Do I Have an H&C Case? How to Tell if Humanitarian and Compassionate Grounds Fit (2026)
The short answer: No one can tell you whether you will be approved from a checklist. According to IRCC, applying for H&C consideration is an exceptional measure, and you must show sufficient and compelling reasons for an exemption. A useful first step is to check whether H&C is available to you, whether another route fits better, and what evidence you have of your life in Canada, your family ties, any child's best interests and the hardship you would face if you left. An individual review is the only way to judge your own facts.
What is an H&C case?
H&C is a request that IRCC use its discretion to let you apply for permanent residence from inside Canada, or to waive a requirement, because of your situation. IRCC says applying is an exceptional measure and not a general alternative route to permanent residence. See what H&C is.
Is H&C available to me?
Some situations limit or exclude H&C. Check these first:
Where you are. IRCC describes this application as one for people who are in Canada and need an exemption.
A refugee claim. Under section 25(1.2) of the Immigration and Refugee Protection Act, an H&C request generally cannot be examined while a refugee claim is pending, or until 12 months after a refused, withdrawn or abandoned claim becomes final, with limited exceptions. Get advice on your dates. See H&C after a refused refugee claim.
Certain inadmissibilities. Section 25(1) of the Immigration and Refugee Protection Act does not allow H&C relief for inadmissibility under sections 34, 35, 35.1 or 37 (security, human or international rights violations, and organized criminality). Other inadmissibility questions need individual advice.
Another application. IRCC says a person is only allowed to have one H&C application under consideration at a time.
Is there a better route?
IRCC says H&C is an exceptional measure and not a general alternative route to permanent residence. Before you consider it, check whether a family sponsorship, work-based or other permanent residence program fits you. See other PR pathways.
What do officers look at?
Officers weigh the whole picture. Factors that commonly come up include:
Establishment in Canada: how long you have been here, your work, community and ties. See establishment.
Family ties and separation: who is in Canada and who is abroad.
The best interests of a child: the effect of the decision on a child directly affected. See best interests of the child.
Hardship if you leave: including conditions in your home country and access to medical care. See hardship and country conditions and medical evidence.
IRCC also says that the cost and inconvenience of returning to your home country to apply is not, by itself, a sufficient reason.
Questions to ask yourself
What is my status today, and when did it start or end?
Do I have a refused refugee claim, a removal order or an inadmissibility issue?
Is there another permanent residence route I may qualify for?
Who in Canada depends on me or do I depend on?
Do I have a child whose life would change a lot if I left?
Do I have records of work, taxes, housing, school, community and health?
What hardship would I face in my home country, and how could I show it?
Have I been honest about my history, including past refusals?
What does a well-prepared file look like?
We cannot promise a result. A well-prepared file usually has clear, consistent, well-documented evidence on the factors above, and answers the officer's likely questions before they are asked. See the H&C documents checklist and how to write a personal statement.
Who does this affect?
People in Canada without a clear route to permanent residence
People whose status has expired
Families with children settled in Canada
Applicants with serious health needs
What should you do?
Write down your status, history and family details.
Check the limits above.
Collect evidence for establishment, family, a child's interests and hardship.
Have your situation reviewed before you apply, not after a refusal.
Not sure whether H&C fits? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your situation and your options. Book a case review.
Frequently asked questions
Who can apply for H&C?
IRCC describes H&C as an exceptional measure for people in Canada who need an exemption and can show sufficient and compelling reasons. See the eligibility post for details.
Is there a minimum time I must have been in Canada?
IRCC's H&C guidance does not set a minimum length of time in Canada. Officers weigh your whole situation.
Can I apply if I have a criminal record?
It depends on the facts. Some inadmissibility grounds are excluded from H&C relief, and others need individual advice.
Will H&C be approved if I have children in Canada?
Not automatically. A child's best interests are an important factor, but they are weighed with everything else.
Should I apply on my own?
That is your choice. An error can cost you time and money, so review your situation with a regulated professional first.
Key takeaways
H&C is an exceptional measure, not a guarantee.
Check whether H&C is available and whether another route fits better.
Officers weigh establishment, family, a child's best interests and hardship.
Get your own situation reviewed before you apply.
The bottom line
No checklist can say you have a case. It can show you what to look at, so that you can ask better questions and gather better evidence.
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; Immigration and Refugee Protection Act, s. 25.
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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