The application for Humanitarian and Compassionate Grounds (H&C) will be assessed based on the information the applicant provides and a decision will be made based on the applicant’s personal circumstances and whether these particular circumstances merit H&C consideration.  

Applications to become a permanent resident on H&C grounds are approved only in exceptional circumstances. It may take many years to process such an application.

The Immigration and Refugee Protection Act (IRPA) cites a statutory obligation to take into consideration the best interests of the child when examining and deciding the circumstances of a foreign national making a request under section 25(1) of the IRPA. This is one of the strongest factors that can be argued under H&C applications. 

Factors considered in your application include:

• how settled the person is in Canada
• general family ties to Canada
• the best interests of any children involved, and
• what could happen to you if we do not grant the request?

Other rules that apply to humanitarian and compassionate grounds:

• You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
• You cannot have more than one humanitarian and compassionate grounds application at the same time.
• We will not assess risk factors such as persecution, the risk to life, cruel and unusual treatment or punishment.
• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one-year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.) The bar does not apply if:
  • you have children under 18 who would be adversely affected if you were removed from Canada, or
  • you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.

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