Humanitarian and Compassionate (H&C) grounds

Humanitarian & Compassionate (H&C) Immigration

A humanitarian and compassionate review is an exceptional mechanism under IRPA that allows IRCC to consider certain exemptions so that a person with special circumstances may apply for permanent residence. H&C is not a standard PR program and does not guarantee approval.

What factors does IRCC consider?

Each application is assessed on an individual basis. Factors may include:

• The extent of establishment and integration and the duration of residence in Canada;
• Family relationships and ties to the community in Canada;
• The best interests of directly affected children;
• Health-related factors;
• Family violence or vulnerable circumstances;
• Consequences and hardship if forced to leave Canada;
• Factors in the country of origin relevant to H&C, though not risks falling under refugee protection categories.

H&C is not a refugee claim

In an H&C review, IRCC does not assess factors requiring protection under refugee law, such as persecution, torture, risk to life, or cruel and unusual treatment or punishment. If the primary issue is a need for protection, the appropriate refugee/protection procedure should be pursued.

Who cannot or may be restricted from filing for H&C?

• Individuals with a pending refugee claim cannot simultaneously have an H&C application considered under the applicable rules;
• An individual cannot have more than one pending H&C application at the same time;
• Some individuals with a rejected, abandoned, or withdrawn refugee claim may be subject to a 12-month bar before an H&C application can be considered, unless specific legal exceptions apply, including certain cases involving children or life-threatening medical conditions;
• Designated foreign nationals may be subject to specific bars under IRPA;
• Conditions and bars must be checked against the circumstances and dates of each individual application.

The best interests of children

If a child is directly affected by a decision, IRCC must consider the best interests of the child. Evidence may relate to age, level of establishment and integration, education, health, family relationships, living conditions, and the practical impact of the child staying in or leaving Canada.

The child factor is very important but does not automatically determine the H&C outcome.

Does filing for H&C prevent removal from Canada?

No. Filing an H&C application does not automatically grant a stay of a removal order. If the CBSA is enforcing a removal order, the applicant may still be required to leave Canada unless a legal stay or other applicable mechanism is in place.

Approval in Principle (AIP) and PR

If IRCC accepts that H&C considerations are sufficient to grant exemptions, the application may proceed to the fulfillment of remaining permanent residence requirements, including applicable admissibility and residency conditions. AIP does not mean PR has been granted.

Work permits

An H&C application does not automatically authorize work in Canada. In some cases, individuals who have received approval in principle may be eligible to apply for an open work permit under current regulations. An applicant may also have the right to work validly based on a different immigration status. Conditions must be assessed individually; do not continue working without valid authorization.

If an H&C application is refused

H&C refusal decisions do not have a standard appeal process like some IAD matters. Depending on the case, the applicant may seek leave from the Court and request a Federal Court Judicial Review. The Federal Court reviews the legality, reasonableness, and procedural fairness of the decision; the Court does not grant PR itself.

What should the application demonstrate?

• Specific humanitarian circumstances with evidence;
• Establishment and ties in Canada;
• Impact on directly affected children;
• Medical/family/vulnerability factors if applicable;
• Hardship and practical consequences if exemptions are not granted;
• Clear explanation of the exemptions being requested and the reasons why.

KeyApply support

KeyApply assists with collecting and organizing timelines, supporting evidence, personal circumstantial information, and administrative files. Legal advice and representation are provided by an RCIC or an appropriately licensed lawyer.

Note: H&C is an exceptional measure subject to the discretion of IRCC. No single factor or number of years living in Canada guarantees approval.