathway
From within Canada
Exceptional circumstances
Best interests of children
Humanitarian and Compassionate
What is H&C?
What is humanitarian and compassionate consideration?
Humanitarian and compassionate consideration is a discretionary form of relief under section 25(1) of the Immigration and Refugee Protection Act (IRPA). It allows the Minister of Immigration, Refugees and Citizenship Canada, or a delegated officer, to grant permanent resident status, or an exemption from a requirement of the Act, to a foreign national whose circumstances justify it. H&C is not a regular immigration class. It is an exceptional measure intended for situations that the standard immigration categories were not designed to address.
Under IRPA section 25(1), the Minister must examine an H&C request from a foreign national who is in Canada and who applies for permanent resident status. The same section permits, but does not require, the Minister to examine an H&C request from a foreign national outside Canada who applies for a permanent resident visa. In practice, the vast majority of H&C applications are filed from within Canada, and IRCC’s Guide 5291 is structured around in-Canada applicants.
Since the Supreme Court of Canada’s decision in Kanthasamy v. Canada (2015 SCC 61), officers must assess H&C applications by looking at the applicant’s circumstances as a whole, rather than treating phrases such as “unusual and undeserved” or “disproportionate hardship” as separate legal tests. The guiding standard is whether decent, fair minded Canadians would find it simply unacceptable to deny the relief sought. Best interests of any child directly affected must be a primary consideration in every assessment.
Who qualifies for Humanitarian & Compassionate consideration?
There is no single eligibility test. Each application is decided on its own facts, and the burden of proof rests entirely with the applicant. Officers examine all the evidence presented and weigh several factors together. The factors below are the most commonly considered, but they are not exhaustive.
Establishment in Canada
Establishment refers to how settled the applicant is in Canadian society. Officers look at how long the applicant has lived in Canada, employment history, education, language ability, taxes paid, community involvement, volunteer work, religious or cultural affiliations, and ties to family or friends in Canada. Strong, well documented establishment is one of the most influential factors in an H&C decision.
Best interests of children directly affected
IRPA section 25(1) requires officers to take into account the best interests of any child directly affected by the decision. This applies to children inside or outside Canada, whether or not they are Canadian citizens. Officers consider the child’s age, level of dependency, degree of establishment in Canada, links to the country in question, conditions in that country, medical or special needs, and the impact of family separation. The Supreme Court has confirmed that a child’s best interests must be given substantive weight, though they do not automatically override every other factor.
Hardship if returned to the country of origin
H&C is not a substitute for refugee protection, but officers may consider hardship that the applicant would face if removed from Canada. Relevant evidence may include adverse country conditions, generalized violence, discrimination, lack of access to medical care, or the disruption of family and community ties built in Canada. The hardship considered under H&C is broader than persecution under the Refugee Convention, but it must be supported by specific, objective evidence.
Inadmissibility considerations
Some applicants apply for H&C to overcome an inadmissibility, for example, medical inadmissibility, criminal inadmissibility, or misrepresentation. An H&C exemption can override certain inadmissibility findings, but only in exceptional circumstances. H&C is not available to overcome inadmissibility under sections 34 (security), 35 or 35.1 (human or international rights violations), or 37 (organized criminality) of IRPA.
Beyond these core factors, officers may consider any other circumstance the applicant raises, such as family violence, gender based or LGBTQ+ persecution risks, age, or the inability to leave Canada due to circumstances beyond the applicant’s control. Each application stands on the strength of its evidence and the coherence of its narrative.
Common scenarios where Humanitarian & Compassionate may apply
H&C is used in a wide range of circumstances. The examples below are drawn from IRCC operational guidance and Federal Court jurisprudence. They illustrate situations where H&C consideration has historically been raised, but they do not guarantee success in any individual case.
Failed refugee claimants
Foreign nationals whose refugee claim has been rejected, withdrawn, or abandoned by the Refugee Protection Division or Refugee Appeal Division may apply for H&C consideration once the 12 month bar has expired, or earlier if they qualify for a statutory exception. H&C cannot be used to re-litigate a refugee claim, but new evidence about establishment, children, or hardship may form the basis of a separate H&C request.
Long-term residents without status
Foreign nationals who have lived in Canada for many years without permanent status, for example, individuals who overstayed a visa, lost work permit eligibility, or fell out of status due to circumstances beyond their control, may seek H&C consideration based on the depth of their establishment and ties to Canada.
Family separation cases
Applicants whose removal would separate them from close family members in Canada, including spouses, common law partners, parents, or children, may raise family unity as part of their H&C application. Family separation is particularly significant when it would directly affect Canadian-born children or other dependants.
Medical hardship
Foreign nationals who, or whose dependants, require medical treatment that is not available or accessible in their country of origin may raise medical hardship as an H&C factor. This is also one of the statutory exceptions to the 12 month bar for failed refugee claimants, where the lack of adequate health care in the country of origin would expose the applicant to a risk to life.
Victims of family violence
IRCC has specific operational guidance for foreign nationals whose immigration status is affected by family violence. H&C consideration may be appropriate where the applicant fears returning to a relationship of abuse, where leaving Canada would expose them or their children to further harm, or where their immigration status was tied to an abusive sponsor.
Key restrictions on H&C applications
IRPA imposes several legal restrictions on who can apply for H&C consideration and when. Understanding these restrictions before filing is critical, because an application made in violation of them will not be examined.
•
One H&C application at a time
A foreign national may only have one H&C application under consideration at any given time. A second application filed while the first is still pending will not be processed.
•
Five year bar for Designated Foreign Nationals
Under IRPA section 25(1.01), foreign nationals designated under the irregular arrival provisions of IRPA must wait five years before they can apply for H&C consideration. This period runs from the relevant determination date and applies without exception.
•
Inadmissibility under sections 34, 35, 35.1, or 37
H&C consideration is not available to foreign nationals who are inadmissible on grounds of security (s. 34), violating human or international rights (s. 35 or 35.1), or organized criminality (s. 37). These inadmissibility grounds are excluded by the text of section 25(1) itself.
•
12 month bar after refugee rejection
Under IRPA section 25(1.2)(c), an H&C application cannot be examined if less than 12 months have passed since the applicant’s refugee claim was rejected, withdrawn after substantive evidence was heard, or abandoned by the RPD or RAD. Two statutory exceptions apply under section 25(1.21): if removal would expose the applicant to a risk to life because their country of nationality cannot provide adequate health or medical care, or if removal would adversely affect the best interests of a child directly affected.
•
Cannot apply with a pending refugee claim
Under IRPA section 25(1.2)(b), the Minister may not examine an H&C request if the applicant has a refugee claim pending before the Refugee Protection Division or the Refugee Appeal Division. Applicants must choose between proceeding with the refugee claim or withdrawing it before the IRB hearing in order to pursue H&C.
The application process
01
Determine eligibility and strategy
Before filing, the applicant must confirm that no statutory bar applies and that H&C is the appropriate pathway. Where another permanent residence class is available, such as spousal sponsorship or a Provincial Nominee Program, that route should be pursued instead. An RCIC will assess the applicant’s full immigration history, identify any inadmissibility issues, and determine whether the strongest case is built on establishment, best interests of a child, hardship, or a combination of factors.
02
Gather supporting evidence
H&C applications succeed or fail on the quality of the evidence. The applicant must gather documents that demonstrate establishment in Canada (employment records, tax filings, lease agreements, community letters, language certificates), the best interests of any children involved (school records, medical reports, psychological assessments where applicable), country conditions (reports from credible sources such as UNHCR, Human Rights Watch, or government country reports), and any other circumstance raised in the application. General statements without supporting evidence are routinely rejected.
03
Submit application through the IRCC online portal
H&C applications are filed through the Permanent Residence Online Application Portal. The required forms include the Generic Application Form for Canada (IMM 0008), the Supplementary Information, Humanitarian and Compassionate Considerations form (IMM 5283), and any additional forms applicable to the applicant’s family composition and circumstances. Government processing fees apply and are set by IRCC; the current schedule of fees is published on canada.ca.
04
Wait for the decision
H&C processing times are long. According to IRCC’s most recent transition materials, in Canada H&C cases routinely take several years to finalize, due to high demand and limited admissions space in the federal Immigration Levels Plan. There is no right of appeal from a refused H&C decision; the only recourse is an application for leave and judicial review at the Federal Court of Canada, which must be filed within strict time limits.
Why hire a Regulated Canadian Immigration Consultant?
Under Canadian law, only a lawyer who is a member in good standing of a Canadian provincial or territorial law society, a notary in Quebec, a Regulated Canadian Immigration Consultant (RCIC), or a paralegal regulated by the Law Society of Ontario can charge a fee to represent you before IRCC. Hiring anyone outside of these regulated professions is illegal and exposes you to fraud, lost fees, and the risk of a refused application.
RCICs are licensed, insured, and regulated by the College of Immigration and Citizenship Consultants (CICC), the federal regulator established under the College of Immigration and Citizenship Consultants Act. The CICC sets standards of competence, professional conduct, and continuing education, and disciplines consultants who fail to meet them. When you work with an RCIC, you are protected by a regulatory framework designed to ensure quality and accountability.
Megrez Immigration Consultants has been advising clients on Canadian immigration matters since 1996. Our team has handled humanitarian and compassionate applications for clients across a wide range of circumstances, including failed refugee claimants, long-term residents without status, family separation cases, and applicants overcoming inadmissibility. Every H&C file is built on a tailored evidentiary strategy and a coherent narrative that meets the standard the Supreme Court set in Kanthasamy.
Related Services
Ready to start your application?
Book a free consultation with Jose Godoy, RCIC. 30+ years of experience helping skilled workers immigrate to Canada.