What an H&C application is
Section 25(1) of the Immigration and Refugee Protection Act (IRPA) requires the Minister to consider a request from a foreign national in Canada who applies for permanent residence but is inadmissible or does not meet a requirement of the Act. The officer decides whether humanitarian and compassionate considerations justify an exemption, taking into account the best interests of any child directly affected. The Minister may also consider requests from people outside Canada.
Typical applicant
A foreign national living in Canada who needs an exemption to apply for permanent residence from inside Canada and is not eligible in another in-Canada class (such as the spouse or common-law partner in Canada class, protected persons or an economic class).
Permanent residence only
IRCC considers H&C only in a permanent residence application. It does not assess H&C in a visitor, study permit or work permit application.
One application at a time
Only one H&C application can be under consideration for a person at once.
Name each exemption
Identify every requirement you ask to be exempted from and explain, with evidence, why the circumstances justify it. The cost or inconvenience of applying from abroad is not enough on its own.
Legal bars to check before filing
| Situation | Rule (IRPA s. 25) | Exception |
|---|---|---|
| Another H&C request is pending | A new request cannot be considered. | None. |
| Refugee claim pending before the RPD or RAD | No H&C while the claim is pending. To file H&C, the claim would have to be withdrawn before substantive evidence is heard at the IRB hearing (IRCC says before the hearing), which is irreversible. | None. Get advice before withdrawing. |
| Claim found ineligible and a PRRA is pending | No H&C while that protection application is pending (s. 25(1.2)(b.1)). | None. |
| Within 12 months of a negative RPD or RAD decision | No H&C until 12 months have passed since the claim was rejected, abandoned or withdrawn (or since the Federal Court refused leave or dismissed the case). Under s. 25(1.2)(c) a withdrawal triggers the bar only if it was determined after substantive evidence was heard, so a claim withdrawn before that point does not. | A child under 18 who would be directly and adversely affected by removal, or a risk to life because adequate health or medical care is not available in the country of return. Credible, objective evidence is needed. |
| Designated foreign national | No H&C for five years after designation or certain final negative decisions; an earlier application is suspended. | None. |
H&C requests inside public-policy PR applications (July 22, 2026)
IRCC instructions issued on July 22, 2026 set the boundary between an H&C application under section 25(1) and an application for permanent residence under a ministerial public policy made under section 25.2.
Policy conditions cannot be waived
The conditions of a public policy are set by the Minister, not by the Act or Regulations, so an officer cannot use H&C to exempt an applicant from them.
Result in the policy file
If the applicant does not meet every policy condition and asks for H&C to overcome it, the public-policy application is refused. The refusal names the unmet requirement and acknowledges the H&C request.
No separate decision inside that file
The applicant is not entitled to a separate H&C decision within the public-policy application.
Separate H&C application
To have H&C factors assessed, the person must file a separate H&C permanent residence application and pay its fees, subject to all the bars above.
An H&C application does not stop removal
- Filing with a removal orderA person with a removal order may apply if no bar applies, but must still leave on the date set.
- No status, no stayThe application creates no temporary status and no stay of removal. IRCC can continue processing after the person leaves.
- Deferral is separateA request to defer removal, or an urgent court motion, is a separate legal process and is not guaranteed.
- No appealThere is no appeal of an H&C refusal. Judicial review in the Federal Court may be available, with a 15-day deadline for decisions made in Canada. Federal Court proceedings require a lawyer; we can refer you to one.
The factors officers weigh
Officers look at the whole record, not a points score. Guide IMM 5291 lists these factors:
Establishment in Canada
How long and how the person has lived here, including status history, work, studies, taxes, housing, volunteering and community ties.
Ties and family
Genuine relationships in Canada, caregiving and dependency, and the consequences of separating relatives.
Health and family violence
Medical conditions and access to care, disability, and family violence, supported by current professional evidence.
Country conditions as hardship
Adverse conditions in the country of return can be weighed as hardship. Fears of persecution, torture or risk to life (IRPA ss. 96 and 97) are not assessed in an in-Canada H&C; they belong in the refugee or PRRA process.
For hardship, explain whether it would affect you anywhere in the country and whether you sought help from authorities or organizations. According to guide IMM 5291, sponsorship undertakings are no longer assessed in in-Canada H&C applications; an existing one is treated like a family support letter.
Best interests of the child
- Identify every affected childInclude every child directly affected, in Canada or abroad, even if the child is not an applicant.
- Describe the child's situationAge, relationships, residence, status, schooling, language, health or developmental needs, and the practical effect of separation or relocation.
- Provide independent evidenceSchool and medical records, professional assessments, custody documents, care arrangements, proof of support and detailed letters from people with direct knowledge.
- WeightThe officer must give the child's interests real attention, but they do not automatically outweigh other factors. Avoid generic statements.
Inadmissibility must be addressed directly
- The label does not remove the issueCriminality, health, financial inadmissibility, misrepresentation and non-compliance remain issues in an H&C file.
- Resolve what can be resolvedWhere possible, deal with the issue first (for example rehabilitation or a record suspension), then ask for any exemption still needed.
- Full disclosureGive the complete history, legal documents, evidence of rehabilitation and responsibility taken. Concealment creates a new misrepresentation problem.
Organizing the evidence
| Theme | Useful evidence | Weak approach |
|---|---|---|
| Establishment | Status history, employment, tax, study, housing, community and caregiving records over time | A few recent support letters with no chronology |
| Family and children | Civil and custody records, history of contact and support, professional evidence about the child | Saying separation will be hard without child-specific evidence |
| Hardship and health | Current reports on diagnosis, treatment, availability and cost of care in the country of return | An old note or a general news article |
| Credibility | Complete immigration history and explanations of any inconsistency | Leaving out refused applications, removals, family members or charges |
Family members, spouses and Quebec
Family in Canada
A spouse or common-law partner and dependent children in Canada may be included in the application.
Family abroad
Family members outside Canada cannot be included, but every family member, in Canada or abroad, must be declared.
Spouse who can sponsor
If your Canadian or permanent resident spouse or partner can sponsor you, IRCC directs you to the spousal sponsorship application instead. If you rely on H&C, explain why sponsorship is not available.
Quebec
After approval in principle, IRCC sends the file to Quebec's immigration ministry (MIFI), which issues instructions for the Quebec selection certificate (CSQ). IRCC states that the CSQ is valid for 24 months.
Forms
Download the current forms and checklist from the IRCC application package on the day you apply. Do not reuse an old saved package.
| Form | How it is completed | Purpose |
|---|---|---|
| IMM 0008, Generic Application Form for Canada | Online in the Permanent Residence Portal | Applicant, category and family details |
| IMM 5669, Schedule A (Background/Declaration) | Online, for the applicant and each family member 18 or older | Personal history, addresses, education, memberships, military service |
| IMM 5406, Additional Family Information | Online, for the applicant and each family member 18 or older | Parents, children and siblings |
| IMM 5280, Document Checklist | PDF, uploaded | Lists the required documents |
| IMM 5283, Supplementary Information (H&C considerations) | PDF, uploaded | Your H&C submissions and the exemptions requested |
| IMM 5409 and IMM 5604 | Signed by hand, if they apply | Common-law declaration; consent for minors |
| IMM 5476 and IMM 5475 | Uploaded, if a representative or designated person is involved | Use of a representative; release of information |
How to apply
- Read the current guideUse guide IMM 5291 and the current checklist. The Permanent Residence Portal is the main way to apply; paper, braille or large print is available only as an accommodation for people who cannot apply online.
- Prepare forms and submissionsComplete the online forms for the principal applicant and family members in Canada, identify each exemption and upload a structured written submission.
- Gather documentsIdentity, status, civil, police and family documents and evidence for every H&C statement. Police certificates are needed for every country other than Canada where you lived six months or more since age 18. Translations need a translator's declaration.
- Pay feesPrincipal applicant $1,260 including the right of permanent residence fee ($660 without it); spouse or partner $1,260 ($660); each dependent child $180. Biometrics are $85 per person or $170 per family. Dependent children are exempt from the right of permanent residence fee.
- Sign and submitThe applicant personally types their name as the electronic signature. A representative may prepare and submit through the representative portal but cannot sign for the applicant.
- After filingGive biometrics and complete medical exams when asked; medical results are valid for 12 months. Report marriages, separations, births, deaths, address changes, charges and significant new evidence through the IRCC web form.
Approval in principle is not yet permanent residence
Stage one
IRCC decides whether to grant the requested exemptions. A positive result is an approval in principle.
Stage two
Medical, security, criminality, identity and remaining admissibility requirements must still be met before permanent residence is granted.
Refusal
There is no appeal. Federal Court judicial review may be possible; the deadline is short and a lawyer is needed.
Keep evidence current
The officer decides on the record at the time of the decision, so material updates matter even after a strong first submission.
Frequently asked questions
Can I apply on H&C grounds while my refugee claim is pending?
No. You cannot file an H&C application while a refugee claim is pending before the RPD or RAD. Withdrawing a claim to file H&C is irreversible and needs careful advice.
My refugee claim was rejected six months ago. Can I file H&C now?
Generally not until 12 months have passed, unless a child under 18 would be directly and adversely affected, or there is a risk to life because adequate medical care is not available in your country.
Can I include my fear of persecution in my H&C application?
Fear of persecution, torture or risk to life is not assessed in an in-Canada H&C application. Adverse country conditions can be weighed as hardship.
Does an H&C application give me status in Canada?
No. Filing an H&C application does not give temporary status or permission to work or study. Keep any existing status valid, and ask us about work or study options that may apply to your stage of processing.
What happens if I leave Canada after applying?
IRCC says an H&C application will still be processed if you leave Canada. If you have a removal order, applying does not stop or delay removal, so you must leave on or before the date on the order. Keep your contact details current with IRCC.
Official sources
- Justice Laws: IRPA section 25
- IRCC: Humanitarian and compassionate grounds
- IRCC: H&C application package
- IRCC: Guide 5291, humanitarian and compassionate considerations
- IRCC: H&C requests in public-policy PR applications (July 22, 2026)
- IRCC: Fee list
- Justice Laws: IRPA section 72 (judicial review)
- IRCC: Web form to update an application
This page is general information about Canadian immigration law and policy as of the date above. It is not legal advice for your situation. Programs, forms and fees change often; check the official sources before you apply.