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Humanitarian and Compassionate (H&C) Applications in Canada: The Rules

An H&C request asks the Minister to grant permanent residence, or an exemption from a requirement, for humanitarian and compassionate reasons under IRPA s.25(1). IRCC calls it an exceptional measure. The IRCC fee list shows $1,260 for an adult application including the right of permanent residence fee, or $660 without it (as at 2026-09-21).

Section 25 of the Immigration and Refugee Protection Act (IRPA) gives the Minister a discretionary power: to examine a person's circumstances and, if justified on humanitarian and compassionate grounds, grant permanent resident status or an exemption from a requirement of the Act. People search for it as "H&C", "humanitarian grounds" or "compassionate grounds", often when they are out of status, have been refused, or have no other route.

This guide sets out what the Act and IRCC's own application guide say: who can ask, who is blocked, the factors IRCC lists, the forms and fees, and what happens next. It is general information. It does not say whether any particular person's facts would succeed, and IRCC itself says the process is not a general alternative route to residence.

What section 25 says

IRPA s.25(1) has two limbs. For a foreign national in Canada who applies for permanent resident status and who is inadmissible (other than under s.34, 35, 35.1 or 37) or does not meet the requirements of the Act, the Minister "must, on request" examine the circumstances. For a foreign national outside Canada who applies for a permanent resident visa, the Minister "may, on request" do so. In both cases the Minister "may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected."

Three points in the wording matter:

  • The word "must" for people inside Canada is about examining the request. Whether to grant it is discretionary ("may grant").
  • The ground is considerations "relating to the foreign national." It is not a list of qualifying facts.
  • The best interests of a directly affected child are a required element of the analysis, not a trump card. IRCC's guide says such interests "do not outweigh all other factors."

Section 25(1.3) tells the decision-maker that, for a request from inside Canada, the Minister may not consider the factors used to decide whether a person is a Convention refugee under s.96 or a person in need of protection under s.97(1), "but must consider elements related to the hardships that affect the foreign national." Protection claims have their own system.

Subsection 25(1.1) adds that the Minister is seized of a request only if the applicable fees have been paid.

Who cannot make a request

The Act and IRCC's application guide (Guide 5291, page date 2026-08-07) set out the blocks. Read them before anything else, because a blocked request is not examined.

From the Act (s.25(1.01) to (1.2)):

  • Someone inadmissible under s.34 (security), s.35 (human or international rights violations), s.35.1 (organized criminality) or s.37 cannot use the s.25(1) request in the way described above.
  • A "designated foreign national" faces waiting periods of five years: after a final determination of a refugee claim or protection application, or, in any other case, after the day they became a designated foreign national.
  • The Minister may not examine a request if the person already has one pending; if a refugee claim is pending before the Refugee Protection Division or the Refugee Appeal Division; or if the person's refugee claim was found ineligible and a protection application is pending.
  • Under s.25(1.2)(c), the Minister may not examine a request if less than 12 months have passed since a refugee claim was rejected, or determined to be withdrawn after substantive evidence was heard, or abandoned, and the related review steps ended. Section 25(1.21) sets out two exceptions to that 12-month bar: a risk to life caused by the inability of each of the person's countries of nationality to provide adequate health or medical care (for removal cases), and where removal would have an adverse effect on the best interests of a directly affected child.

From IRCC's guide:

  • The guide is for people living in Canada who need an exemption and are not eligible under another in-Canada class. It lists the Spouse or Common-Law Partner class, the Economic classes, Protected Person and Convention Refugee, and the Temporary Resident Permit holder class as options to use first where they apply.
  • "A person is only allowed to have one H&C application under consideration at any time."
  • Canadian citizens and permanent residents cannot apply.
  • Where a Canadian citizen, permanent resident or registered Indian spouse or common-law partner can sponsor the person, the guide points to the sponsorship application (IMM 5289). If they cannot, the person may continue with the H&C application.

Section 25(2) separately says the Minister may not grant status to a foreign national selected by a province (under s.9(1)) who does not meet that province's selection criteria.

What IRCC says it looks at

IRCC's guide describes H&C as "an exceptional measure" and says it "is not simply another means" of applying for permanent residence from within Canada. It says the applicant must show "sufficient and compelling reasons" and must say clearly which exemption is being requested.

The factors the guide lists are:

  • establishment in Canada, including whether an inability to leave Canada led to the establishment;
  • ties to Canada;
  • the best interests of any affected children, with their age, establishment, conditions in the country of origin, medical needs, education and gender named as relevant;
  • health considerations, family violence, and the consequences of separation from relatives;
  • conditions in the country of origin that are not related to seeking protection;
  • any other relevant non-protection factor.

The guide also states that "The cost and inconvenience associated with returning to your home country" are not, "in the absence of other compelling factors," sufficient. On hardship, it says a claim of harm should explain whether the harm applies across the country and whether the person sought help from authorities or non-governmental organizations, and if not, why.

On inadmissibility, the guide says the applicant should ideally resolve it first, and that exemptions from inadmissibility are "given only in exceptional circumstances." A person with a criminal record or a past removal order will find those rules in our guides on criminal inadmissibility and rehabilitation and on authorization to return to Canada.

None of this is a checklist that adds up to a result. The Act gives discretion, and officers weigh the factors together.

Forms and documents

Under the guide, the application is made online through the IRCC portal and PDF uploads. It lists:

  • Generic Application Form (IMM 0008), Schedule A – Background/Declaration (IMM 5669), and Additional Family Information (IMM 5406), completed online;
  • Document Checklist (IMM 5280) and Supplementary Information (IMM 5283), uploaded as PDFs;
  • where they apply, a Statutory Declaration of Common-law Union (IMM 5409) and a Separation Declaration for Minors Travelling to Canada (IMM 5604), printed, signed by hand and uploaded;
  • Use of a Representative (IMM 5476) and Authority to Release Personal Information to a Designated Individual (IMM 5475), if someone helps.

IMM 5283 (form page dated 2024-05-28; form version June 2020) is the form that supplies the humanitarian and compassionate details. IRCC describes thirteen questions covering personal details, family in and outside Canada, any removal order, why an exemption is requested and the hardship without it, any inadmissibility, family and children affected, establishment in Canada, how the applicant will support themselves and their family during processing, and a signed declaration. The principal applicant must complete it. Family members complete it only if they have their own H&C grounds. It must be in English or French, every statement needs evidence, and "Not applicable" is written for sections that do not apply.

On evidence, the guide says:

  • if required documents are missing or scans are unclear, "your application will be returned";
  • translations need the original-language document plus an English or French translation, and family members cannot translate or certify documents;
  • police certificates are needed for each country other than Canada where the person lived six or more months in a row after age 18;
  • an immigration medical exam is required later and is not needed before submitting.

Family members in Canada may be included for concurrent processing. Family members outside Canada cannot be included, but they must still be declared for admissibility.

Fees

The fee amounts on IRCC's application guide did not load when we read it, so the figures below come from the IRCC fee list (date modified 2026-09-21):

  • H&C, "Your application" (includes processing and the right of permanent residence fee): $1,260.00.
  • H&C, "Your application (without right of permanent residence fee)": $660.00.
  • "Include your spouse or partner": $1,260.00, or $660.00 without the right of permanent residence fee.
  • "Include a dependent child": $180.00 per child.
  • The right of permanent residence fee, on its own: $600.00.
  • Biometrics: $85.00 for an individual, with a family maximum of $170.00 for two or more people.

The guide says the processing fee must be included with the application. The right of permanent residence fee is one IRCC recommends paying now to avoid delays, but it must be paid before you become a permanent resident. Only online payment is accepted in Canada, and the receipt is kept and uploaded. Loans can cover the right of permanent residence fee only, not processing fees, and require proof of refusal from a traditional lender.

On refunds, the IRCC fee list says the right of permanent residence fee is refunded if the person withdraws or the application is refused. Other fees are not refunded once processing starts, per the fee list. Check the current page before paying, because IRCC updates the list.

Third-party costs such as medical exams, police certificates and translations are set by the providers and are not on the IRCC list. Adviser fees are separate again; see our guide to what immigration consultants charge and the rules around it.

Waiting, status and removal

IRCC's guide is explicit on one point that affects people facing removal: it says a removal order is not paused by an H&C application. The guide says "You must leave on the specified removal date," and IRCC continues processing and notifies the applicant in writing. A stay of removal is a separate step decided elsewhere, and this guide does not cover it.

The guide does not say whether a person can work or study while waiting. That depends on the person's existing status. Our guide to maintained status explains the general rule for people who applied to extend a permit, which is a different situation from an H&C application. Anyone in this position should check their own permit conditions.

During processing, the guide says:

  • only complete applications are processed;
  • IRCC may ask for an interview to verify or expand on information;
  • applicants must report changes of address, contact details, marital status or family composition through the IRCC web form;
  • applications may be randomly selected for quality-assurance review, which can include an interview;
  • an application can be withdrawn in writing, quoting the UCI, family name and first name.

Processing times are published on IRCC's processing-times page and change often, so we do not quote a figure here.

If the request is refused

IRCC's guide says the applicant is told in writing. It does not describe appeal options after a refusal. The Act's appeal rights to the Immigration Appeal Division (s.63) cover family class refusals, removal orders for permanent residents and protected persons, and residency obligation decisions. They are not drawn for an H&C refusal from a person inside Canada.

The usual legal route after a refusal of a discretionary request is an application to the Federal Court for leave and judicial review under IRPA s.72. That court looks at whether the decision was lawful, not at whether it was the one the judge would have made, and the time limits are short. Our guide to judicial review of IRCC refusals covers the deadlines.

A person who is refused can also, in some cases, look at their file notes. Our guide to getting officer notes after a refusal covers how.

Because the process is discretionary, the outcome depends on the file as a whole. IRCC's guide asks for evidence of every statement, so the file as a whole is what is assessed.

Find a regulated adviser

Migratio's directory lists advisers who have signed up with us and who show "Entitled to Practise: Yes" on the live College of Immigration and Citizenship Consultants register, or who are in good standing with a law society. Each listing links to the official register so you can confirm the licence yourself before booking. Migratio is a directory and booking platform; it is not an immigration consultant and does not give immigration advice.

Questions people ask

What are humanitarian and compassionate grounds in Canada?

IRPA s.25(1) lets the Minister grant permanent resident status or an exemption from a requirement if justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a directly affected child. IRCC calls it an exceptional measure.

Can I apply for H&C if I have a pending refugee claim?

No. IRPA s.25(1.2) bars examination while a refugee claim is pending before the Refugee Protection Division or Refugee Appeal Division, and for 12 months after certain rejections, withdrawals or abandonments, with two exceptions in s.25(1.21).

How much does an H&C application cost?

The IRCC fee list (modified 2026-09-21) shows $1,260 for an adult including the right of permanent residence fee, or $660 without it, plus $180 per dependent child and biometrics of $85 per person (family maximum $170). Check the live list before paying.

Does an H&C application stop my removal from Canada?

IRCC's guide says a removal order is not paused by an H&C application and that the person must leave on the removal date, while IRCC continues processing. A stay of removal is a separate matter.

Does IRCC consider the risk I would face in my home country?

Under s.25(1.3), for requests from inside Canada the Minister may not consider the refugee and protection factors in ss.96 and 97(1), but must consider elements related to hardships. IRCC's guide lists conditions in the country of origin not related to seeking protection as one factor.

Sources

Last checked 2026-10-09.

Related guides

  • Judicial Review of an IRCC Refusal: The 15-Day and 60-Day Deadlines — To challenge an IRCC decision in the Federal Court you first need leave. The application must be filed within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada, after you're notified (IRPA s.72). Any appeal right, such as an IAD appeal, must be used first.
  • Criminal Record and Canada: Inadmissibility, Rehabilitation and Temporary Resident Permits — IRPA s.36 makes people inadmissible for certain convictions or acts. IRCC describes four ways to overcome it: deemed rehabilitation, individual rehabilitation (generally five years after the sentence ends), a record suspension for Canadian convictions, or a temporary resident permit. The IRCC fee list shows $246.25 for non-serious rehabilitation and $1,231 for serious (as at 2026-09-21).
  • Authorization to Return to Canada (ARC): Who Needs One and How It Works — Under IRPA s.52(1), a person whose removal order was enforced cannot come back without authorization unless an exemption applies. Which exemption depends on the order type: departure, exclusion (one or five years) or deportation (permanent until authorized). The IRCC fee list shows $492.50 for an ARC (as at 2026-09-21).
  • PR Residency Obligation: The 730-Day Rule and What Happens If You Miss It — A permanent resident must be in Canada, or in a few listed situations treated as in Canada, on at least 730 days in every five-year period (IRPA s.28). Falling short does not end status by itself: status continues until an official decision, and a decision made outside Canada can be appealed to the Immigration Appeal Division within 60 days.
  • Maintained Status in Canada: Working and Studying While You Wait — If you apply to extend your stay before it expires and IRCC hasn't decided by the expiry date, IRPR s.183(5) extends your authorized stay until the day of the decision and you keep your status and conditions. You can keep working or studying only under the same conditions, you must stay in Canada, and the right ends on the day a refusal is made.
  • Getting Your GCMS and Officer Notes After a Refusal — Since 29 July 2025 IRCC sends an officer's decision note with refusal letters for most temporary resident applications, and since 26 May 2026 for most permanent resident applications. Other notes in your file can be requested through access to information or privacy requests, which have a 30-day response period and a $5 application fee for access-to-information requests.
  • Immigration consultant fees in Canada: what you pay for and how it must be billed — There is no official fee scale: the College says "RCICs set their own fees," and they must be "fair and reasonable." What the rules do fix is the paperwork. The fee for a first consultation must be in a written agreement before it starts, the full job needs a written service agreement with a fee estimate, and money paid in advance must sit in a trust account until the work is done.