Who Can Apply for Permanent Residency in Canada on Humanitarian Grounds?

Canada is recognized for its fair and compassionate immigration policies. While many newcomers arrive through economic, family, or refugee pathways, there is a unique option for individuals facing special hardship: permanent residency on humanitarian and compassionate (H&C) grounds. This option is a critical lifeline for people who live in Canada and do not qualify under other immigration classes but have unique and compelling reasons to stay.

This guide explains who can apply for PR in Canada on humanitarian grounds, what the main eligibility rules are in 2025, and how the H&C process works.

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

A Humanitarian and Compassionate (H&C) application is a request for permanent residency from inside Canada, made by people who cannot apply through regular immigration streams and who would face serious hardship if forced to leave the country. H&C applications are assessed on a case-by-case basis, with each applicant required to show why their unique situation warrants an exemption from standard immigration requirements.

H&C applications are discretionary, meaning immigration officers review each case individually and weigh all circumstances before making a decision.

Who Can Apply for Permanent Residence on Humanitarian Grounds?

You can apply for PR in Canada on humanitarian and compassionate grounds if all of the following apply:

• • You are currently living in Canada.
    
  • You do not qualify to apply for permanent residence under any other immigration class. That means you cannot apply as an economic immigrant, family class applicant, refugee/protected person, or under a special program (like caregiver or temporary resident permit holder).
    
  • You need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or its regulations, such as applying from outside Canada, because of your personal circumstances.
    
  • You believe you or your dependents would suffer significant, unfair, or disproportionate hardship if required to leave Canada.
    

Typical situations may include:

• • Individuals out of legal immigration status who have established strong ties to Canada.
    
  • People facing serious health conditions where treatment is not available in their home country.
    
  • Parents whose removal would not be in the best interest of their Canadian-born or Canadian-resident children.
    
  • People at risk due to social, cultural, or family issues if forced to return to their country of origin.
    

Who Cannot Apply on Humanitarian and Compassionate Grounds?

You cannot use the H&C pathway if:

• • You are eligible to apply for PR under any other immigration stream, including as a spouse/partner, economic class, or refugee.
    
  • You have an active refugee claim (you must withdraw it to apply for H&C).
    
  • You received a negative refugee decision within the past 12 months (exceptions may apply for children or medical emergencies).
    
  • You are barred from applying due to specific criminal activity or inadmissibility.
    

Note: Only one H&C application can be in process at any given time.

What Does IRCC Consider in an H&C Application?

Immigration, Refugees, and Citizenship Canada (IRCC) officers review a variety of factors in an H&C application. Common aspects considered include:

• • Establishment in Canada: How long and how well you have integrated (work history, community involvement, family ties).
    
  • Family Ties in Canada: Whether you have close family living in Canada, especially those who depend on you.
    
  • Best Interests of Children: The effect on any children involved if you are required to leave Canada.
    
  • Hardship in the Home Country: What risks or losses you would face if returned, such as lack of medical care, separation from family, or danger.
    
  • Health or Safety Issues: Any medical conditions or safety threats that make returning to your country problematic.
    

It is not enough to simply prefer life in Canada or face inconvenience at home. There must be real, significant, and documented hardship.

Key Steps in the H&C PR Application Process

1. Determine Eligibility
   Confirm you have no other PR options and are currently in Canada.
   
   
2. Gather Documents
   Prepare evidence to show establishment, hardship, and family ties (letters, medical records, community support, etc.).
   
   
3. Complete Forms
   The main application form is IMM 5283. Be specific about which IRPA requirements you are requesting exemption from and provide detailed reasoning.
   
   
4. Submit Application
   Submit your H&C application package from within Canada, along with all supporting materials.
   
   
5. Wait for Decision
   Processing times can be lengthy as every case is unique. IRCC may contact you for more information.
   

Frequently Asked Questions (FAQs)

Can I apply for H&C if my refugee claim was refused?
You must generally wait at least 12 months after a negative refugee decision before applying for H&C. Some exceptions exist for children or health emergencies.

Can I include my spouse or children in my application?
Yes, you may include family members in your H&C application, but they must also be living in Canada.

Do I need a lawyer or agent to apply?
It is not required, but given each case’s complexity and the evidence needed, many applicants benefit from professional legal or immigration help.

How many people get PR through H&C each year?
H&C and similar public policy admissions form a small share (roughly 2.5% of total immigration), with over 21,000 admissions targeted over three years as of the 2025–2027 plan.

Final Thoughts

The Humanitarian and Compassionate (H&C) program offers a last-resort pathway to permanent residency in Canada for those facing truly exceptional hardship. Decisions are highly individualized, and success depends on presenting strong, clear evidence of why you cannot safely or reasonably return to your home country.

If you or a loved one believes an H&C application is your only path to stay in Canada, contact Can X Global for a genuine assessment and support throughout your application process. Our professionals can guide you in preparing a compelling case that reflects your unique circumstances.