Humanitarian and Compassionate Application Canada: Apply for PR Under IRPA s.25
A humanitarian and compassionate (H&C) application asks IRCC to let you apply for permanent residence from inside Canada when no regular program fits you. IRCC calls it an exceptional measure, not another way in. You need strong reasons, and you need the proof to back every one.
since 1991
What is an H&C application?
It is a request under section 25(1) of the Immigration and Refugee Protection Act (IRPA) for an exemption from the usual rules. You may ask for permanent residence from inside Canada, or ask IRCC to overlook a barrier such as inadmissibility. An officer decides if your reasons are compelling enough.
Is H&C a way around the rules?
No. IRCC says the cost and inconvenience of returning home to apply are not enough on their own. You must name each exemption you want and explain why it is justified. Strong, documented reasons carry the file.
Key rules at a glance
- Where: you must be living in Canada
- Other routes first: you cannot use H&C if you qualify for the spouse, economic or protected person classes
- One at a time: only one H&C application can be under consideration
- Removal: applying does not delay a removal order
Is H&C right for you?
Check the list that matches your situation.
H&C may fit if
- You live in Canada and no other permanent residence class fits you
- You need an exemption from a rule, such as an inadmissibility
- You have real ties here: work, school, family or community
- Leaving Canada would cause serious hardship, for you or for a child
Start with another route if
- Your spouse or common-law partner can sponsor you: use the in-Canada spousal class
- You have a refugee claim waiting: you cannot apply
- You are already a permanent resident or citizen
Read our inland spousal sponsorship guide, the inadmissibility and refusals page or the criminal inadmissibility guide.
If you are inadmissible, see our temporary resident permit guide and misrepresentation guide.
What IRCC looks at
These factors come from the IRCC guide. The list is open, so add anything that matters in your case.
Establishment
How settled you are in Canada: work, school, home and community. This includes an inability to leave Canada that led to your ties.
Best interests of a child
The effect of the decision on any child directly affected. IRCC looks at age, schooling, medical needs and conditions abroad. It is one factor, and it does not outweigh all others.
Conditions in your country
Hardship you would face at home that is not about seeking protection. Say if it affects the whole country, and whether you sought help from the authorities.
Health and family violence
Medical needs, and any family violence, that bear on your situation. Back each point with records.
Family separation
What leaving would mean for you and your relatives in Canada. Show how close you are, with proof.
Not sure your case is strong enough?
We review your facts against IRCC’s factors before you spend a dollar on fees.
Who cannot apply
Pending claims
You cannot apply with a refugee claim outstanding, or with an earlier H&C application still waiting for a decision.
A refugee claim rejected or abandoned in the last 12 months blocks an H&C request. Exceptions exist for children under 18 who would be directly harmed, or a risk to life from missing medical care.
If the Minister of Public Safety designated you, you wait at least 5 years. The wait can run from a later refugee decision.
Documents to prepare
IRCC returns an incomplete file, so start with these.
How an H&C application works, step by step
Six stages from your first check to a decision.
Check eligibility
Make sure no other class fits you and no bar applies.
Name your exemptions
List each exemption you need and why it is justified.
Gather your proof
Collect records for establishment, children, health and conditions abroad.
Apply online and pay
Fill the forms in the online portal, upload documents and pay the fees.
IRCC reviews the file
An officer may call you for an interview or ask for more detail.
Decision
IRCC writes to you. An approval brings next steps such as medical exams and background checks.
H&C fees at a glance
From the IRCC fee list, checked 5 October 2026. Last updated: October 2026.
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H&C application FAQs
What is a humanitarian and compassionate application?
It is a request under IRPA section 25(1) to apply for permanent residence from inside Canada, or to be exempt from a rule that blocks you. IRCC calls it an exceptional measure. An officer decides case by case.
Who can apply for H&C?
You can apply if you live in Canada, need an exemption from the usual rules and do not qualify under another permanent residence class. You must give sufficient and compelling reasons. Your spouse or partner and dependent children in Canada can be included.
Who cannot apply?
You cannot apply if you are a citizen or permanent resident, or if you have a refugee claim or an earlier H&C application waiting. Designated foreign nationals wait at least 5 years. A refugee claim rejected or abandoned in the last 12 months also blocks you, with limited exceptions.
What factors does IRCC consider?
IRCC looks at your establishment in Canada, your ties, the best interests of any child affected, health, family violence, separation from relatives and conditions in your country of origin. The list is open. You must prove each point.
What does best interests of the child mean?
IRCC weighs how the decision affects any child directly involved, inside or outside Canada. It considers age, schooling, medical needs and conditions abroad. It is one factor and does not outweigh all others.
Is the cost of going home a good enough reason?
No. IRCC says the cost and inconvenience of returning to your home country are not enough without other compelling factors. You need real hardship, strong ties or both.
Can I apply if I am inadmissible?
You can ask for an exemption on H&C grounds, but IRCC gives these only in exceptional circumstances. If you can fix the problem first, such as with criminal rehabilitation, do that. Read our inadmissibility and refusals page.
Will an H&C application stop my removal?
No. If you are under a removal order, applying does not delay your removal. You must leave on the date given, and IRCC keeps processing the file.
How much does an H&C application cost?
The fee is $1,260 for you, with the right of permanent residence fee, or $660 without it. Adding a spouse or partner costs $1,260, and each dependent child costs $180. Most applicants also pay a biometrics fee.
Can my family be included?
Yes, for family in Canada. You can include your spouse or common-law partner and dependent children who live in Canada. Family outside Canada cannot be included, but you must declare them for the admissibility check.
What if my spouse can sponsor me?
Then use the spouse or common-law partner in Canada class, not H&C. That class does not need legal status. See our inland spousal sponsorship guide.
What happens after I apply, and what if it is refused?
IRCC may interview you or ask for more detail, then writes with its decision. An approval brings medicals and background checks. A refusal can be challenged in Federal Court with leave, within 15 days for a matter arising in Canada (IRPA s.72). See our refusal and appeal guide for how deadlines work.