Canada’s immigration system includes a discretionary option for individuals who do not qualify under traditional immigration streams but have compelling reasons to stay in the country. This option is known as applying for permanent residency under Humanitarian and Compassionate (H&C) grounds.
This pathway is reserved for foreign nationals inside Canada who are in vulnerable circumstances and who would face unreasonable hardship if forced to return to their country of origin. In this blog, we explain who qualifies, what factors are considered, and how our law firm can support your application.
What Is an H&C Application?
A Humanitarian and Compassionate (H&C) application is a special, one-time request to become a permanent resident of Canada on the basis of exceptional personal circumstances. It allows IRCC to make an exception to immigration rules, including inadmissibility or lack of legal status.
The H&C application is assessed on a case-by-case basis and is entirely discretionary — meaning approval is not guaranteed, even if the applicant demonstrates hardship.
You can read about the differences between the H&C and Refugee categories in another one of our blog posts here.
Who Can Apply Under H&C Grounds?
You may apply for permanent residency on H&C grounds only if you are currently in Canada and do not meet the requirements of other immigration programs (e.g., Express Entry, family sponsorship, or refugee status). Typical applicants include:
- Individuals with deep roots in Canada (long-term residents, Canadian-born children, community ties)
- Families with Canadian citizen or permanent resident dependents
- People with medical conditions that would be untreated or unsafe to manage in their home country
- Survivors of domestic violence, discrimination, or gender-based oppression who may not qualify as refugees
- People facing undue hardship if removed from Canada
What Factors Are Considered in an H&C Application?
When reviewing your application, IRCC officers will consider:
- Establishment in Canada
- How long you’ve lived in Canada
- Whether you are working, studying, or involved in the community
- Your fluency in English or French
- Tax history and self-sufficiency
- Best Interests of the Child
- If you have children in Canada, IRCC must assess what impact your removal would have on them.
- The child’s age, emotional needs, education, and connection to Canada are all important.
- Hardship in Home Country
- Would you face hardship or discrimination if returned?
- Would access to healthcare, safety, or basic rights be compromised?
- This may apply even if the situation does not meet the refugee definition.
- Family Separation
- How removal would affect your family members, especially spouses, children, or dependents who are Canadian citizens or permanent residents.
- Medical Conditions or Vulnerability
- Whether you have medical or psychological conditions that require treatment unavailable or unaffordable in your home country.
What Happens If the Application Is Approved?
- You will receive approval in principle (AIP)
- Then, you must pass medical, criminal, and security checks
- After clearing admissibility checks, you will receive Confirmation of Permanent Residence (COPR) and can apply for your PR card
What If the Application Is Refused?
If your H&C application is denied, options include:
- Requesting leave for a judicial review at the Federal Court
- Reapplying if circumstances have changed
- In some cases, you may also request a deferral of removal
How Our Immigration Law Firm Can Help You
H&C applications are complex, and success depends heavily on presenting a persuasive case backed by compelling evidence. Our immigration lawyers have extensive experience preparing strong H&C applications that address the unique factors of each client’s situation.
If you or a loved one is facing removal from Canada or feels they have no options left, we are here to help explore this compassionate opportunity.
Contact us at 204-944-8889 or email us at lawoffice@fridman.ca for professional advice.
References
- IRCC – Humanitarian and Compassionate Applications Overview
- IRCC – Submit an H&C Application
- IRCC – Best Interests of the Child
- Immigration and Refugee Protection Act – Section 25: Humanitarian and Compassionate Grounds
- IRCC – PR Admissions Targets under the H&C Category