Humanitarian and compassionate grounds

Humanitarian and compassionate (H&C) permanent residence

1. Officer’s discretion

   H&C: discretionary exemption for those applying for PR; excludes serious inadmissibility and refugee-risk factors

   The Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible (other than under IRPA 34, 35, 35.1 or 37: security, human or international rights violations, sanctions, organized criminality) or does not meet IRPA requirements, examine their circumstances and may grant PR or an exemption if justified by humanitarian and compassionate considerations, taking into account the best interests of a child directly affected; requests from outside Canada may be examined (IRPA 25(1)). Fees must be paid (25(1.1)). In-Canada requests cannot consider the risk factors used for refugee determination under ss. 96-97 but must consider hardship (25(1.3)). IRCC: H&C is for exceptional cases; temporary resident applicants cannot request H&C; applying does not delay removal. The Minister also may not examine a request for an exemption from any criteria or obligations of Division 0.1 (Express Entry invitations) (IRPA 25(1.2)(a.1)).

   Immigration and Refugee Protection Act (S.C. 2001, c. 27), s. 25(1), (1.1), (1.3)Checked October 18, 2026Reference PROT-HC-001
2. Officer’s discretion

   H&C factors: establishment, ties, best interests of the child, health, family violence, separation, hardship

   IRCC Guide 5291 lists examples of factors that may be considered (not limited to): establishment in Canada; an inability to leave Canada that has led to establishment; ties to Canada; best interests of any children affected; health considerations; family violence considerations; consequences of separation from relatives; factors in the country of origin not related to seeking protection; and any hardship the applicant would suffer if the exemption is not granted. Officers make a global assessment case by case.

   Guide 5291 - Humanitarian and Compassionate ConsiderationsChecked October 18, 2026Reference PROT-HC-002
3. Eligibility

   H&C bar: pending H&C, pending refugee claim, or ineligible claim with pending PRRA

   The Minister may not examine an H&C request if: (a) the foreign national already has an H&C request pending; (b) the foreign national has a refugee claim pending before the RPD or RAD; or (b.1) the foreign national made a refugee claim found ineligible for referral to the RPD and has a pending PRRA application (IRPA 25(1.2)). Designated foreign nationals face a 5-year wait (25(1.01)). An S.C. 2026, c. 4 amendment not yet in force will extend the bar in (b) to claims determined eligible for referral.

   Immigration and Refugee Protection Act (S.C. 2001, c. 27), s. 25(1.01), (1.2)(a)-(b.1)Checked October 18, 2026Reference PROT-HC-003
4. Deadline

   H&C one-year bar after a negative RPD/RAD/Federal Court outcome, with BIOC and medical exceptions

   The Minister may not examine an H&C request if less than 12 months have passed since the refugee claim was rejected, or determined withdrawn (after substantive evidence was heard) or abandoned, by the RPD (where no appeal or leave application was made), or otherwise since the latest of the RPD decision, the RAD decision, and the Federal Court's refusal of leave or dismissal of judicial review (IRPA 25(1.2)(c)). The bar does not apply to a foreign national who, if removed, would face a risk to life caused by the inability of their country to provide adequate health or medical care, or whose removal would have an adverse effect on the best interests of a child directly affected (25(1.21)).

   Immigration and Refugee Protection Act (S.C. 2001, c. 27), s. 25(1.2)(c), (1.21)Checked October 18, 2026Reference PROT-HC-004