Can H&C Consider Lack of Medical Care in My Home Country?
Updated: Oct 26
The short answer: Possibly, as one factor. IRCC's Guide 5291 lists health among the factors an officer may consider in a humanitarian and compassionate (H&C) application, along with conditions in the country of origin. An applicant or family member's medical needs, and whether care is available and accessible abroad, may be part of the file. It is not automatic, and approval is never guaranteed. A separate rule in section 25(1.21) of the IRPA mentions medical care, but it is narrow: it only lifts a 12-month waiting rule after a refugee claim process, in cases where removal would put a person's life at risk because no country of nationality can provide adequate health or medical care. It is not a general health route.
How health fits into H&C
Section 25(1) of the Immigration and Refugee Protection Act lets the Minister grant permanent residence, as an exception, where humanitarian and compassionate considerations justify it. IRCC calls H&C an exceptional measure. You must show sufficient and compelling grounds and support each statement with evidence.
The guide lists establishment in Canada, ties to Canada, the best interests of children, health, family violence, separation from relatives and country conditions as factors. Health is one of several. It is weighed with everything else in the file.
What does "lack of medical care" mean in practice?
A vague claim that healthcare is "poor" may not be enough. IRCC says you must provide evidence to support any statement you make, so a file usually needs to answer:
What is the condition, and what treatment does the person need?
What care is the person receiving in Canada?
Is comparable treatment available in the country of origin?
If it exists, can this person actually reach and use it, for example because of location, waiting times, cost, medication supply or discrimination?
Would the difficulty be faced in all areas of the country? IRCC's guide asks hardship evidence to address this, and, if you did not seek help locally, to explain why.
Do not assume services are missing. If they exist, explain honestly why they would not meet this person's needs.
Evidence that may help
Medical evidence
Letters or reports from the treating physician or specialist in Canada, describing the diagnosis, treatment, medication and ongoing needs.
Treatment records and test results.
Country-condition evidence
Information from reliable sources about the health system and the specific treatment in the country. Use named, dated sources.
Letters from doctors, hospitals or clinics in the home country, if you can get them, about availability and access.
Personal evidence
Your account of what treatment you tried before, and what happened.
Evidence of the support the person has in Canada, such as family caregivers.
If documents are in another language, see IRCC Guide 5291 on translations.
Is this the same as section 25(1.21)?
No, and this is a common misunderstanding.
Section 25(1.2) says the Minister may not examine an H&C request in certain situations. One is when less than 12 months have passed since a refugee decision. Section 25(1.21) says that 12-month bar does not apply if the person would face a risk to life on removal because no country of nationality can provide adequate health or medical care. It also does not apply if removal would adversely affect the best interests of a directly affected child.
Section 25(1.2) also lists other situations in which the Minister may not examine a request, and 25(1.21) does not change those. The provision only lifts the 12-month bar in 25(1.2)(c). It does not decide the H&C request, and it does not mean that poor medical care abroad is enough on its own. Because the wording is narrow and technical, get advice if it may apply to you. See our guide on H&C after a refugee claim is refused.
For in-Canada requests, section 25(1.3) also says refugee and protection factors cannot be considered in an H&C request, but hardship must be.
Medical inadmissibility
A person can be inadmissible on health grounds if their condition is likely to endanger public health or safety, or might reasonably be expected to cause excessive demand on health or social services (IRPA s. 38). Section 38(2) sets out exceptions to the excessive-demand ground for some groups, such as protected persons and certain sponsored family members, so whether it applies depends on the person's status. IRCC's guide says you and your family members must not have a health condition that is a danger to public health or safety or that would cause excessive demand on health or social services in Canada. You are not required to have a medical exam before you submit; results are valid for 12 months. The guide strongly suggests resolving any inadmissibility, if possible, before applying, and says an H&C exemption from an inadmissibility is given only in exceptional circumstances. If you are concerned about this, speak to a qualified representative before you file.
Common weaknesses
No medical letter, or a letter that says nothing about future needs.
Generic claims about a country's healthcare, with no source.
No explanation of why available care would not be accessible.
Ignoring other factors, such as establishment and family ties.
Treating section 25(1.21) as a stand-alone route.
Frequently asked questions
Does a serious illness mean H&C will be approved?
No. Health is a factor and officers weigh the whole file. No circumstance guarantees a result.
Does applying for H&C stop removal?
No. IRCC's guide says applying does not stop removal. Speak to a qualified representative about your timing.
Where do I check current wait times?
Use IRCC's processing times tool.
Next steps
If medical care is a concern in your case, start by gathering medical records and reliable information about care abroad. 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 after a refugee claim is refused · Best interests of the child in H&C · H&C service page · H&C guide index
Last reviewed: October 2026
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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