Humanitarian and Compassionate Applications in Canada

A humanitarian and compassionate (H&C) application asks IRCC to grant permanent residence, or waive a rule, to a foreign national whose circumstances justify it under IRPA s.25(1). An officer weighs establishment in Canada, the best interests of any child directly affected, and hardship. It is discretionary, and the principal applicant's fee is $660 CAD.

Understand your admissibility first

Last verified: November 2026

$660
Processing fee for the principal applicant
$600
Right of Permanent Residence Fee (RPRF), if permanent residence is granted
IRPA s.25(1)
The section that gives the Minister this discretion

Government fees change over time, so confirm the current amounts on the official IRCC fee list before paying. The Fee Calculator shows them.

What is an H&C application, and who can make one?

Under IRPA s.25(1), where a foreign national in Canada applies for permanent resident status and is inadmissible (other than under certain security, human or international rights, sanctions or organized criminality provisions) or does not meet the requirements of the Act, the Minister may grant them permanent residence or an exemption from any applicable criteria or obligation of the Act. The Minister may do so if 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.

H&C is generally for people who are inside Canada: the Minister must examine a request made in Canada, and may examine one made from outside Canada. The burden is on the applicant to set out, with evidence, why the circumstances are exceptional.

A person who is medically inadmissible may ask for an exemption on humanitarian and compassionate grounds under IRPA s.25(1).

What factors does IRCC consider?

There is no set formula for H&C. It is inherently discretionary, and an officer decides, case by case. The factors below are among the examples of factors that may be considered under IRCC's guide, which says the list is not limited to them. No one factor guarantees a result.

Establishment in Canada: IRCC's guide lists establishment in Canada, an inability to leave Canada that has led to establishment, and ties to Canada among its examples.
Best interests of a child: IRPA s.25(1) requires the officer to take into account the best interests of a child directly affected by the decision.
Hardship if removed: IRCC's guide asks you to set out, with evidence, the hardship you expect if the exemption is refused. Its examples of factors include health considerations, family violence considerations and the consequences of your separation from relatives. The guide also says the cost and inconvenience of returning to your home country to apply for permanent residence are not sufficient factors.
Country conditions: IRCC's guide lists factors in your country of origin that are not related to seeking protection among its examples. For a request made in Canada, IRPA s.25(1.3) keeps out the risk factors that belong to a refugee claim, such as persecution, but requires the officer to consider elements related to hardship.

The rule

H&C is an exceptional, discretionary measure, not a general pathway.

IRPA s.25(1)Verify on justice.gc.ca

What does an H&C application cost, and how long does it take?

As of the fee increase that took effect April 30, 2026, the processing fee for an H&C permanent residence application is $660 CAD for the principal applicant, with additional fees for any family members included in the application. If permanent residence is eventually granted, the Right of Permanent Residence Fee (RPRF), $600 CAD as of that same update, is generally also payable.

Each H&C application is assessed individually on its own facts, and processing time varies. Check the official IRCC processing-times tool for the current estimate, since it changes frequently.

Who decides, and what happens after a refusal?

IRCC calls applying for H&C consideration an exceptional measure, not simply another means of applying for permanent residence. Approval is discretionary, IRCC says there is no guarantee it will approve an application, and no representative can promise an outcome.

IRCC says there is no right to appeal a refused H&C application. In some cases you can ask the Federal Court to review the decision. The Court first decides whether to grant leave, then looks at whether the decision was fair and reasonable, or whether there was an error.

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What do people ask?

What is a humanitarian and compassionate application?

It is a request under IRPA s.25(1) for permanent residence, or for an exemption from a rule of the Act, on humanitarian and compassionate grounds. The Minister must examine the request of a foreign national in Canada and may examine one from outside Canada. It is discretionary and exceptional, and an officer decides each case on its facts. The IRPA s.25 page gives the full text of the section.

What are the humanitarian and compassionate grounds in Canada?

There is no fixed list, and an officer weighs all the circumstances together. IRCC's guide gives examples of factors that may be considered, including establishment in Canada, ties to Canada, the best interests of any children affected, health and family violence considerations, the consequences of separation from relatives, and factors in your home country not related to seeking protection. IRPA s.25(1.3) keeps refugee-risk factors out of the in-Canada assessment but requires hardship to be considered. The IRPA s.25 page has the text.

Can I file an H&C application and a refugee claim at the same time?

No, not while the refugee claim is pending before the Refugee Protection Division or the Refugee Appeal Division: IRPA s.25(1.2)(b) stops an officer from examining the H&C request. After a rejected claim, s.25(1.2)(c) generally adds a 12-month bar. The bar does not apply where removal would risk your life for lack of adequate medical care, or would harm a child's best interests. The guide How to Claim Refugee Status in Canada explains that process.

Can I file an H&C application while facing removal?

Yes, but filing does not stop the removal. IRCC says applying will not prevent or delay your removal: you must leave on or before the date on your removal order, and IRCC still processes the application after you leave. A Pre-Removal Risk Assessment is a different process, open only to people the Canada Border Services Agency tells are eligible. If removal is possible, speak to a licensed immigration lawyer right away. The Removal Orders Explained guide covers the three order types.

Can I apply for H&C if I have a criminal record?

Yes. IRPA s.25(1) lets an inadmissible foreign national ask for an exemption, except where the inadmissibility falls under s.34 (security), s.35 (human or international rights violations), s.35.1 (sanctions) or s.37 (organized criminality). Criminality under s.36 is not on that list, so the officer weighs the criminal history with every other factor. The Criminal Rehabilitation page explains the separate route for overcoming a conviction.

Can I have more than one H&C application going at once?

No. IRPA s.25(1.2)(a) says the Minister may not examine a request from a foreign national who already has an H&C request pending. IRCC says you cannot have more than one H&C application at the same time, so the first one needs to be complete and well supported when it is filed. Under s.25(1.1), the Minister is also seized of a request only once its fees are paid. The IRPA s.25 page sets out both rules.

Is an H&C application made from inside or outside Canada?

Both routes exist, and they differ. IRPA s.25(1) says the Minister must examine the request of a foreign national in Canada who applies for permanent residence, and may examine the request of a foreign national outside Canada who applies for a permanent resident visa. Confirm which process applies to you on canada.ca before you apply. The Immigration Pathways page lists the other routes to permanent residence.

Can I work while my H&C application is being processed?

Not on the strength of filing alone: filing gives you no status and no right to work. Once IRCC grants the exemption under IRPA s.25(1), IRPR s.207(d) lets you apply for a work permit. Until then, any work or study authorization depends on the status you already hold and the rules for it, so a permit that is about to expire still needs its own extension. The Maintained Status guide explains what happens when you apply to extend a permit before it expires.

Part of:Immigrating permanently

Official sources

This page is based on law and policy published by the Government of Canada.