01 — Overview
What H&C means
People who would not normally qualify for permanent residence may ask IRCC to consider exceptional humanitarian and compassionate factors. Officers assess the evidence as a whole and decide each case individually.
Relevant factors may include establishment in Canada, family ties, the best interests of affected children and the consequences of refusing the request. H&C is not a substitute for a refugee claim and has important legal restrictions.
02
Factors commonly presented
Establishment in Canada
Evidence of the person’s length and quality of residence, employment, education, community involvement and responsible conduct.
Family ties and dependency
The nature of close relationships in Canada and the practical impact of separation.
Best interests of children
A careful, child-centred assessment of how the decision would affect any directly impacted child.
Hardship and country conditions
Personalized consequences supported by credible evidence, distinct from refugee-risk factors IRCC cannot assess under H&C.
03
Questions requiring careful review
- Whether the person may legally make an H&C request
- Any pending or recently refused refugee claim and applicable bars
- Any removal order and the fact that an H&C filing does not automatically stop removal
- The quality, relevance and reliability of the supporting evidence
- The effect on children and other dependent family members
- Whether another immigration route is available
04
A careful evidence process
- 01
Screen restrictions
Review refugee, designated-foreign-national, removal and multiple-application restrictions before filing.
- 02
Develop the case theory
Identify the specific exceptional factors and how the evidence connects to them.
- 03
Submit a complete record
Provide forms, narrative submissions and organized documentary evidence.
- 04
Keep the record current
Update IRCC when material circumstances or evidence change while the application is being decided.
05
Important cautions
- An H&C application does not automatically delay or prevent removal from Canada.
- A person with a pending refugee claim generally cannot make an H&C application without first withdrawing the claim before the hearing.
- A one-year bar may follow a negative refugee decision, subject to limited exceptions.
- There is no right of appeal from an H&C refusal, although judicial review may be available in some cases.
Official sources
Verify the current rules at the source.
This page provides general information, not legal advice. Program status, criteria and intake can change. Confirm the current official instructions before applying.