Humanitarian and Compassionate Considerations in Canadian Immigration: What You Need to Know

In Canada’s immigration system, Humanitarian and Compassionate (H&C) applications offer a discretionary path for people who do not qualify under traditional immigration streams but have compelling reasons to request permanent residence. This mechanism recognizes exceptional circumstances and seeks to balance legal rules with humanity.

1. Legal Foundation: Section 25 of IRPA

The legal authority for H&C lies in section 25(1) of the Immigration and Refugee Protection Act (IRPA). Under this provision, a foreign national in Canada who is ineligible or inadmissible under the usual rules may ask the Minister to grant permanent residence or exempt them from certain requirements, if their circumstances justify it on humanitarian and compassionate grounds. (Justice Laws)

However, H&C is not an “alternative route” to immigration—it is an exceptional measure. The Minister’s discretion is broad, and each case is judged individually. (Government of Canada)

2. Who Can Apply (and Who Cannot)

Eligible Applicants

You may apply for H&C if you:

Are currently living in Canada. (Government of Canada)
Do not qualify for permanent residence under other streams (e.g., economic, family, refugee). (Government of Canada)
Are requesting an exemption from one or more requirements under IRPA or its Regulations. (Government of Canada)

Restrictions & Bars

You cannot have more than one H&C application pending at once. (Government of Canada)
If you have a pending refugee claim, you generally must withdraw it before H&C can be considered. (Government of Canada)
A “one-year bar” often applies: if your refugee claim was refused, abandoned, or withdrawn in the last 12 months, you may not apply for H&C during that period—unless you can show compelling exceptions (e.g. risk to life, best interests of children). (Government of Canada)
Designated foreign nationals have additional limitations and may be barred from applying for a period of years. (Justice Laws)
The Minister cannot use H&C to override serious inadmissibility (e.g. security, organized criminality, human rights violations). (Government of Canada)

3. What Factors Are Considered in an H&C Decision

Because H&C is discretionary, success depends heavily on how well the applicant’s case is presented. Below are the main factors Immigration, Refugees and Citizenship Canada (IRCC) typically examines:

Factor	What It Means	Why It Matters
Establishment in Canada	How well you have built your life here (e.g. employment, education, community involvement)	Strong evidence of root and contribution increases chances (Holthe Immigration Law)
Family Ties & Separation Hardship	The impact on family members if separation occurs	Separation and emotional hardship can be persuasive (Abramovich Immigration Law)
Best Interests of Children	How the decision affects any children directly involved	This is a protected principle and must always be considered (Justice Laws)
Adverse Country Conditions / Hardship on Return	Medical, safety, economic, or social conditions in your home country	Helps show you will suffer undue hardship if forced to leave (Government of Canada)
Health Issues	If you or your dependents have health conditions not treatable at home	Strengthens argument for staying (Holthe Immigration Law)
Length of Residence & Ties Over Time	How many years you have lived in Canada and how connected you are	Longer ties reflect more integration and reliance (meurrensonimmigration.com)

The decision-maker must weigh these factors in a holistic and discretionary way—no single factor guarantees approval. (Holthe Immigration Law)

4. The Process & Timeline

Prepare & File the Application
Include Form IMM 5283 (Supplemental Information for H&C) along with your permanent residence application (if applicable). (Government of Canada)
Provide detailed written explanations and supporting documents for each factor you raise. (Government of Canada)
Stage 1 Assessment
The IRCC officer first evaluates whether sufficient grounds exist to grant “approval-in-principle” (i.e. allow the applicant to stay and proceed with the rest of the application). (Holthe Immigration Law)
Stage 2 Assessment & Final Decision
If Stage 1 is passed, the officer then examines admissibility, background checks, medical and security requirements, and finally decides whether to grant permanent residence or refuse. (Holthe Immigration Law)

Processing Times & Approval Rates

As of late 2024, the approval rate for in-Canada H&C applications is approximately 56 %. (Government of Canada)
Québec’s processing time for H&C can be long — in some cases 49 months, compared to 20 months for many other Canadian jurisdictions. (Government of Canada)
The official processing target ranges from 22 to 36 months under normal conditions. (Government of Canada)

5. Key Tips & Cautions for Applicants

Because H&C is discretionary, the strength of your narrative and the evidence supporting it often make the difference.
Don’t rely solely on inconvenience (e.g. cost or difficulty of returning to your home country) — you must show exceptional hardship beyond what is normally expected. (Government of Canada)
Be transparent and consistent. Any changes in your situation must be promptly reported to IRCC. (Government of Canada)
Withdrawing a refugee claim to make an H&C application carries risks; always consult with a knowledgeable lawyer before doing so. (cleo.on.ca)
Remember: there is no right of appeal if your H&C application is refused. In certain circumstances, you may apply for judicial review by the Federal Court. (Government of Canada)

6. Why H&C Matters: A Bridge of Compassion in Immigration Law

H&C serves as a safety net in the Canadian immigration system. When someone does not fit within standard categories—economic, family, or refugee—but faces unique and difficult circumstances, H&C allows decision-makers to consider the human side of the case. (Government of Canada)

For many individuals and families, an H&C application can mean the difference between detention or removal and stability, community, and safety in Canada. Because of its discretionary nature, proper legal guidance and careful preparation are almost always essential.

If you believe you have compelling humanitarian or compassionate reasons to stay in Canada, our team can help assess your case, organize supporting evidence, and guide you through this demanding but important process.students worldwide.