H&C Approval in Principle: What It Means and What Happens Next
Updated: Oct 26
The short answer: In an H&C application, "approval in principle" is the first-stage decision. IRCC's guide says that if it approves your application in principle at stage one, it will tell you in writing and give more information on the next steps, such as medical instructions and background checks. IRCC's removals manual and a 2020 IRCC briefing say a regulatory stay of removal applies after approval in principle, but not before. Approval in principle is not final approval, and a final decision is still to come. IRCC does not publish a full step-by-step description of the second stage in the sources reviewed here, so this guide also lists what we could not confirm.
What is approval in principle?
H&C applications under section 25(1) of the Immigration and Refugee Protection Act (IRPA) are decided in two stages. An IRCC briefing from 2020 calls the first stage "approval in principle," also described as a positive eligibility decision. IRCC's glossary describes approval in principle as a letter from IRCC stating that you meet the permanent residence eligibility requirements, and says you still have to pass the medical, security and background checks, for you and, if needed, your family members. IRCC's guide also describes next steps after this point, so treat it as a step, not the end.
IRCC treats H&C as an exceptional measure, and the decision is discretionary. Nothing about the first stage changes that, and no outcome is guaranteed.
What does IRCC say happens after stage one?
IRCC's Guide 5291 says:
IRCC will inform you in writing and give you further information on the next steps.
If the application is successful, you and your family members in Canada will receive status as permanent residents.
For Quebec residents, the guide says IRCC forwards the file to Quebec's immigration ministry (MIFI) after approval in principle. MIFI then sends the invitation letter and forms, and you do not need to act first.
Does approval in principle stop removal?
Not before stage one. IRCC's guide says that applying does not delay your removal, and you must leave on the removal date. The 2020 IRCC briefing says there are no stays of removal before a stage-one approval, and that applicants may be removed while waiting for approval in principle, although they may not be a high priority for removal. IRCC's removals manual (ENF 10) likewise says a stay does not apply where there is only an intention to apply, or where an H&C application has not yet been approved in principle.
After a positive first-stage decision, a stay may apply. Section 233 of the Immigration and Refugee Protection Regulations says a removal order against a foreign national, and against their family members, is stayed if the Minister is of the opinion that the stay is justified on H&C or public policy grounds. The stay lasts until a decision is made to grant or not grant permanent resident status. IRCC's manual and the 2020 briefing describe this stay as applying after approval in principle. It is not automatic on filing. If you have a removal order, speak to a lawyer promptly about your timing, because removal dates do not wait for the application.
What about medicals and admissibility?
IRCC's guide says:
You do not need an immigration medical exam before you submit your forms. Instructions come later, and results are valid for 12 months.
Inadmissibility, such as criminality, health, financial grounds or misrepresentation, should be resolved if possible. An exemption is given only in exceptional circumstances.
You must report changes, such as a change in marital status, a new child, a conviction or a change in job.
IRCC's glossary says that after an approval-in-principle letter you still have to pass medical, security and background checks. The guide does not give a timeline for them, so do not assume a date.
What could we not confirm?
Be careful with claims you read online. In the IRCC and legal sources reviewed for this guide, we could not confirm:
How long the gap between stage one and stage two is.
The exact checks completed at each stage, or the order they happen.
What the approval-in-principle letter lets you do in practice. It confirms eligibility. It is not permanent resident status.
Whether you can work or travel after approval in principle. IRCC's guide does not address work permits. Check IRCC directly.
Any current processing time. IRCC's processing-time tool has shown estimates of more than 10 years for H&C in 2026. Check IRCC's current processing times and see our guide to H&C processing time.
What should I do while I wait?
Keep your contact details current with IRCC.
Keep your documents up to date, such as police certificates, medical results and proof of any changes in your family or work.
Respond to any IRCC letter by its deadline. A request for more information may arrive through a procedural fairness letter. See our guide to procedural fairness letters from IRCC.
Only one H&C application can be under consideration at a time.
What if the application is refused?
IRCC says there is no right to appeal a refused H&C application. Options may include judicial review at the Federal Court or a new application. Judicial review has a very short deadline: under IRPA section 72, generally 15 days if the matter arose in Canada and 60 days if it arose outside Canada. It can be filed by the applicant or a lawyer, and consultants cannot represent you in Federal Court. Speak to a lawyer as soon as possible after a refusal. See H&C application refused: your options.
Next steps
If you think you may have an H&C application in progress, or you are deciding whether to file one, keep every IRCC letter and speak to a qualified representative about timing. Every H&C situation is different. E-Pathway Immigration can help you assess whether H&C considerations may be relevant, identify the evidence and questions that need attention, and understand your options. A decision remains with IRCC.
Related guides: H&C complete guide · H&C processing time · H&C application out of status · Humanitarian and compassionate services · H&C guide index · What happens after you submit
Last reviewed: October 2026
Sources: IRPA s. 25 · IRPR s. 233 · IRCC Guide 5291 · IRCC: Humanitarian and compassionate considerations · IRCC briefing to the Standing Committee on Public Accounts, Nov. 24, 2020 · IRCC: ENF 10 Removals · IRCC glossary · IRPA s. 72 · Federal Court: Application for leave and judicial review (immigration) · IRCC: H&C refusal options
This article provides general information only and is not legal advice. Immigration options and outcomes depend on individual circumstances. Consult a qualified representative for advice about your situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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