Humanitarian and Compassionate (H&C) Applications in Canada: The Complete 2026 Guide

The short answer: A humanitarian and compassionate (H&C) application asks IRCC to grant permanent residence to someone in Canada who doesn't fit any other immigration program, because their circumstances justify an exception. It's based on section 25 of the Immigration and Refugee Protection Act. Officers weigh your whole situation, including hardship, establishment in Canada, family ties and the best interests of any child affected. In 2026 IRCC estimates more than 10 years to process, so a strong, complete application matters more than ever.

This guide brings together everything on our site about H&C, with links to a deeper article on each topic at the end.

What is an H&C application?

H&C lets an officer exempt you from the normal rules of Canadian immigration law when there are good humanitarian reasons to do so. IRCC calls it an exceptional measure, not an alternative way to apply for PR.

In practice, H&C is often the only route for people such as:

• Elderly or widowed parents in Canada with no one left at home

• Families of children with autism or special needs who depend on care in Canada

• Spouses or children who were never declared, and so can't be sponsored

• Long-term residents with deep roots in Canada and no other PR pathway

• People facing hardship or discrimination if they had to return home

Who can apply?

To apply from inside Canada, you generally must be in Canada and need an exemption from one or more legal requirements. You can't use the H&C application if you're eligible for certain in-Canada classes, such as spouse or common-law partner in Canada. You can only have one H&C application in process at a time.

There are also timing bars. For example, you can't apply while a refugee claim is pending at the IRB (or while a PRRA is pending after your claim was found ineligible), and there's usually a 12-month wait after a refugee claim is refused.

What do officers consider?

Officers look at your whole situation together, not a checklist. The Supreme Court of Canada confirmed this in Kanthasamy (2015). Factors include:

• Establishment in Canada: work, community, home, time here

• Best interests of any child directly affected

• Family ties in Canada and the impact of separation

• Health, including whether treatment is available in your home country

• Conditions in your home country, including discrimination

• Family violence

• Any other unique circumstances

How do you apply, and what does it cost?

Most people apply online through IRCC's permanent residence portal. As of April 30, 2026, the H&C processing fee is $660 for the main applicant, plus a $600 right of permanent residence fee and biometrics.

Your written submission and evidence matter most. Strong files usually include medical reports, letters of support, and sometimes a psychological assessment.

How long does it take, and what are my chances?

IRCC's processing time tool now estimates more than 10 years.

On chances, IRCC told a parliamentary committee that from January 2020 to October 2024, about 56% of in-Canada H&C decisions were approvals. Your own chances depend entirely on your facts and evidence.

What happens while you wait?

An H&C application doesn't give you legal status or stop a removal order. Keep any temporary status valid if you can.

After approval in principle (Stage 1), you may be eligible to apply for an open work permit while Stage 2 is completed.

What if I'm refused?

There's no appeal for a stand-alone H&C refusal. Through a lawyer, you can ask the Federal Court for leave to seek judicial review within 15 days after you're notified of an in-Canada decision (RCICs can't represent you in Federal Court), or you can file a new, stronger application.

Related guides

• H&C for elderly and widowed parents

• H&C for children with special needs or autism

• Spouse or Child Not Declared When You Immigrated? How H&C Can Overcome the Excluded Family Member Rule

• Can You Apply for H&C After a Refused Refugee Claim? The 12-Month Bar Explained

• Establishment in Canada for H&C: What Counts and How to Prove It

• Best Interests of the Child in H&C Applications: What Officers Look For

• How to Apply for H&C in Canada (2026): Forms, Fees and Step-by-Step Process

• H&C Letters of Support: Who Should Write Them and What to Include

• Psychological Assessments for H&C Applications: What They Are and When They Help

• H&C Processing Time 2026: Why It's Now 10+ Years and What Families Can Do

• H&C Approval Rate in Canada: What Are My Chances?

• Can You Apply for H&C If You're Out of Status in Canada?

• H&C Application Refused? Your Options in 2026: Judicial Review, Reapplying and What Comes Next

Frequently asked questions

What is an H&C application in Canada?

It's a request for permanent residence based on humanitarian and compassionate grounds under section 25 of the Immigration and Refugee Protection Act, for people who don't qualify under other programs.

Who qualifies for H&C?

There's no fixed list. Officers weigh hardship, establishment, family ties, health, country conditions and the best interests of any child affected. Common cases include elderly parents, children with special needs and long-term residents.

How much does an H&C application cost?

As of April 30, 2026, the processing fee is $660 for the main applicant, $660 for a spouse or partner, and $180 per dependent child, plus the $600 right of permanent residence fee and biometrics. Check IRCC's fee list before paying.

How long does an H&C application take?

IRCC's processing time tool estimates more than 10 years in 2026.

Can I work while my H&C application is processed?

If you already have a work permit, you can keep working under its conditions. After approval in principle, you may be eligible to apply for an open work permit.

Key takeaways

• H&C is for people in Canada who don't fit another program but have strong humanitarian reasons to stay.

• Officers weigh your whole situation, including establishment, children, family, health and hardship.

• The fee is $660 for the main applicant plus a $600 PR fee (from April 30, 2026).

• Processing takes 10+ years; about 56% of in-Canada decisions from 2020 to 2024 were approvals.

• H&C doesn't give status. Protect your temporary status while you wait.

The bottom line

H&C is complex and slow, but for many families it's the only path to staying together in Canada. Understanding how officers think, and building your evidence around it, makes the difference.

E-Pathway Immigration focuses on H&C cases, especially elderly and widowed parents, children with special needs and complicated family situations. We work in English, Chinese and Vietnamese. Book a consultation.

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About the author

Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC, licence R711344) with E-Pathway Immigration in Vancouver. He focuses on humanitarian and compassionate (H&C) applications and complex family sponsorships, and works with clients in English, Chinese and Vietnamese.

Sources

Immigration and Refugee Protection Act, s. 25; IRCC, Humanitarian and compassionate considerations application guide (canada.ca); Kanthasamy v. Canada, 2015 SCC 61; IRCC, CIMM briefing on Humanitarian and Compassionate category (November 25, 2024); IRCC processing times tool; IRCC fee list

This article is for informational purposes only and does not constitute legal or immigration advice. Consult a licensed RCIC or immigration lawyer for your specific situation.