Caregiver Whose Status Has Ended: Is H&C an Option? (2026)
The short answer: Being a caregiver, or caring for a family member, is not described by IRCC as a qualifying category for permanent residence through humanitarian and compassionate (H&C) consideration. According to IRCC, applying for H&C consideration is an exceptional measure, so check IRCC's caregiver pages and other permanent residence routes first. If your status has ended, ask whether you can still restore it, because IRCC sets a 90-day limit. If nothing else fits, H&C looks at your whole situation, including your life in Canada, your ties, any child's best interests and the hardship you would face.
Should I check the caregiver routes first?
Yes. H&C is not a substitute for a pathway you may qualify for. IRCC's caregivers page lists the Home Care Worker Immigration pilots (the home child care and home support streams) as closed. IRCC's notice dated December 19, 2025 says it will "pause intake until further notice" and will keep processing applications already received. The notice says intake will not reopen in March 2026 and that any updates will be shared publicly. IRCC's pages, last updated in 2026, still show the pilots as closed. The earlier Home Child Care Provider and Home Support Worker Pilots closed to new applications on June 17, 2024. Temporary work as a caregiver is covered on a separate IRCC page, so check it too.
Because this can change, read IRCC's caregivers page and the Home Care Worker Immigration pilots page before you decide anything. Also check non-caregiver routes, such as family sponsorship or other work-based programs. See H&C compared with other PR pathways.
Is H&C meant for caregivers whose status ended?
Section 25(1) of the Immigration and Refugee Protection Act (IRPA) does not set an occupation requirement, though it is subject to limits in the Act. It lets the Minister grant permanent resident status or an exemption if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations, taking into account the best interests of a child directly affected. IRCC calls applying for H&C consideration "an exceptional measure" and, on its H&C page, says you must show sufficient and compelling reasons for an exemption. The cost and inconvenience of returning to your home country to apply is not a sufficient factor. See whether you have an H&C case.
What if my caregiver permit has already expired?
Look at restoration first. IRCC's restore your status page says it must receive your application to restore status no more than 90 days after your status expired. It says you may stay in Canada while IRCC decides, but according to IRCC, you normally aren't allowed to work until your status is restored and a new work permit is issued. IRCC also says there is no guarantee of approval, and if the application is refused, you will have to leave Canada.
If more than 90 days have passed, or restoration is not available to you, H&C may be one option to review. See H&C when your permit has expired and applying out of status.
What about work done without authorization?
IRCC's restoration page lists meeting the requirements for your stay, "for example, you didn't work illegally", as a condition for restoring status. IRCC's example suggests that unauthorized work can affect restoration. IRCC's H&C pages do not address how it is treated in an H&C application, so be honest about your work history and get advice before you file.
What facts might a caregiver bring to an H&C application?
IRCC's H&C guide says examples of factors that may be considered are establishment in Canada, ties to Canada and health considerations. It also says the best interests of any children directly affected by the decision will be considered, and that a child's best interests do not outweigh all other factors. For a caregiver, relevant evidence may include:
Establishment: your years in Canada, work records, taxes, housing and community involvement. See establishment in Canada.
Ties and separation: who you have here and who you would leave behind.
A child's best interests: including the family you care for, if a child is directly affected. Whether this applies depends on the facts. See best interests of the child.
Hardship: what you would face if you left. See hardship and country conditions.
Does caring for an ill family member count?
IRCC's H&C guide does not single out caring for an ill relative, but health considerations and family ties are among the factors it lists. If you care for a sick or aging family member in Canada, the situation may be part of your file, supported by medical evidence and letters. See H&C medical evidence. We cannot say how an officer would weigh it.
Who does this affect?
Home child care providers and home support workers whose permits are ending or have ended
Caregivers whose work permit ended after leaving or losing a job
People who care for a sick or aging family member in Canada
What should you do?
Write down your status, expiry date and work history.
Count the days since your status ended and check IRCC's restoration page right away.
Read IRCC's caregiver pages for any route open to you.
Gather evidence of establishment, ties, any child's interests and hardship.
Have your options reviewed before you rely on H&C.
Caregiver status ending? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your status and your options. Book a case review.
Frequently asked questions
Can a caregiver apply for H&C?
Yes, if H&C is available to you. IRCC's H&C pages do not describe a caregiver category. Officers look at your whole situation, and IRCC calls it an exceptional measure.
Are the caregiver pilots open?
IRCC's pages list the Home Care Worker Immigration pilots as closed, with intake paused until further notice. Check IRCC's caregivers page for current information.
Can I restore my status after my work permit expires?
IRCC says it must receive a restoration application no more than 90 days after status expired, and there is no guarantee of approval. Check the conditions on IRCC's page.
Can I keep working while I wait?
According to IRCC, you normally aren't allowed to work until your status is restored and a new work permit is issued.
Does caring for a sick parent guarantee H&C?
No. Health and family ties are factors, but IRCC says H&C is exceptional and officers weigh the whole situation. See the complete H&C guide.
Key takeaways
Check IRCC's caregiver pages and other routes before H&C.
IRCC lists the Home Care Worker Immigration pilots as closed, with intake paused.
Restoration has a 90-day limit from when status expired.
IRCC says you normally can't work until status is restored and a new work permit is issued.
H&C weighs establishment, ties, a child's best interests and hardship.
The bottom line
IRCC's H&C pages do not describe a caregiver category. First check whether you can restore status or use another route. If not, H&C asks whether your own facts justify an exemption.
Questions about your situation? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your situation. Book a case review.
Last reviewed: November 2026
Sources: IRCC, Humanitarian and compassionate considerations; IRCC, Guide 5291, Humanitarian and Compassionate Considerations; Immigration and Refugee Protection Act, s. 25; IRCC, Restore your status and get a work permit; IRCC, Home care workers (caregivers); IRCC, Home Care Worker Immigration pilots; IRCC, Pausing Home Care Worker Immigration pilots application intake.
This article provides general information only. It is not legal advice and does not create a client relationship. 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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