Applying for Permanent Residency in Canada on Humanitarian and Compassionate Grounds
- Hossein Alavi, RCIC
- Aug 25
- 8 min read
As a Regulated Canadian Immigration Consultant (RCIC-IRB) at Immigrative Visa Services, I often meet clients who feel stuck in their immigration journey. With fewer immigration options available, applying for permanent residency (PR) on Humanitarian and Compassionate grounds (H&C) in Canada is gaining attention. This isn’t a typical immigration stream—it’s a special option for those facing unique challenges who don’t qualify under programs like Express Entry or family sponsorship. It’s not a quick fix and is very different from refugee claims. Let’s break down what an H&C permanent residency application is, who can apply, and why professional help is critical.
What Is an H&C Application in Canada?
H&C applications, under section A25 of the Immigration and Refugee Protection Act (IRPA), allow Immigration, Refugees and Citizenship Canada (IRCC) to grant PR to foreign nationals who face “unusual, undeserved, or disproportionate hardship” if they must leave Canada. It’s like asking IRCC for an exception because your situation is compelling enough to justify staying. H&C requests can also be made from outside Canada as part of a permanent resident visa application, though these are uncommon and highly discretionary.
Unlike refugee claims, which focus on persecution and are handled by the Immigration and Refugee Board (IRB), humanitarian and compassionate grounds Canada applications focus on personal circumstances—such as family ties, community roots, or hardships in one's home country—that make leaving Canada particularly difficult. Success hinges on strong, well-documented evidence, which is why working with an experienced RCIC, like those at Immigrative, is essential.
Quick Facts about H&C Applications
Not a refugee claim.
Takes around 24 months outside Quebec and 50 months in Quebec to be processed.
No automatic work permit.
Success depends on strong evidence.
Who Can Apply for H&C in Canada?
You may be eligible to apply for PR on H&C Canada if:
You’re living in Canada, or, in some cases, applying from abroad (e.g., as part of a PR visa application).
You need an exemption from IRPA requirements because you don’t qualify for other PR streams.
You can show significant hardship if forced to apply from outside Canada.
You cannot apply if:
You’re a Canadian citizen or permanent resident.
You have a pending refugee claim, or your refugee claim was rejected, withdrawn, or abandoned in the last 12 months, or you had a negative Pre-Removal Risk Assessment (PRRA) in the last 12 months (exceptions exist for cases involving the best interests of children under 18 or life-threatening medical conditions).
You’re a designated foreign national (e.g., involved in irregular arrivals) within 5 years.
You’re inadmissible for serious reasons like security, human rights violations, or organized crime. For criminal inadmissibility, rehabilitation is usually required, though in exceptional cases H&C relief may be considered.
If you’re under a removal order, submitting an H&C application won’t delay your departure—you must leave Canada on the specified date. If you leave voluntarily during processing, your inland H&C application may be treated as abandoned, so consult a professional before making decisions. If approved after removal, you may still be able to return as a permanent resident with proper authorization.
Note: Submitting multiple H&C applications doesn’t increase your chances; each case must be unique and well-documented.
How Does H&C Differ from Other Immigration Pathways?
An H&C permanent residency application is unique and not a substitute for other programs:
Refugee Claims: Handled by the IRB, these are for those facing persecution, torture, or life-threatening risks. H&C is for hardships, not refugee-level dangers.
Pre-Removal Risk Assessment (PRRA): Available before removal, PRRA is narrower, focusing only on risks like torture or cruel treatment, unlike H&C’s broader hardship focus.
Express Entry/Provincial Nominee Programs (PNPs): These are points-based economic streams for skilled workers, with strict eligibility criteria unlike H&C’s discretionary nature.
Understanding these differences helps clarify when H&C is the right path.
Key Factors IRCC Considers
IRCC reviews H&C applications case by case, balancing factors like:
Establishment in Canada: Your integration through work, education, or community involvement.
Family ties: Connections to Canadian citizens or PRs and the impact of separation.
Best interests of children: The well-being of kids under 18, considering their education, health, or stability.
Hardship: Challenges you’d face if you leave, like medical issues, social stigma, or economic barriers.
Other compelling factors: Unique circumstances, like contributions to Canada or non-refugee risks abroad.
Best Interests of the Child: A Key Consideration
When children under 18 are involved, IRCC gives their well-being “substantial weight” under IRPA. This includes:
Education: Access to schooling and stability in their academic progress.
Health: Availability of medical care or therapies critical to their needs.
Emotional well-being: The impact of separation from family or a familiar environment.
For example, one of our clients, a caregiver from the Philippines with 15 years in Canada, was approved for PR after demonstrating strong community ties and the best interests of her Canadian-born children, who were thriving in school. This factor resonates deeply with parents, but it’s just one of many IRCC considers, and strong evidence is crucial.
Common Situations for H&C Applications
Based on IRCC guidelines and my experience, here are a few scenarios where humanitarian and compassionate grounds in Canada applications might apply, with clear examples. These aren’t exhaustive, and each case needs tailored documentation to succeed.
Strong family ties in Canada: You have deep connections to your Canadian family, and separation would cause emotional or financial hardship.
Example: A woman from Mexico has lived in Canada for 10 years with her Canadian-citizen children. Her kids are settled in school, and leaving would disrupt their family unit and support system.
Best interests of children: Children under 18 would face significant harm if forced to leave.
Example: A couple from India has a child with special needs receiving therapy in Canada that’s unavailable in their home country. Relocating would harm the child’s development.
Long-term integration in Canada: You’ve built a life here through work, studies, or community ties.
Example: A person from the Philippines arrived on a temporary visa, gained legal work authorization (e.g., through a Labour Market Impact Assessment or open work permit), and has worked as a caregiver for 12 years. They’ve bought a home and are active in their community.
Medical conditions requiring Canadian care: Your health issue can’t be treated adequately in your home country.
Example: A man from Nigeria with a chronic illness relies on specialized treatment in Canada; returning home means no access to necessary medication.
Victims of family violence: You escaped an abusive relationship in your home country or in Canada and have established a new life here.
Example: A woman from Pakistan fled domestic violence from her family (e.g., parents or siblings) due to cultural pressures, such as forced marriage. She’s now independent in Canada with a job, and her children are settled in school, but returning home risks ongoing threats and social stigma from her community.
Social or cultural challenges in home country: You face discrimination (e.g., based on gender or religion) that’s severe but not refugee-level persecution.
Example: A woman from a South Asian country faces intense gender-based discrimination in employment and social settings; she’s built a stable life in Canada where she’s treated equally.
Economic contributions to Canada: You’ve invested in or support Canada’s economy.
Example: A business owner from China runs a small company employing Canadians; leaving would cause job losses and financial strain.
Community involvement: You’re deeply engaged in local activities or volunteering.
Example: A resident from Vietnam volunteers at a community center and leads cultural events; their absence would impact the community.
Caring for elderly or dependent relatives: You support Canadian family members who rely on you.
Example: A caregiver from Colombia looks after her elderly Canadian aunt, with no other local family to support her; leaving would leave her aunt without support.
Environmental or political instability: Your home country faces disruptions like natural disasters, not amounting to refugee grounds.
Example: A family from a Caribbean nation lost their home to a hurricane; they’ve rebuilt their lives in Canada and fear instability if they return.
Adoption or guardianship: You’re raising children or relatives in Canada.
Example: An aunt from Peru is the legal guardian of her Canadian-citizen niece; returning would place the child in foster care.
Disability-related barriers: Your home country lacks accessibility or support for disabilities.
Example: A person with mobility issues from Brazil benefits from Canada’s accessible infrastructure; returning means facing unsafe conditions.
Psychological trauma: Mental health issues would worsen if you leave.
Example: A person from Syria with PTSD receives therapy in Canada; returning risks triggering severe symptoms due to past trauma.
Financial interdependence: You support Canadian family members economically.
Example: A worker from Mexico is the primary earner for his Canadian-citizen children; leaving would cause financial collapse.
Minority challenges: You face exclusion as a cultural or religious minority.
Example: A religious minority from Egypt has integrated into a Canadian community, which risks social isolation and restricted worship.
What Documents Do You Need for an H&C Application?
H&C applications require meticulous preparation. You need to clearly explain your hardships and back them up with evidence, like:
Letters from employers, community leaders, or schools.
Medical or psychological reports.
Proof of family ties or contributions to Canada.
A common mistake is assuming a compelling story is enough. Without proper documentation and a well-structured application, even strong cases can be refused. This is where an experienced RCIC can make a difference. At Immigrative, we help clients gather evidence, craft compelling submissions, and navigate IRCC’s expectations to maximize success.
Can You Work or Study While Your H&C Application Is Processing?
An H&C application itself doesn’t grant work or study authorization. To work or study while your application is processing, you must:
Maintain a valid temporary status (e.g., visitor, worker, or student status).
Apply for a work or study permit separately if eligible.
Many clients assume H&C automatically allows them to work, but this isn’t true. Consult with an RCIC to explore your options for maintaining status during the process.
The Reality and Challenges of H&C
With immigration pathways tightening, H&C is often discussed as an alternative, but it’s not a loophole or an easy route. Here are some realities:
High refusal rates: Only exceptional cases succeed, and IRCC scrutinizes every detail.
Long processing times: Processing often takes over two years (around 24 months outside Quebec and 50 months in Quebec), depending on the case.
No delay of removal: If you’re under a removal order, H&C won’t stop deportation.
Not for refugees: H&C is for hardships, not persecution. If you fear for your life, explore asylum instead.
Evidence is everything: Vague claims or weak proof lead to refusals.
Frequently Asked Questions (FAQs)
Does applying for H&C stop deportation?
No, an H&C application doesn’t delay or stop a removal order. You must leave Canada on the specified date, but your application may continue processing. If approved, you could return as a permanent resident.
How long does an H&C application take?
Processing typically takes around 24 months outside Quebec and 50 months in Quebec, though complex cases may take longer. Check IRCC’s website for current processing times.
Can I work while my H&C is processing?
H&C doesn’t grant work authorization. You need a valid temporary status or a separate work permit to work legally.
What are my chances of success?
Success depends on your case’s strength and evidence. Approval rates vary, but only compelling, well-documented cases succeed.
Final Thoughts
Applying for PR on H&C grounds can be a lifeline for those with compelling reasons to stay, but it demands careful planning and robust evidence. The process is complex, with no room for shortcuts. If you or a loved one is considering an H&C permanent residency application, don’t leave it to chance. These cases are challenging, and even small mistakes can lead to refusal. At Immigrative, we’ve successfully represented clients in diverse situations — from parents establishing the best interests of their Canadian children, to individuals with long-term community ties, to applicants facing serious medical or social hardships. Book a consultation with our experienced team today to find out how we can build the strongest case possible for you and secure your future in Canada.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and its outcome depends on individual circumstances and the evidence presented. Reading this blog does not create a consultant–client relationship with Immigrative Visa Services Inc. For personalized advice about your situation, please book a consultation with a Regulated Canadian Immigration Consultant (RCIC).