What an H&C application is
Section 25 of the Immigration and Refugee Protection Act lets the Minister grant permanent residence, or an exemption from a requirement of the Act, when humanitarian and compassionate considerations justify it. It is an exceptional, discretionary remedy for people who don't fit another program. It is not an appeal and not a refugee claim.
Most H&C applications are made by people who are already in Canada and ask to apply for permanent residence from inside Canada.
Factors IRCC weighs
IRCC looks at the whole situation. Common factors include:
- your establishment in Canada (work, studies, community involvement, length of stay);
- your family ties in Canada;
- the best interests of any child directly affected;
- the hardship you would face if you had to leave, including health, family violence or conditions in your home country;
- your immigration history.
No single factor decides the outcome, and the burden is on you to provide evidence.
Bars and limits (as of 2026-10-11)
- One H&C application at a time.
- You can't apply while a refugee claim is pending.
- After a negative decision from the Immigration and Refugee Board's Refugee Protection Division or Refugee Appeal Division, there is generally a 12-month bar, with exceptions such as the best interests of a child or a serious medical risk.
- IRCC doesn't assess risk factors that belong to a refugee claim or a pre-removal risk assessment.
- An H&C application doesn't give you status and doesn't stop a removal on its own.
Timelines and fees
H&C applications can take many years. In its March 2026 briefing to the House of Commons immigration committee, IRCC said most new H&C applicants "can expect to wait more than 10 years". Fees changed on 30 April 2026; see the IRCC fee list. The forms and document checklist are in Guide 5291.
Because of these delays, it is worth checking first whether another pathway fits, such as family sponsorship, Express Entry or a provincial program.
What we don't do
Our licence (CICC Class L2) covers applications to IRCC, including H&C applications. It doesn't allow us to represent clients before the Immigration and Refugee Board or the Federal Court, so we refer refugee claims, appeals and judicial reviews to a lawyer or an RCIC-IRB (Class L3) licensee. See our scope of practice and refused applications.
Recent changes
- 30 April 2026: new IRCC fees.
- 23 March 2026: IRCC tells the House of Commons immigration committee that most new H&C applicants can expect to wait more than 10 years.
How we can help
Anasse Boulbaroud, RCIC, can assess whether an H&C application is the right route, compare it with other options, help you organize your evidence and written submissions, and prepare the application. Only IRCC decides, and no one can predict the outcome of a discretionary decision. Book a consultation.