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

For individuals living in Canada who face removal but do not qualify under standard immigration categories, a Humanitarian and Compassionate (H&C) application may be their last hope to stay legally in the country. This special immigration pathway is designed to protect individuals facing unusual, undeserved, or disproportionate hardship if forced to leave Canada.

In this guide, we explain what an H&C application is, who it is for, how to apply, and how to build a strong case in 2025.

Who Should Read This?

This guide is for:

• • • Temporary residents with no other PR pathway
      
    • Refused refugee claimants facing serious risks in their home country
      
    • Parents, caregivers, or individuals raising children in Canada
      
    • People with serious health issues or deep community ties in Canada
      
    • Those out of status but facing compelling humanitarian reasons
      

What Is an H&C Application?

An H&C application allows individuals who are already inside Canada to apply for permanent residence despite not meeting the usual immigration criteria. It is discretionary—meaning immigration officers decide on a case-by-case basis whether the applicant’s situation merits an exemption from normal rules.

Important:

• • • This is not a guaranteed or automatic process.
      
    • It is a last resort and requires strong supporting documentation.
      
    • Only one H&C application can be submitted at a time (no concurrent applications).
      

Who Can Apply for H&C?

You may be eligible if:

• • • You are living in Canada without legal status or on a temporary visa/permit.
      
    • You cannot qualify under any other immigration category (e.g., Express Entry, PNP, sponsorship, refugee claim).
      
    • You are able to show compelling humanitarian or compassionate reasons to remain in Canada.
      

Common Grounds for H&C Applications

1. Establishment in Canada

• • • Long-term stay in Canada
      
    • History of lawful work or studies
      
    • Community involvement and volunteerism
      
    • Support from Canadian citizens or permanent residents
      

2. Best Interests of a Child

• • • If children are involved, their health, education, emotional well-being, and safety are major considerations.
      
    • Courts and IRCC give strong weight to evidence related to children born or raised in Canada.
      

3. Medical Conditions

• • • You or a dependent have a serious illness that cannot be treated adequately in your home country.
      
    • Disruption in medical care would result in serious harm.
      

4. Risk or Hardship if Removed

• • • Threats to life or safety
      
    • Domestic violence or forced marriage
      
    • Lack of access to critical medication or care
      
    • Stigma or harm due to gender identity, religion, political opinion, etc.
      

Step-by-Step Guide: How to Apply for an H&C Application

Step 1: Confirm Eligibility

Make sure:

• • • You are not eligible under other immigration programs.
      
    • You have not had a pending H&C application in the last 12 months (with some exceptions).
      
    • You are not inadmissible for serious criminality or organized crime.
      

Step 2: Gather Supporting Documents

Collect strong evidence such as:

• • • Proof of residency in Canada (e.g., leases, bills, school letters)
      
    • Letters from employers, teachers, religious leaders, community groups
      
    • Tax records, employment letters, pay stubs
      
    • School reports, counseling letters, or pediatric assessments for children
      
    • Medical reports (translated and detailed)
      
    • Country condition reports showing danger or lack of services in your home country
      

Step 3: Complete the Required Forms

You must complete:

• • • IMM 5283 – Application for Permanent Residence on Humanitarian and Compassionate Grounds
      
    • IMM 0008 – Generic Application Form for Canada
      
    • IMM 5669 – Schedule A: Background/Declaration
      
    • IMM 5406 – Additional Family Information
      
    • IMM 5283 Supplementary – Humanitarian and Compassionate Considerations
      

Step 4: Write a Personal Statement

Explain:

• • • Your personal story and why returning to your country would cause hardship.
      
    • How you’ve built your life in Canada.
      
    • Why it is in the best interests of any children for you to stay.
      

Make it detailed, honest, and supported by evidence.

Step 5: Pay Government Fees

• • • Principal Applicant (with RPRF): $1,210 CAD
      
    • Principal Applicant (without RPRF): $635 CAD
      
    • Dependent child: $175 CAD per child
      Check the IRCC website for the most current fees.
      

Step 6: Submit Online

• • • Scan and upload all documents in the correct format.
      
    • Submit the application through your IRCC Secure Account or representative portal.
      

Step 7: (Optional) Hire an Authorized Representative

Consider working with an RCIC or immigration lawyer for a professionally prepared application. You must complete IMM 5476 (Use of a Representative) if you choose this route.

Checklist: What You Need Before Submitting

• • • Completed and signed application forms
    • Personal statement (detailed and specific)
    • Proof of establishment in Canada
    • Letters of support
    • Proof of risk/hardship in your home country
    • Medical or psychological reports
    • Evidence supporting best interests of children
    • Payment receipt

FAQs About Humanitarian and Compassionate Applications

Can I Apply from Outside Canada?

Generally no. H&C applications are meant for people inside Canada. Rare exceptions may apply in life-threatening situations.

What If My Application Is Refused?

You may:

• • • Request leave for judicial review at the Federal Court within 15 days (if refused inside Canada).
      
    • Or explore other available legal avenues depending on your status.
      

How Long Does It Take?

Processing usually takes 20 to 36 months or longer.

Final Thoughts

A Humanitarian and Compassionate (H&C) application is a complex and demanding process, but it offers a vital lifeline for those facing exceptional hardship in Canada. If you believe you may qualify, it’s essential to prepare a strong application with detailed evidence. Consider seeking professional guidance to maximize your chances of success.

If you have any questions or need help with your H&C application, feel free to contact Can X Global for expert advice and personalized support.