A Pathway of Last Resort

Canada's immigration system is known for being both rules-based and fair. But not every immigration case fits neatly into the established programs or categories. For those who find themselves without a clear path to remain in Canada, there is one final option: applying for permanent residence on Humanitarian and Compassionate (H&C) grounds.

An H&C application allows people with compelling personal circumstances to request an exemption from standard immigration requirements. It is a powerful—but complex—tool for those who would face hardship if forced to leave Canada.

In this article, we explore what H&C grounds are, who can apply, what kinds of factors are considered, and how to strengthen your application.

What Is a Humanitarian and Compassionate (H&C) Application?

An H&C application is a special request to Immigration, Refugees and Citizenship Canada (IRCC) to grant permanent residency based on compelling personal circumstances. It is meant for individuals who would not otherwise qualify under a regular immigration stream (e.g., Express Entry, Family Sponsorship, Study or Work Permits).

Applicants must demonstrate that removing them from Canada would cause undue hardship or that their personal circumstances warrant special consideration.

Importantly:

• You can only apply from within Canada.

• You must show why your situation deserves an exemption from immigration rules.

• The application is entirely discretionary—there are no guarantees.

Who Can Apply on H&C Grounds?

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

• You are currently living in Canada without legal status (e.g., overstayed visa, refused refugee claim)

• You have a pending removal order but want to remain in Canada

• You are facing personal or family hardship if forced to leave

• You are well-established in Canada and leaving would disrupt your life or the lives of your family members

You cannot apply for H&C consideration if you:

• Have an active refugee claim in process

• Have had a negative refugee decision within the last 12 months (unless there are exceptional circumstances)

What Factors Does IRCC Consider?

When reviewing H&C applications, IRCC looks at all the circumstances of the applicant, including but not limited to:

1. Establishment in Canada

• How long you have lived in Canada

• Employment history and community involvement

• Whether you have Canadian children enrolled in school

• Language skills and integration

2. Hardship if Removed

• Medical conditions and lack of care in your home country

• Risks to safety due to conflict, violence, or persecution (note: different from refugee claim)

• Financial or emotional hardship

3. Best Interests of Children

If you have children who are Canadian citizens or permanent residents, their well-being will be a significant factor. IRCC must consider:

• Disruption to education or healthcare

• Emotional and psychological impact

• Stability and family unity

4. Ties to Canada

• Support networks such as extended family, friends, or community organizations

• Cultural adaptation and contributions to Canadian society

H&C applications are highly personalized. There is no checklist. Instead, the strength of your narrative and supporting documents can determine success.

Common Situations Where H&C Applications Are Used

• A parent who has lived in Canada for several years raising Canadian-born children

• Someone who has been working and contributing to their community without status

• A person caring for a relative with medical needs

• A failed refugee claimant who would face hardship if returned home, but not necessarily persecution

• Victims of domestic violence or abuse who cannot return to their home country

How to Strengthen an H&C Application

Success is never guaranteed, but a well-prepared H&C application significantly increases your chances. Here are key ways to strengthen your case:

1. Document Your Establishment

• Proof of employment, education, tax returns, and leases

• Letters from employers, schools, religious groups, or community leaders

• Evidence of volunteer work or social involvement

2. Provide Medical or Psychological Reports

• Reports from doctors or therapists about your health condition

• Letters explaining the lack of care or support in your country of origin

3. Support the Best Interests of Children

• School reports, teacher letters, medical records, or psychological assessments

• Letters from child welfare professionals or community leaders

4. Explain the Consequences of Removal

• Country conditions reports or news articles

• Personal letters detailing what life would be like if you returned home

Every application should include a detailed personal statement, explaining why you are applying and why your case deserves compassion.

Can You Apply for a Work Permit While Waiting?

Yes. Once you have submitted an H&C application and approved at the first stage, you may also apply for a temporary resident permit (TRP) or an open work permit if you are eligible. This allows you to legally work in Canada while your application is processed through the final stage.

Processing Time and Outcomes

H&C applications take 12–24 months on average to process. Outcomes vary widely depending on the complexity of the case and the evidence submitted.

If approved, you may receive permanent resident status. If refused, you may:

• File a request for reconsideration (in limited situations)

• Apply for a judicial review in Federal Court (within 15 days of the decision)

Why Legal Support Is Critical

H&C applications are among the most complex in Canadian immigration. Each case is unique, and the law gives wide discretion to decision-makers. A lawyer can help you:

• Prepare a persuasive personal narrative

• Gather and organize strong supporting documents

• Ensure deadlines and eligibility requirements are met

• Present your case in a respectful, professional, and legally sound way

We’ve helped many individuals and families remain in Canada under H&C grounds and rebuild their lives with dignity.

Final Thoughts

An H&C application is not just about legal rules - it’s about your life story. While the process can be lengthy and uncertain, it remains a critical pathway for many individuals who have made Canada their home and seek compassion from the system.

If you're in a difficult situation and believe you deserve another chance, don’t navigate it alone.

Book a confidential consultation with our immigration lawyers today. We’ll review your eligibility and help you build the strongest possible case for humanitarian and compassionate consideration.