Humanitarian and Compassionate Grounds (H&C) Permanent Residence

Humanitarian and Compassionate Grounds (H&C) Permanent Residence


For individuals facing exceptional hardship, Canada offers a discretionary pathway to permanent residence when no other immigration option applies.

What is an H&C Application?


The Humanitarian and Compassionate (H&C) application allows foreign nationals who would otherwise be ineligible for permanent residence to request an exemption based on compelling personal circumstances.

This pathway is assessed on a case-by-case basis and is meant for those with exceptional hardship who are either in Canada or applying for a permanent resident visa from abroad.

Who Can Apply Under H&C?


You may apply for permanent residence on H&C grounds if:

●  You are not eligible for any other immigration class

●  You are applying for PR from within Canada or overseas due to exceptional hardship

●  You are not inadmissible due to serious criminality or security concerns

●  You are not using H&C grounds to avoid risk-based assessments (e.g., persecution or torture – those are covered under asylum or PRRA)

Important Notes:

●  You cannot have more than one H&C application in process at the same time

●  Filing an H&C does not delay or stop deportation, unless a Pre-Removal Risk Assessment (PRRA) is also in process

Key Factors Considered


IRCC considers many elements when evaluating H&C applications, including:

●  Establishment in Canada: length of stay, employment, community involvement

●  General family ties in Canada (not limited to spouses or children)

●  Best interests of any children affected (in Canada or abroad)

●  Medical conditions that cannot be treated in your home country

●  Adverse country conditions (e.g., war, lack of human rights)

●  Consequences of family separation, especially for dependents

●  History of family violence, trauma, or gender-based discrimination

●  Any other unique or compelling hardship

There is no interview in most H&C cases. The decision is based solely on your written submission and supporting evidence.

Application Process


1.  Determine eligibility and ensure no better-suited immigration pathway applies

2.  Gather supporting evidence, including documents about your stay, family, hardship, medical, and social ties

3.  Complete and submit the H&C application package (IMM 5283 and associated forms)

4.  Pay the government fees and biometrics if applicable

5.  Wait for IRCC decision — processing times may take 12–24 months or more

6.  If refused, judicial review at the Federal Court may be available (no appeal)

Limitations and Risk


●  You cannot use an H&C application to make a refugee-like claim (e.g., persecution, risk to life) — those must go through the asylum or PRRA process

●  Filing an H&C application does not prevent deportation unless:

●  You have a PRRA in process

●  CBSA grants you a temporary deferral

●  There is no right to appeal a refused H&C decision. You can only seek judicial review through the Federal Court.

Frequently Asked Questions

Frequently Asked Questions

How long does an H&C application take?

Most cases take 12 to 24 months or longer. Processing times vary depending on complexity and volume.

Can I include family members in my application?

Yes. You may include your spouse and dependent children, even if they are outside Canada.

Can I apply for an H&C from outside Canada?

Yes, but overseas H&C applications are rare and must show extreme hardship or compelling humanitarian factors.

Does an H&C application stop my deportation?

No. Filing an H&C alone does not delay removal. You may also need to apply for a PRRA or request a deferral from CBSA.

Can I work or study while waiting for a decision?

You may apply for a work or study permit separately if you are eligible. IRCC may approve permits on a discretionary basis while the H&C is being processed.

Facing Exceptional Circumstances in Canada? We Can Help.


If you are at risk of removal or have no other pathway to stay in Canada, a Humanitarian and Compassionate application may be your last opportunity. Sapra Immigration can guide you through building a strong, evidence-based case to present to IRCC.