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Permanent Residence on Humanitarian and Compassionate Grounds

CanadaHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Canada Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

Humanitarian and Compassionate (H&C) consideration is an exceptional in-Canada permanent-residence mechanism under IRPA section 25(1), allowing a foreign national who is inadmissible or ineligible under an immigration class to request permanent residence or an exemption from an Act requirement on H&C grounds.

See recorded sources
  • Humanitarian and compassionate grounds
    However, section A25(1) of the Immigration and Refugee Protection Act (IRPA) allows foreign nationals who are inadmissible or who are ineligible to apply in an immigration class, to apply for permanent residence, or for an exemption from a requirement of the Act, based on humanitarian and compassionate (H&C) considerations.
  • Exemptions
    Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.

Which population, circumstances or geographic group does the mechanism cover?

It is for a foreign national currently living in Canada who needs an IRPA/Regulations exemption to apply for permanent residence from within Canada and is not eligible for another in-Canada permanent-residence class, subject to specific bars and exclusions.

See recorded sources
  • Who may use this application
    - are a foreign national currently living in Canada;
  • Who may use this application
    - need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations to apply for permanent residence within Canada;
  • Who may use this application
    - are not eligible to apply for permanent residence within Canada under any other immigration class, but believe that your circumstances justify H&C considerations for the granting of PR

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The application is made from within Canada. To be considered for an exemption from the usual requirements of IRPA, the applicant must clearly indicate the specific exemption(s) requested, provide all details related to the request including the reasons why an exemption should be granted on H&C grounds, and demonstrate that there are sufficient and compelling reasons to be granted an exemption allowing an application for permanent residence from within Canada.

See recorded sources
Limits of the record
  • This citation does not state the submission channel (online portal or paper) or which office receives the application.
  • chars 1449-2790
    To be considered for an exemption from the usual requirements of IRPA, you must: - clearly indicate in your application the specific exemption(s) you are requesting. - provide all details related to your request including the reasons why you believe an exemption(s) should be granted on H&C grounds. - demonstrate that there are sufficient and compelling reasons for you to be granted an exemption allowing you to apply for permanent residence from within Canada. Are you under removal order? If you are under a removal order and decide to submit an application for permanent residence based on H&C, it will not delay your removal from Canada. You must leave on the specified removal date. We will continue to process your application and we will notify you of the decision in writing. Factors that may be considered Examples of the factors that may be considered include, but are not limited to: - establishment in Canada - an inability to leave Canada that has led to establishment - ties to Canada - best interests of any children affected by your application - health considerations - family violence considerations - consequences of your separation from relatives - factors in your country of origin (not related to seeking protection) - any other relevant factors you wish to have considered that are not related to seeking protection.

What happens after the request: registration, family handling, major support and rights where officially stated?

An H&C application does not itself stop removal from Canada: a person under a removal order must leave on the specified date while IRCC continues processing. Family members residing in Canada may be included for concurrent processing; family outside Canada cannot be included concurrently but must still be declared.

See recorded sources
  • Are you under removal order
    If you are under a removal order and decide to submit an application for permanent residence based on H&C, it will not delay your removal from Canada. You must leave on the specified removal date. We will continue to process your application and we will notify you of the decision in writing.
  • Do family members need to apply separately
    You may include your family member(s) as defined below, residing in Canada, in your application for permanent residence for concurrent processing.

Which competent authority, UN body or official assistance channel should the person use?

The checked official sources did not provide enough route-specific evidence to confirm the competent authority or official help channel.

See recorded sources
Limits of the record
  • Searched the route's only capture (Guide 5291) for IRCC, CIC, 'Immigration, Refugees and Citizenship Canada', contact, help, telephone, website, office, representative, consultant, legal aid, fraud and scam. The guide names only IRPA and section A25(1), refers to the department as 'we' without naming it, and gives no contact point, assistance channel or fraud/scam warning.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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