Reviewed by a Regulated Canadian Immigration Consultant (licensed by the CICC)Last updated:
Short answer
A humanitarian and compassionate (H&C) application asks IRCC to grant permanent residence to someone who does not fit a regular program, because of their ties to Canada, the best interests of a child, or the hardship they would face if they had to leave. It is a discretionary, exceptional remedy, so evidence is everything.
Who usually applies
- People living in Canada for years without a clear path to PR
- Parents of Canadian children, where a child’s best interests are at stake
- People who would face serious hardship in their home country (not the same as a refugee claim)
- People with strong work, family and community ties built in Canada
What officers weigh
- Establishment in Canada: work history, taxes, studies, volunteering, property and community ties
- Best interests of any child directly affected, in Canada or abroad
- Hardship on return: country conditions, health care, discrimination, family support
- Family ties in Canada and the effect of separation
- Immigration history, including how you came to be without status
Fees and timeline
Since 2026, the government fee is about $1,260 for a principal applicant including the right of permanent residence fee, plus about $180 for each dependent child. Check the current fee on canada.ca before you pay.
IRCC decides H&C cases in two stages: approval in principle, then the final PR decision. Published processing times for H&C have been very long in 2026, so plan for a long wait and keep your status and documents up to date.
Important limits
- You generally cannot file an H&C while a refugee claim is pending.
- After a negative refugee decision, a one-year bar usually applies, with some exceptions.
- An H&C application does not, by itself, stop a removal from Canada.
- Risk factors already decided in a refugee claim are not reconsidered in the same way.
How to build a strong application
- Tell your story clearly in a written statement, with dates
- Prove every claim with documents: pay stubs, tax returns, school letters, medical reports
- Include letters from employers, community members and family
- Explain the child’s best interests with school, health and family evidence
- Use current country-condition reports for hardship
Frequently asked questions
Can I work while my H&C is being processed?
Not automatically. Some applicants may qualify for an open work permit after approval in principle. Your options depend on your current status.
Is an H&C the same as a refugee claim?
No. A refugee claim is about risk of persecution. An H&C is a request for an exception based on your overall circumstances, including ties and hardship.
Information on this site is general and is not legal advice. We never guarantee approvals. Only Immigration, Refugees and Citizenship Canada (IRCC) makes decisions on applications.