Can I Apply for H&C With a Criminal Record or Other Inadmissibility?
Updated: Oct 26
The short answer: Some people with a criminal record or another inadmissibility can ask for H&C consideration, but it is not a simple fix. IRCC's guide says that if you can resolve your inadmissibility, you should do that first, and that exemptions are granted only in exceptional circumstances. Section 25(1) of the Act also does not cover people inadmissible under sections 34, 35, 35.1 or 37. Your own record matters, so get advice before you file. No outcome is guaranteed.
Urgent advice: If you have charges, a conviction, a removal order or a deadline, speak to a lawyer or other qualified representative before you submit anything. Criminal law questions and court steps are for a lawyer. A Regulated Canadian Immigration Consultant (RCIC) cannot represent you in Federal Court.
What does inadmissible mean?
Inadmissible means a person cannot be allowed into or remain in Canada for a reason set out in the Immigration and Refugee Protection Act (IRPA). IRCC's guide gives examples such as criminality, health, financial reasons and misrepresentation. Each ground has its own rules, and whether one applies depends on the exact facts of your case.
Can H&C overcome a criminal record?
Section 25(1) of IRPA lets the Minister consider a request from a person who is inadmissible. IRCC's H&C page confirms that people who are inadmissible or ineligible for an immigration class can ask for H&C consideration.
There are limits:
IRCC's guide says H&C is an exceptional measure.
It also says it is strongly suggested that you resolve your inadmissibility if possible. For a criminal conviction, IRCC says you may be eligible to apply for rehabilitation or a record suspension.
Exemptions are granted only in exceptional circumstances.
Section 25(1) does not apply to a person inadmissible under sections 34, 35, 35.1 or 37. In the Act, these sections cover security (s. 34), human or international rights violations (s. 35), sanctions (s. 35.1) and organized criminality (s. 37). Serious criminality (s. 36) is not on that list, but that does not mean H&C will succeed for it.
We cannot tell you whether your record falls into one of these groups. That needs a review of your court documents, ideally by a lawyer.
Should I resolve the inadmissibility first?
Where it is possible, IRCC says yes. Whether rehabilitation or another process is available depends on your facts. Do not assume it is available to you. Check the rules on IRCC's website or get advice before you file.
Why honesty matters
IRCC says it is your responsibility to make sure the information in your application is correct, and that giving false or misleading information on the forms is a serious offence. Misrepresentation is itself an inadmissibility ground listed in IRCC's guide. Declare any charges or convictions, in Canada or elsewhere. You must also tell IRCC in writing of changes after you apply, which IRCC's guide says includes convictions.
IRCC's guide also asks for police certificates from any country (other than Canada) where you have lived for six months or more in a row since age 18.
What would an H&C file need to show?
If your situation is one where H&C can be considered, you must name each exemption you want, explain your reasons and show sufficient and compelling grounds, supported by evidence. Factors listed by IRCC include establishment in Canada, ties to Canada, the best interests of children, health and country conditions. A criminal record does not remove these factors from view, but it is likely to be weighed too. Read more on establishment in Canada.
When is a lawyer the right professional?
You are facing criminal charges or are unsure what your record means under Canadian law.
You have a removal order or a date to leave.
Your case involves security, rights violations, sanctions or organized criminality.
You need to go to the Federal Court.
The Federal Court says a consultant who is not a lawyer may not represent you there. For other parts of a file, a consultant may be able to help.
Frequently asked questions
Is there an appeal if H&C is refused?
IRCC says there is no right to appeal a refused H&C application. In some cases you can ask the Federal Court to review the decision. The deadline is short (15 days if the matter arose in Canada, 60 days if outside Canada), and we cannot act in Federal Court, so speak to a lawyer quickly. See H&C application refused: your options.
What if I also have a removal order?
IRCC's guide says applying does not delay removal, so get advice about your dates first. Section 233 of the Immigration and Refugee Protection Regulations stays a removal order only if the Minister considers a stay justified on H&C grounds, so do not assume a stay.
Next steps
A criminal record or other inadmissibility makes the first step a careful review, not a quick filing. E-Pathway Immigration can help you understand whether H&C considerations may be relevant, identify the questions that need attention, and tell you plainly when a lawyer is needed. A decision remains with IRCC.
Related guides: H&C complete guide · H&C application out of status · H&C application refused: your options · H&C service page · H&C guide index
Last reviewed: October 2026
Sources: IRPA s. 25 · IRCC Guide 5291 · IRCC: Humanitarian and compassionate considerations · IRPR s. 233 · Federal Court: who may represent you
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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