Humanitarian and Compassionate Grounds For Permanent Residence
Canada grants permanent residence in exceptional cases to individuals who meet certain criteria that fall under the “Humanitarian and Compassionate Grounds” category.
When you apply for permanent residence under the Humanitarian And Compassionate category (H&C), you are telling the Canadian government that you or your family members are in a situation of danger or hardship, which are insurmountable and are associated with extreme emotional distress and often losses, if you stay or return to your home country.
The specific feature of Humanitarian And Compassionate Grounds based immigration is that gives us a chance to obtain Canadian permanent residence to those people who would otherwise be unqualified to get it. It makes a program rather flexible.
When deciding on a Humanitarian And Compassionate Grounds case, the officer not only determined if you meet the eligibility criteria for the program. In fact, the officer considers your case to understand whether your circumstances are outstanding and extraordinary enough to make an exemption from standard procedure.
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Humanitarian And Compassionate Grounds
Proof of Humanitarian And Compassionate Grounds
This, in turn, means that you have to provide substantial and clear proof of your circumstances. These include letters, photographs, official documents medical examinations etc. In judging this proof, the officer must determine what is more possible – that you are telling the truth or that you are embellishing the true nature of things.
The officer also must decide on the likelihood of extreme hardship should you stay in your home country or be forced to come back to it (if you are already in Canada).
If you are in Canada already, the officer also determines how well established you are in Canada and how your removal to your home country might cause you undue hardship.
The factors considered in this case may include the time you have spent in Canada, your criminal record in Canada, the history of your employment, your involvement with community groups, volunteering or other communities, your good financial standing and finance management etc.
In other words, the officer needs to decide if you will be a burden to the Canadian society or if you can support yourself and contribute to your local communities and Canada in general.
The officers will also take into consideration the best interests of a child if you have any.
There are also some interesting features to consider. You may not have more than one H&C application at a time. If you have a pending refugee claim, you can’t apply for permanent residence on Humanitarian And Compassionate grounds.
If you had a negative decision from the Immigration & Refugee Board of Canada (IRB) within the last 12 months, you can’t apply for PR under Humanitarian And Compassionate grounds. There are some exceptions to this requirement, involving your children or life-threatening medical conditions.
Who we help with H&C applications
An H&C application is for people who do not fit any regular immigration program but have strong reasons to stay in Canada. We most often act for:
- Long-term residents who lost status after a work permit, study permit or refugee claim ended, and who have built a life here.
- Parents of Canadian-born children, where removal would hurt the child.
- Spouses and partners who cannot be sponsored through the usual family class route.
- People facing serious hardship at home: discrimination, gender-based or family violence, or lack of medical care.
- Applicants who need an exemption from a rule that would otherwise block their permanent residence.
What the officer weighs
Since the Supreme Court of Canada’s decision in Kanthasamy (2015), officers must look at your whole situation, not run down a checklist. The factors that carry the most weight are:
- Establishment in Canada: years here, work history, taxes, property or lease, studies, volunteering and community ties.
- Best interests of any child directly affected, whether the child is Canadian or not.
- Hardship on return: conditions in your home country and how they would affect you specifically.
- Family ties in Canada and the effect of separation.
- Health: medical needs and whether treatment would be available to you at home.
An H&C application is not a risk assessment. If you fear persecution or danger, that belongs in a refugee claim or a Pre-Removal Risk Assessment, and we will tell you which route fits.
How we build your application
- Case review. We confirm you are not barred (for example by a pending refugee claim or a negative refugee decision in the last 12 months) and decide whether H&C is your strongest option.
- Evidence plan. We give you a list built for your facts: pay stubs, tax returns, leases, school and medical letters, community letters and country reports.
- Submissions. We write the legal submissions that tie your evidence to each factor, citing current case law.
- Filing and follow-up. We file through the IRCC portal, answer officer requests and keep you updated until a decision.
- If refused. Our associate immigration lawyer can seek judicial review in the Federal Court. The deadline is 15 days for decisions made in Canada, so call us the day you receive a refusal.
What an approval gives you
H&C applications are decided in two stages. Stage one is approval in principle on humanitarian grounds. Stage two checks admissibility (medical, criminal and security) and then grants permanent residence.
- Applicants in Canada approved in principle are generally protected from removal while stage two is completed, and may be able to apply for an open work permit.
- Permanent residence brings provincial health coverage, the right to work and study anywhere in Canada, the right to sponsor family, and a path to Canadian citizenship.
Government fees in 2026
Since April 30, 2026, IRCC charges $660 for the principal applicant’s H&C processing fee, $180 for each dependent child, and a $600 Right of Permanent Residence Fee for each adult. We confirm the current amounts before filing.
Frequently asked questions
Can I apply for H&C if my refugee claim was refused?
Usually not for 12 months after a negative refugee decision. There are exceptions where a child’s best interests or a serious medical risk are involved.
Does an H&C application stop my removal?
Not on its own. If you have a removal date, we may need to request a deferral from CBSA or a stay from the Federal Court while the application is pending.
What documents should I bring to the consultation?
Your passport, any immigration or refugee decisions, proof of how long you have lived in Canada, employment and tax records, and documents about your children, health or family situation.
How long does an H&C application take?
Many take well over a year. We give you the current IRCC processing time when you file.
Can I include my family?
Yes. Your spouse or partner and dependent children can be included in the same application.
Read our guide What are humanitarian and compassionate grounds? for background on eligibility and documents.
Our related services
- Judicial review, PRRA and stays of removal
- Spousal sponsorship
- Temporary Resident Permit
- Childbirth in Canada
- Certified translation and notary services
Book a consultation or call +1 (416) 661-4487 to discuss your H&C case.
Assistance With Humanitarian And Compassionate Grounds Application
At Jane Katkova & Associates – Canadian Immigration, Global Mobility Experts, we may help you with advice and filing of an H&C-based application for permanent residence. Call us at +1 (416) 661-4487, or email us at support@katkova.com to learn how we can help in your specific case!
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