Humanitarian and Compassionate Applications

A humanitarian and compassionate application is one of the most serious and demanding applications in Canadian immigration law. It is not a fallback option for people who simply do not qualify elsewhere. It is a remedy for genuinely compelling circumstances, and it requires evidence, legal skill, and honest self-assessment to pursue effectively.

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What Is an H&C Application

Under section 25 of the Immigration and Refugee Protection Act, the Minister of Immigration has discretionary authority to grant permanent residence to a foreign national who would not otherwise be eligible, if doing so is justified by humanitarian and compassionate considerations.

An H&C application is not a general pathway for people who have run out of other options. It is a discretionary remedy that requires the applicant to demonstrate compelling circumstances that go beyond ordinary hardship.

H&C approvals are limited under Canada's Immigration Levels Plan and those limits are shrinking. IRCC approved approximately 10,000 H&C and related humanitarian cases in 2025, with that number projected to fall to 6,900 in 2026 and 4,300 in 2027. With demand far outstripping the available space, only the most carefully prepared and genuinely compelling applications stand a realistic chance of success.

Is H&C the Right Option for You?

An H&C application may be appropriate where there are compelling personal circumstances that justify an exemption from the usual immigration rules. It is not the right option for every difficult immigration situation.

Before filing, it is important to ask:

1. Are there other immigration pathways available?
2. Is there enough evidence to support the hardship being claimed?
3. Are children directly affected by the decision?
4. Has the applicant built meaningful establishment in Canada?
5. Are there removal, inadmissibility, or timing issues?
6. Has there been a previous refusal or refugee claim?
7. Would filing an H&C application help or complicate the broader strategy?

A careful assessment at the beginning can prevent weak applications, unrealistic expectations, and avoidable refusals.

Inside Canada vs Outside Canada

IN-CANADA H&C APPLICATION

For foreign nationals who are physically present in Canada, whether in valid status or out of status, seeking to apply for permanent residence based on H&C considerations from within Canada. The in-Canada H&C pathway considers a broad range of factors, with particular weight given to the degree to which the applicant has established themselves in Canada, through work, community involvement, family ties, language ability, and integration, and to the best interests of any children directly affected. An in-Canada H&C application does not automatically stay a removal order. Processing times are long and have been increasing.

Restrictions: You cannot apply if you have an active refugee claim, or if your refugee claim was refused or abandoned within the past 12 months. H&C cannot be used to address the most serious inadmissibilities, including security grounds, human rights violations, and organized criminality.

OUTSIDE CANADA H&C APPLICATION

For foreign nationals applying from outside Canada who would not otherwise qualify for permanent residence under any standard immigration program. The outside Canada H&C pathway allows applicants to request an exemption from the requirement to apply under an existing immigration class, for example, where a family sponsorship is not available or where an inadmissibility prevents a standard application from proceeding.

Note: Risk of persecution, risk to life, and risk of cruel and unusual treatment are not grounds for an H&C application, applicants in those circumstances should consider refugee protection instead.

What Officers Consider

Officers assessing H&C applications are required to consider all relevant circumstances and to weigh them holistically, not as a checklist. Key factors include:

1. Establishment in Canada (for in-Canada applications): length of time in Canada, employment history, community involvement, language ability, family ties, financial contributions
2. Best interests of children: wellbeing, stability, and impact of the decision on children directly affected
3. Hardship if required to leave or remain outside Canada: nature and severity of hardship, access to medical care, family separation, economic hardship
4. Adverse country conditions: conditions in the applicant's country that would exacerbate hardship on return
5. Family ties to Canada: existence and nature of family relationships in Canada
6. Health considerations: serious medical conditions particularly where access to adequate treatment abroad is limited

The Evidence Matters

A strong H&C application is built on evidence. Officers are not deciding only whether they feel sympathy for the applicant. They are reviewing whether the circumstances, supported by documents, justify an exemption from the usual requirements of Canadian immigration law.

Depending on the case, evidence may include:

1. Employment records
2. Tax documents
3. School records
4. Medical records
5. Counselling or support letters
6. Community involvement letters
7. Evidence of family relationships in Canada
8. Evidence about children directly affected
9. Country condition evidence
10. Financial records
11. Housing records
12. Evidence of hardship on return
13. Letters from employers, teachers, religious leaders, or community members

The goal is not to upload as many documents as possible. The goal is to provide the right documents and explain why they matter. That is why the MyVisa Team works closely with you to understand your situation and advise on the required documents in support of your application, to give you the best chance of success.

How We Assist H&C Applicants

Humanitarian and compassionate applications require more than telling a difficult story. The application must connect the facts of your life to the legal factors that officers are required to consider, and it must be supported by clear, credible, and organized evidence.

The MyVisa Team assists applicants by reviewing whether an H&C application is appropriate, identifying the strongest legal and factual arguments, assessing the evidence available, and preparing submissions that explain why discretionary relief is justified.

We can assist if you are:

1. Living in Canada without a clear pathway to permanent residence
2. Concerned about removal from Canada
3. Supporting children who would be directly affected by your immigration outcome
4. Established in Canada through work, school, community, or family ties
5. Facing hardship if required to leave Canada
6. Applying from outside Canada because a standard immigration pathway is not available
7. Responding to concerns raised by IRCC
8. Trying to understand a refused H&C application

What Makes an H&C Application Weak?

H&C applications are often refused when they are not properly prepared. Common problems include:

1. Treating H&C as a last resort rather than a discretionary remedy
2. Relying on hardship that is too general
3. Providing personal statements without supporting evidence
4. Failing to explain the best interests of children in detail
5. Submitting country condition evidence without connecting it to the applicant’s situation
6. Overlooking negative immigration history instead of addressing it directly
7. Filing before the evidence is ready
8. Assuming that long residence in Canada is enough on its own
9. Submitting documents without a clear legal narrative
10. Not explaining why an exemption from the normal rules is justified

If Your H&C Application Was Refused

A refused H&C application should be reviewed carefully before deciding what to do next. The refusal may turn on the officer’s assessment of hardship, establishment, the best interests of children, country conditions, credibility, or the sufficiency of the evidence.

In some cases, it may be possible to submit a stronger new application. In other cases, the refusal may need to be reviewed for possible judicial review at the Federal Court.

Before reapplying, it is important to understand why the first application was refused. Repeating the same evidence or arguments may lead to the same result.

Learn more about how we assist applicants facing refusals: H&C Refusals

The MyVisa H&C Process

Facing genuinely compelling circumstances? Start with an honest conversation.

H&C applications are serious, discretionary, and evidence driven. Before you file, reapply, or respond to a refusal, it is important to understand whether the application is appropriate, what evidence is needed, and what risks may affect the case.

The MyVisa Team can help you assess whether H&C is the right option and what it would take to prepare the strongest application possible.