Humanitarian and Compassionate Grounds PR in Canada: Eligibility, Process, and Key Insights
What Is H&C Permanent Residence?
Humanitarian and Compassionate (H&C) applications are a unique pathway to permanent residence (PR) in Canada. Unlike typical immigration streams, such as economic immigration, family sponsorship, or refugee status, H&C applications are designed for individuals already in Canada who are ineligible under standard immigration categories.
Specifically, under Section 25(1) of the Immigration and Refugee Protection Act (IRPA), IRCC may grant permanent residence if:
you're in Canada,
you cannot apply through regular immigration streams,
and you can demonstrate exceptional personal circumstances that warrant an exemption from certain IRPA requirements.
These are discretionary decisions, meaning each case is assessed individually, and approval is based on compelling evidence.
Who Is Eligible to Apply?
You may apply for H&C consideration if:
You're in Canada temporarily or without valid status.
You're not eligible through other immigration classes (such as economic programs (Express Entry), family sponsorship, refugee status, or Temporary Resident Permits).
You require an exemption from one or more IRPA requirements.
You cannot apply if:
You’re a Canadian citizen or already a permanent resident.
You have an outstanding refugee claim or made one in the past year (12-month bar applies, with limited exceptions for child welfare or risk-related circumstances).
You’re a “designated foreign national,” which bars H&C eligibility for at least five years.
What Factors Does IRCC Consider?
When assessing an H&C application, Immigration, Refugees and Citizenship Canada (IRCC) does not follow a rigid checklist. Instead, officers exercise discretion and consider the unique circumstances of each applicant. Your application must clearly demonstrate compelling reasons why you should be granted permanent residence despite not meeting the usual immigration requirements. These often include:
Establishment in Canada: Strong ties such as steady work, education, community involvement, or property ownership can show that your life is firmly rooted in Canada.
Best interests of any child: This is a major consideration. IRCC assesses how refusal or removal would affect a child’s well-being, stability, education, and access to healthcare in Canada.
Inability to leave Canada: Medical needs, trauma, or other serious barriers may make leaving unsafe or impossible. Supporting evidence (such as medical records) is critical.
Family violence or hardship: If you have experienced domestic abuse or other hardship, IRCC may consider the risks of returning to unsafe or harmful conditions.
Country-of-origin conditions: Political instability, lack of healthcare, or risk of persecution may weigh in your favour, particularly if combined with the other factors above.
Importantly, inconvenience or cost of returning home alone is not sufficient. You must demonstrate exceptional and compelling hardship.
How to Apply
Gather Required Forms
Use the IRCC’s online PR application portal and complete:IMM 0008 – Generic application
IMM 5669 – Background/Declaration
IMM 5406 – Additional Family Information
IMM 5283 – Supplementary information for H&C grounds
Prepare Your Case
Clearly identify the exemptions you're requesting, explain your unique circumstances, and provide evidence to support them.Use Document Checklist
Organize your application according to IRCC’s checklist (IMM 5280). Ensure all documents are complete and accurate.Submit Online
Apply through the Permanent Residence portal. If you need another format (paper, braille), you may contact IRCC for accommodations.
How Long Does It Take? Approval Rates?
Recent data indicates that average processing times (as of August 2025) are the following:
Outside Quebec: approximately 24 months
Quebec: approximately 50 months
Between January 2020 to late 2024, over 27,500 H&C applications were approved, and almost 21,300 applications were refused. This highlights an approval rate of approximately 56% in recent years.
Final Thoughts
A successful H&C application is not based on one single factor. Instead, IRCC considers the entire picture of your life in Canada and abroad. The stronger your evidence in multiple areas, the greater your chances of success.
H&C permanent residence is a lifeline for individuals in truly challenging circumstances, but it requires meticulous preparation and compelling evidence. Whether it's health concerns, family hardship, or best interests of a child, every detail matters.
If you are unsure whether H&C is right for your situation, or need help navigating the application, please do not hesitate to reach out to our experienced law firm at rharding@hardingimmigrationlaw.com or book a consultation here.
