Discretionary permanent residence
Humanitarian & Compassionate Applications
A discretionary pathway for individuals requesting permanent residence due to exceptional hardship or compelling personal circumstances.
What is a Humanitarian & Compassionate (H&C) application?
A Humanitarian and Compassionate application allows individuals who do not qualify under standard immigration programs to request permanent residence based on exceptional circumstances.
H&C applications are discretionary and assessed on a case-by-case basis. Approval is not guaranteed, and there is no fixed checklist for success. Officers evaluate whether the totality of the circumstances justifies granting permanent residence despite non-compliance with immigration rules.
Who H&C applications are generally appropriate for
H&C applications are typically considered when no other immigration pathway is available and removal from Canada would result in disproportionate hardship.
- • Individuals with long-term establishment in Canada
- • Applicants with Canadian family members who depend on them
- • Parents or caregivers of children directly affected by removal
- • Individuals facing significant hardship if required to leave Canada
Factors considered by IRCC
Officers assess all relevant factors together. No single factor guarantees approval, and the absence of one factor does not automatically result in refusal.
- • Degree of establishment in Canada (employment, education, community involvement)
- • Length of time spent living in Canada
- • Best interests of any children directly affected
- • Hardship upon return to the country of origin
- • Health conditions and access to medical care
- • Family support, dependency, and caregiving responsibilities
Understanding hardship
Hardship must be greater than what is normally expected when a person is required to leave Canada. General inconvenience, economic disadvantage, or preference to remain in Canada is usually insufficient.
- • Serious medical hardship or lack of adequate treatment abroad
- • Significant family separation or loss of essential caregiving support
- • Risks related to safety, discrimination, or instability
- • Disruption to a child’s education, health, or emotional well-being
Application process
- 1. Assess whether H&C is an appropriate and viable option
- 2. Prepare detailed written submissions explaining hardship and circumstances
- 3. Collect supporting documentation and third-party evidence
- 4. Submit the application and pay required government fees
- 5. Complete medical, biometrics, and background checks
- 6. Await a decision from IRCC
Processing times for H&C applications can be lengthy and vary based on case complexity.
Common reasons for refusal
- • Insufficient or poorly documented evidence of hardship
- • Weak establishment or limited ties to Canada
- • Submissions that lack clarity, consistency, or detail
- • Failure to adequately address the best interests of children
- • Circumstances that do not meet the threshold of exceptional hardship
H&C applications require strong, well-documented evidence
We assess hardship factors and prepare structured, persuasive submissions before you apply.