A Humanitarian and Compassionate (H&C) application is a discretionary permanent residence pathway available to people in Canada who do not qualify under any regular immigration program but face circumstances that, in the opinion of an IRCC officer, warrant an exemption from the standard requirements of the Immigration and Refugee Protection Act. The H&C mechanism is not a guaranteed pathway — an officer has broad discretion to assess whether the humanitarian factors presented are sufficient to justify granting permanent residence. The decision is highly fact-specific and cannot be reliably predicted in advance.

H&C applications are typically used by individuals who are deeply established in Canada — those who have lived here for many years, built community ties, raised children who are Canadian citizens, or face conditions in their home country that, while not meeting the refugee protection threshold, would make return extremely difficult. Establishment in Canada, the best interests of any children involved, and hardship upon return are the three central factors IRCC officers weigh.

Eligibility Requirements

• For people in Canada who do not qualify under regular immigration programs
• IRCC considers establishment in Canada (employment, community ties, language), best interest of any children, and hardship if required to leave
• Not a guaranteed pathway — officer has discretion based on humanitarian factors
• Cannot apply if under removal order without minister’s authorization
• Two-stage process: first assess H&C factors; then permanent residence application if approved
• Refugee claimants generally cannot use H&C while claim is pending

Who Uses H&C Applications

H&C is generally used by people who: do not meet the criteria of any economic, family class, or refugee program; have significant establishment in Canada (employment, community ties, Canadian-citizen children, language integration); would face serious hardship if required to leave Canada and apply under regular immigration channels; or have family situations that make conventional immigration processing particularly harmful.

People who are NOT generally eligible to use H&C include: those with a pending refugee claim (generally must wait for the claim to be decided); those currently under a removal order who have not obtained ministerial authorisation; those who are subject to extradition proceedings; and those in certain other enumerated bars under IRPA. Refugee claimants who have been refused may apply for H&C, but only after the refugee determination process is complete and any appeal or judicial review is finalised.

What IRCC Officers Consider

H&C officers consider three primary sets of factors:

• Establishment in Canada — How long has the person lived in Canada? Do they have stable employment, housing, community ties, volunteering history, and social integration? Language proficiency in English or French is considered. The depth and breadth of Canadian ties — not just duration — matters.
• Best interests of any children — If the applicant has Canadian-citizen or PR children, or children in Canada, their interests are assessed independently. IRCC takes seriously the disruption to a child’s education, relationships, and cultural grounding that would result from a parent’s removal. Canadian-born children who would have to accompany a deported parent to an unfamiliar country receive considerable weight.
• Hardship upon return — What conditions would the applicant face if returned to their country of origin? This is different from the refugee threshold of persecution — it includes country conditions, lack of healthcare, separation from family, employment prospects, discrimination (even if not meeting the refugee Convention definition), and other adverse factors.

No single factor is automatically determinative. An officer may find insufficient establishment but grant H&C based on the best interests of children, or vice versa. The personal statement and supporting documentation must present these factors comprehensively and persuasively.

Application Process and Fees

H&C applications are submitted to IRCC through the online portal. There is no point system or draw — every application is individually assessed. The process has two stages: Stage 1 assesses whether the H&C factors justify an exemption; Stage 2 processes the permanent residence application itself if Stage 1 is approved.

Government fees are $1,210 for the principal applicant (including $575 RPRF), $1,210 for a spouse, and $175 per dependent child. Biometrics are $85/$170. Processing time is approximately 29 months but is highly variable.

• Detailed personal statement explaining H&C grounds (often 10–30+ pages, with supporting documentation)
• Proof of establishment — employment letters, T4s, lease agreements, community involvement letters, school enrolment
• Evidence of children’s best interests — school records, children’s birth certificates, medical records
• Country condition documentation — reports from credible human rights organisations, news articles, foreign affairs advisories
• Letters of support from community members, employers, religious leaders, social workers
• Medical and police clearances

H&C applications are among the most document-intensive and strategically complex in Canadian immigration. Book a paid consultation with VGIS for a thorough H&C assessment with Dimple Verma, RCIC-IRB #R708308, who has Immigration Appeal Division (IRB) authorisation and experience with discretionary applications.

Fees & Costs

Fee Component	Amount (CAD)
Government Fee	$1,210 principal applicant (incl. RPRF); $1,210 spouse; $175 per dependent child
Biometrics	$85 individual / $170 family

Fees current as of 2026. IRCC may update fees periodically — confirm on the official source link below before paying.

Key Documents Required

• Detailed personal statement explaining H&C grounds
• Proof of establishment in Canada (employment letters, lease, tax returns)
• Evidence of family ties and community involvement
• Letters of support from community members
• Country condition documentation if claiming hardship if returned
• Medical and police clearances

Frequently Asked Questions

What is the success rate for H&C applications?

IRCC does not publish a single aggregate approval rate for H&C applications, as outcomes depend entirely on the strength of individual circumstances. Applications with compelling establishment, Canadian-citizen children, and documented hardship upon return are more likely to succeed. Poorly documented applications — those with only a brief statement and minimal supporting evidence — face significantly lower approval prospects. Professional preparation substantially improves outcomes.

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

Generally, no. Refugee claimants who have not yet received a decision on their claim cannot make a concurrent H&C application. Once a refugee claim is decided (refused), the refugee claimant can apply for H&C, but there are timing restrictions and the H&C officer cannot consider factors that were or could have been raised in the refugee claim. This is known as the ‘ring-fencing’ provision under section 25(1.3) of IRPA.

How long does an H&C application take?

Processing times for H&C applications are approximately 29 months based on recent IRCC estimates, but they are highly variable and case-dependent. Complex cases with significant country condition evidence, large families, or cases that require additional verification may take longer. There is no priority processing or expedite mechanism available for most H&C applicants.

Can I be removed from Canada while my H&C application is pending?

An H&C application does not automatically create a stay of removal. If you are under a removal order and have a pending H&C application, you may need to file a separate application for a stay of removal in Federal Court or, in some cases, through the Humanitarian and Compassionate mechanism. IRCC may defer removal in some circumstances. Given the complexity of removal proceedings and H&C overlap, professional representation is strongly advised.

Does having Canadian-born children guarantee an H&C approval?

No. Canadian-born children are a significant factor in the ‘best interests of the child’ analysis, but they do not guarantee approval. The officer must weigh all circumstances holistically. In some cases, officers have found that the best interests of a Canadian-born child are adequately served by the child accompanying the parent abroad. A well-documented analysis that specifically addresses why the child’s interests would be seriously harmed by the family’s departure from Canada is needed.

Official Government Source: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/humanitarian-compassionate-permanent-residence.html

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Disclaimer: This page is for general informational purposes only and does not constitute legal or immigration advice. Immigration laws and IRCC policies change frequently. For advice specific to your case, please book a paid consultation with our licensed RCIC-IRB. VG Immigration Services Inc. — Dimple Verma, RCIC-IRB #R708308.