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.
Most cases take 12 to 24 months or longer. Processing times vary depending on complexity and volume.
Yes. You may include your spouse and dependent children, even if they are outside Canada.
Yes, but overseas H&C applications are rare and must show extreme hardship or compelling humanitarian factors.
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.
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.