Humanitarian and Compassionate (H&C) Applications: Complete Guide to Exceptional Immigration Relief in 2026

Humanitarian and Compassionate (H&C) applications provide a discretionary immigration pathway for individuals facing exceptional hardship who don't qualify through traditional immigration programs. Unlike standard immigration routes based on points systems, job offers, or family relationships, H&C applications allow Immigration, Refugees and Citizenship Canada (IRCC) officers to grant permanent residence based on compassionate considerations, establishment in Canada, best interests of affected children, and adverse country conditions. H&C represents Canada's recognition that rigid immigration rules cannot address every deserving case and that humanitarian considerations sometimes warrant exceptional relief.

This comprehensive guide covers everything you need to know about Humanitarian and Compassionate applications in 2026, including when H&C applications are appropriate, factors officers consider, establishment evidence requirements, best interests of children assessments, country condition documentation, the application process, processing times, success strategies, common refusal reasons, and alternatives if H&C applications are denied.

Facing exceptional hardship or circumstances? Get a compassionate assessment to determine if H&C grounds apply to your situation.

What are Humanitarian and Compassionate Grounds?

Understanding H&C Applications

Section 25(1) of the Immigration and Refugee Protection Act gives the Minister of Immigration discretionary authority to grant permanent residence to foreign nationals based on humanitarian and compassionate considerations. This exceptional provision allows officers to approve permanent residence even when applicants don't meet standard program requirements, if refusing would cause unusual, undeserved, or disproportionate hardship.

Key Features of H&C Applications

• Discretionary Relief: Officers have broad discretion to grant or refuse based on totality of circumstances
• From Within Canada: Can apply while in Canada, even without legal status
• No Points System: Not based on education, language, or work experience scores
• Hardship Assessment: Focus on exceptional hardship if required to leave Canada
• Broad Factors: Considers establishment, family ties, children's interests, country conditions, health, and more
• No Automatic Status: Application doesn't provide legal status or stop removal proceedings
• Long Processing: Typically 18-36+ months processing times

Who Should Consider H&C Applications?

• Long-term residents without legal status
• Parents of Canadian citizen children
• Individuals with serious medical conditions requiring Canadian treatment
• People fleeing domestic violence or persecution
• Applicants refused through other programs due to technical issues
• Failed refugee claimants with strong Canadian establishment
• Anyone facing unusual, undeserved, or disproportionate hardship if removed from Canada

H&C Assessment Factors

1. Establishment in Canada

Establishment demonstrates your integration into Canadian society through work, education, community involvement, and relationships.

Strong establishment evidence includes:

• Length of Time in Canada: Years lived in Canada (even without status)
• Employment History: Stable employment, tax filing, contributions to economy
• Community Involvement: Volunteering, religious participation, social organizations
• Education: Canadian studies, language improvement, skills development
• Property Ownership: Homes, businesses, significant assets
• Family Ties: Spouse, children, parents, siblings in Canada
• Social Network: Friends, colleagues, support systems
• Cultural Integration: Language proficiency, understanding of Canadian values

2. Best Interests of Affected Children

If Canadian citizen or permanent resident children would be adversely affected by applicant's removal, this carries significant weight. Officers must consider children's best interests as a primary consideration, though not the only factor.

Children's best interests assessment includes:

• Age and Development: Impact on children at various developmental stages
• Education Disruption: Effect of moving to another country on schooling
• Healthcare Access: Ability to receive necessary medical care elsewhere
• Emotional Bonds: Relationship with applicant parent and separation impact
• Cultural Identity: Children's Canadian identity and belonging
• Language Barriers: Difficulty adapting to non-English/French environments
• Safety and Security: Conditions in country of removal affecting children
• Dual Citizenship: Whether children can remain in Canada vs. family separation

3. Ties to Canada

Beyond establishment, specific ties demonstrating your connection to Canada:

• Family members who are Canadian citizens or permanent residents
• Long-term relationships and friendships
• Business partnerships or employment relationships
• Community leadership or recognized contributions
• Support networks critical to wellbeing

4. Adverse Country Conditions

Conditions in your country of nationality or residence that would make removal particularly harsh:

• Civil Unrest: War, armed conflict, political instability
• Generalized Risk: High crime, violence, lack of rule of law
• Discrimination: Systemic discrimination based on gender, religion, ethnicity, sexuality
• Economic Hardship: Extreme poverty, lack of economic opportunities
• Healthcare Deficiencies: Inadequate medical infrastructure
• Environmental Disasters: Natural disasters, climate emergencies

Note: Adverse country conditions alone typically insufficient—must combine with other H&C factors.

5. Health Considerations

Medical conditions requiring Canadian treatment unavailable or inaccessible in home country:

• Ongoing treatment for serious conditions
• Access to specialized healthcare
• Psychological trauma requiring continued therapy
• Medications unavailable elsewhere
• Support systems critical to health management

6. Family Violence

Situations involving family violence receive special consideration:

• Domestic abuse affecting immigration status
• Sponsored spouse experiencing violence from sponsor
• Inability to meet immigration requirements due to abuse
• Safety concerns if returned to home country

7. Other Hardship Factors

• Age and ability to re-establish in home country
• Separation from family support networks
• Loss of employment and economic stability
• Degree of hardship relative to others in similar situations

The H&C Application Process

Step 1: Assess Eligibility and H&C Grounds

Carefully evaluate whether you have compelling H&C grounds. H&C applications have high refusal rates—ensure you have substantial evidence of exceptional hardship before applying.

Step 2: Gather Comprehensive Evidence

This is the most critical step. Collect extensive documentation:

Establishment Evidence:

• Employment letters, pay stubs, T4 tax slips
• Tax returns (Notice of Assessments)
• Volunteer certificates, community involvement letters
• Educational transcripts, certificates, diplomas
• Property ownership documents, leases
• Bank statements, credit reports
• Reference letters from employers, community members, friends

Children's Best Interests Evidence:

• Birth certificates, citizenship documents
• School records, report cards, attendance
• Medical records, treatment plans
• Psychological assessments (if relevant)
• Letters from teachers, counselors, doctors
• Evidence of activities, friendships, community ties

Country Condition Evidence:

• Country condition reports (UN, Human Rights Watch, Amnesty International)
• News articles documenting conditions
• Expert opinions or affidavits
• Personal testimony about experiences

Medical Evidence:

• Medical reports, diagnosis letters
• Treatment plans, medication lists
• Specialist letters explaining need for Canadian care
• Evidence of unavailability of treatment in home country

Step 3: Prepare Detailed Written Submissions

Write comprehensive written arguments explaining:

• Your personal history and how you came to be in Canada
• Why removal would cause unusual, undeserved, or disproportionate hardship
• Your establishment in Canada with specific examples
• Best interests of any affected children with detailed analysis
• Country conditions you would face if removed
• Any other relevant humanitarian factors
• Why your situation warrants exceptional relief

Written submissions should be thorough (often 20-50+ pages) with all claims supported by documentary evidence.

Step 4: Complete Application Forms

• IMM 5708: Application to Remain in Canada on Humanitarian or Compassionate Grounds
• Generic Application Form for Canada (IMM 0008)
• Additional Family Information (IMM 5406)
• Schedule A: Background/Declaration (IMM 5669)
• Supplementary Information forms if applicable

Step 5: Submit Application with Fees

Submit complete application package to IRCC with application fees:

• Principal applicant: CAD $1,050 processing fee + CAD $515 right of permanent residence fee
• Spouse: CAD $1,050 + CAD $515
• Dependent children: CAD $225 each

Step 6: Await Processing

IRCC processes H&C applications. Current processing times typically 18-36 months, though times vary significantly. Officers may:

• Request additional information or documents
• Conduct interviews (rare but possible)
• Request medical examinations
• Request police certificates

Step 7: Receive Decision

Possible outcomes:

• Approved: Receive Approval in Principle, then complete medical exams, police certificates, and landing
• Refused: Receive refusal letter with reasons

Work Permits During H&C Processing

Applying for Work Permits

H&C applicants can apply for work permits while applications process. However, issuance is discretionary and not automatic.

Requirements for H&C Work Permits

• Submitted H&C application
• In Canada
• Officer assesses you would face hardship if unable to work
• No issues with inadmissibility

Work permit approval rates vary. Officers consider establishment, family ties, financial needs, and overall H&C merits.

H&C Applications and Removal Orders

Removal Orders Not Stayed

CRITICAL: H&C applications do NOT automatically stay (pause) removal orders. If you have a removal order, you can still be removed from Canada even with a pending H&C application.

Deferral of Removal

You can request deferral (postponement) of removal through separate applications to Canada Border Services Agency (CBSA) if:

• You have pending H&C application
• Compelling reasons justify deferral (health emergencies, children's school year, etc.)
• You can demonstrate you would face irreparable harm if removed before decision

Deferral requests are also discretionary and frequently denied. Seek legal advice immediately if facing removal.

Common H&C Refusal Reasons

1. Insufficient Establishment

Many applicants overestimate their establishment. Simply living in Canada for several years isn't enough—must demonstrate deep roots, contributions, and integration.

2. Weak Hardship Evidence

Hardship must be unusual, undeserved, or disproportionate compared to others in similar situations. General difficulty readjusting to home country insufficient.

3. Inadequate Country Condition Evidence

Personal testimony alone rarely sufficient. Need objective, credible sources documenting specific country conditions affecting you.

4. Children's Best Interests Not Compelling

Officers acknowledge all children prefer stability, but this alone doesn't warrant H&C approval. Must demonstrate specific, significant adverse impacts on particular children.

5. Available Alternatives Not Explored

Officers may find you should apply through standard programs rather than H&C. If you're eligible for other pathways (spousal sponsorship, work permits, etc.), pursue those first.

6. Incomplete or Poorly Presented Applications

Disorganized applications without clear arguments and supporting evidence frequently refused. Quality of presentation matters significantly.

Alternatives and Additional Options

If H&C Application is Refused

• Judicial Review: Apply to Federal Court for judicial review (strict timelines, legal representation strongly recommended)
• Reapply: Can submit new H&C application if circumstances change
• Other Pathways: Explore family sponsorship, Express Entry, or Provincial Nominee Programs

Other Humanitarian Options

• Refugee Claims: If fleeing persecution, consider refugee protection
• Temporary Resident Permits: Short-term status for inadmissible individuals with compelling reasons to be in Canada
• Pre-Removal Risk Assessment (PRRA): For failed refugee claimants or people with removal orders

Frequently Asked Questions About H&C Applications

Ready to Apply on Humanitarian and Compassionate Grounds?

Humanitarian and Compassionate applications provide exceptional immigration relief for individuals facing unusual, undeserved, or disproportionate hardship. While challenging and discretionary, H&C applications can provide pathways to permanent residence for deserving cases that fall outside standard immigration programs. Success requires comprehensive evidence, compelling written submissions, and thorough understanding of H&C assessment factors.

Get Expert H&C Assistance from VisaVio

VisaVio Immigration Consultants provides compassionate assistance with Humanitarian and Compassionate applications. As a Regulated Canadian Immigration Consultant (RCIC R710392), Azadeh Haidari-Garmash understands the sensitivity of H&C cases and has helped clients navigate this complex process with comprehensive evidence preparation and strategic presentation.

Additional Humanitarian and Immigration Resources

Explore more immigration options:

• Refugee Protection - Asylum claims and refugee pathways
• Family Sponsorship - Sponsor family members to Canada
• Express Entry - Federal skilled worker immigration
• Provincial Nominee Programs - Provincial immigration pathways
• Permanent Residence - All pathways to Canadian PR
• Immigration Blog - Latest H&C updates
• Immigration News - Breaking immigration news
• Service Fees - Transparent pricing

About the Author: This guide was prepared by VisaVio Immigration Consultants, led by Azadeh Haidari-Garmash, a Regulated Canadian Immigration Consultant (RCIC R710392) registered with the College of Immigration and Citizenship Consultants. All information is current as of January 2026 and based on official IRCC guidelines.