Short answer: an H&C application asks Immigration, Refugees and Citizenship Canada (IRCC) to grant permanent residence, or to waive a legal requirement, for a foreign national in Canada whose personal circumstances are exceptional enough that applying the normal rules would be unjustified. Under section 25(1) of the Immigration and Refugee Protection Act (IRPA), the Minister has discretion to grant that relief on humanitarian and compassionate grounds, and must take into account the best interests of any child directly affected. This is a discretionary, exceptional measure that an officer decides case by case. It exists for situations where the ordinary rules produce a result that is genuinely unjust given the specific human circumstances. It is not a workaround for a refused application and it is not a substitute for a refugee claim, and because the stakes and the law are complex, individual cases should be reviewed by a licensed Canadian immigration lawyer or a CICC-regulated consultant.
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Start Free ExplorerWhat Is an H&C Application?
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, 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 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.
In plain terms: an H&C application asks IRCC to let you become a permanent resident (or to waive a rule that is standing in your way) even though you would not qualify through a normal immigration program, because the humanitarian and compassionate considerations in your case are strong enough to justify it. What this means for you is that the burden is on the applicant to set out, with evidence, why the circumstances are exceptional. There is no appeal of an H&C refusal to the Immigration Appeal Division; the only review is an application for leave and judicial review at the Federal Court, which looks at whether the decision was reasonable rather than re-deciding the merits.
A few structural points are worth knowing up front. H&C is generally for people who are inside Canada (there is a separate, narrower route for requests made from outside Canada). You generally cannot have more than one H&C application being processed at the same time. And H&C does not, on its own, pause a removal order. Each of these is explained further below, but the takeaway is that timing and sequencing matter, which is why individual cases should be reviewed with a licensed immigration professional.
H&C is NOT a refugee claim. If you are fleeing persecution, the refugee protection system (IRPA s.96 Convention Refugee, or s.97 Person in Need of Protection) is the appropriate pathway. H&C and refugee claims are separate processes and are evaluated under completely different legal frameworks.
Who May Apply, and What Factors an Officer Weighs
There is no set formula for H&C, it is inherently discretionary, and an officer (not the applicant or any representative) decides. Officers are directed to consider the totality of the circumstances rather than any single factor. The factors below carry weight in H&C assessments under IRCC policy and Federal Court case law. No one factor guarantees a result, and the same facts can be weighed differently from case to case:
1. Establishment in Canada
How deeply have you established roots in Canada? Employment history, community involvement, volunteer work, property ownership, Canadian-citizen or PR family members, language proficiency, and length of residence in Canada all factor in. Longer and deeper establishment weighs in favour of an H&C grant.
2. Best Interests of a Child (BIOC)
Under IRPA s.25(1), IRCC must give significant weight to the best interests of any child directly affected by the decision, particularly Canadian-citizen children or children with strong ties to Canada. The Federal Court has repeatedly held that BIOC must be identified and given significant weight, not merely acknowledged.
3. Hardship if Removed
What hardship would you face if forced to leave Canada? This includes separation from Canadian family, medical conditions requiring specialized treatment not available elsewhere, economic disruption, and dislocation after long-term residence. Hardship must be more than the ordinary hardship of leaving a country where one has lived, it must be unusual, undeserved, or disproportionate.
4. Country Conditions
Adverse conditions in your country of origin, political instability, economic collapse, health system failures, natural disaster, can support an H&C claim, particularly when combined with strong establishment in Canada. This is distinct from a refugee claim: the country conditions factor for H&C focuses on hardship, not persecution.
Processing Times, Outcomes, and Fees
H&C applications are among the slower applications in the Canadian system, because each is assessed individually on its own facts. Processing can take a long time and varies with IRCC workload and the complexity of the case. Rather than relying on any figure quoted online, check the official IRCC processing-times tool for the current estimate, since these change frequently.
What to realistically expect
H&C is an exceptional, discretionary measure, not a general pathway, so a grant is far from automatic and many applications are refused. An officer weighs all of the circumstances and decides; no representative can promise an outcome. Importantly, filing an H&C application does not, by itself, pause or cancel a removal order. If you are facing removal, you would generally need a separate deferral request to the Canada Border Services Agency or a stay of removal from the Federal Court, and a Pre-Removal Risk Assessment (PRRA) is a distinct process. If removal is a possibility in your case, speak to a licensed immigration lawyer immediately.
Government fees change over time, so confirm the current amounts on the official IRCC fee list before paying. As of the fee increase that took effect April 30, 2026, the processing fee for an H&C / public-policy 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. These figures are subject to change; verify them on canada.ca.
What Makes a Strong H&C Application?
Strong H&C applications combine multiple compelling factors, rarely does a single factor succeed alone. The best applications include:
Long Canadian Residence
Multiple years of continuous physical presence in Canada, documented with tax returns, employer records, and lease agreements.
Canadian-Citizen Children
Canadian-born children with school records, health records, and social ties in Canada, particularly when removal would force them to leave as well.
Employment Record
Stable employment history in Canada demonstrating economic contribution and establishment.
Medical Conditions
Serious medical conditions requiring specialized treatment available in Canada but not in the country of origin, supported by physician letters.
Adverse Country Conditions
Objective country condition evidence (UNHCR reports, news, government advisories) showing hardship in the country of origin.
Community Ties
Letters of support from employers, community organizations, religious leaders, and Canadian neighbours demonstrating integration.
Professional representation strongly recommended: H&C applications are complex, discretionary, and have long-term consequences if refused. The Federal Court reviews H&C decisions on a reasonableness standard. Given the stakes and complexity, representation by an experienced immigration lawyer is strongly recommended.
H&C vs. Other Options: When to Consider H&C
H&C should be considered only after evaluating all other available immigration pathways. It is genuinely a last resort:
Frequently Asked Questions
Can I file an H&C application while facing removal?+
Filing an H&C application does not automatically stay a removal order. You may need to separately apply for a deferral of removal or seek a Federal Court stay of removal while your H&C is processed. Consult an immigration lawyer immediately if you are facing an upcoming removal.
Can I apply for H&C if I have a criminal record?+
Yes. A criminal record does not automatically bar you from filing an H&C application. However, your criminal history will be a factor in the assessment. Criminal inadmissibility does not preclude H&C consideration, the officer must weigh all factors in totality.
Can I file an H&C application and a refugee claim at the same time?+
Generally no. Under IRPA s.25(1.2), an officer cannot examine an H&C request from a person who has a pending refugee claim before the Refugee Protection Division or the Refugee Appeal Division. In addition, there is generally a 12-month bar: a failed refugee claimant usually cannot make an H&C request within 12 months of the last negative decision (or the decision finding the claim withdrawn or abandoned after substantive evidence was heard). The law provides limited exceptions, including where removal would put the person at risk to their life because their country cannot provide adequate health or medical care, or where it would adversely affect the best interests of a child directly affected. Because the timing rules are technical, ask a licensed immigration lawyer or CICC consultant about sequencing if both pathways might apply to you.
Can I have more than one H&C application going at once?+
Generally no. IRCC policy is that a person may have only one H&C application in process at a time; a second request will normally not be examined while the first is still pending. This is one reason to make sure an application is complete and well-supported before filing, and a reason to get professional advice on timing.
Is an H&C application made from inside or outside Canada?+
Section 25(1) is primarily for a foreign national who is in Canada. There is a separate, narrower H&C route for requests made from outside Canada, and the considerations differ. Which route applies depends on your situation, so confirm the correct process on canada.ca or with a licensed representative before you apply.
Can I work while my H&C application is being processed?+
An H&C application by itself does not give you status or a right to work. Any work or study authorization depends on your existing status and the relevant rules, and applying for H&C does not change that on its own. If maintaining or obtaining a work or study permit matters in your case, get individualized advice, because the interaction between H&C and other applications can be complex.
What happens to my family members if my H&C is approved?+
If your H&C is approved and includes an exemption for permanent residence, family members included in the application would typically be processed for landing as well. The exact scope depends on how the application was structured and on IRCC's specific decision. Family members not included may need their own application or sponsorship.
Important: H&C applications are discretionary and complex. This guide explains the general framework based on publicly available IRPA s.25(1) and IRCC policy. Every case is different, consult a licensed Canadian immigration lawyer before filing an H&C application. Not legal advice.
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This page is based on law and policy published by the Government of Canada.