Can You Apply for H&C if You Are Inadmissible for Misrepresentation or Medical Reasons?
The short answer: Yes, the Act does not exclude misrepresentation or medical inadmissibility from H&C. Section 25(1) excludes inadmissibility under sections 34, 35, 35.1 and 37, and other restrictions in section 25(1.2) can apply. IRCC calls H&C "an exceptional measure", so a request is not an approval.
What does the law say about H&C and inadmissibility?
As of November 2026, the rule is this. Section 25(1) says the Minister must examine a request from a foreign national in Canada who applies for permanent resident status and is inadmissible or does not meet the Act's requirements, "other than under section 34, 35, 35.1 or 37." Section 34 covers security, section 35 covers human or international rights violations, and section 37 covers organized criminality. For section 35.1, see the Act. Section 25(1.2) separately limits who can make an H&C request, so check it as well.
Sections 38 (health) and 40 (misrepresentation) are not in that list. IRCC's guide to H&C applications says that if an inadmissibility cannot be resolved before you apply, an H&C exemption may be requested, but "such exemptions are given only in exceptional circumstances."
IRCC's officer guidance on dealing with inadmissibility in H&C says decision makers must determine whether the H&C considerations are sufficient to warrant a waiver. If they are not, the application should be refused.
For how criminality fits, see H&C and criminal inadmissibility.
What is misrepresentation, and how long does it last?
Under section 40(1)(a) of the IRPA, you are inadmissible for "directly or indirectly misrepresenting or withholding material facts relating to a relevant matter" that induces or could induce an error in the administration of the Act. Section 40(1) also covers other situations, such as being sponsored by someone found inadmissible for misrepresentation.
Under section 40(2)(a), you remain inadmissible for five years. For a determination made outside Canada, the five years run from the final determination. For a determination made in Canada, they run from the date the removal order is enforced.
Section 40(3) says a foreign national who is inadmissible under this section "may not apply for permanent resident status" during that period. The Federal Court has held that section 40(3) does not prevent an H&C request under section 25(1) (Sedki v. Canada (Citizenship and Immigration), 2021 FC 1071). The Minister appealed, but the Federal Court of Appeal dismissed the appeal as moot in Minister of Citizenship and Immigration v. Sedki, 2022 FCA 179, without answering the certified question. IRCC's officer page lists section 40(3) as a heading without further guidance.
What is medical inadmissibility for excessive demand?
Section 38(1)(c) of the IRPA makes a foreign national inadmissible on health grounds if their health condition "might reasonably be expected to cause excessive demand on health or social services."
According to IRCC's help centre, there is no specific health condition that automatically leads to inadmissibility, and each applicant is assessed individually. Officers rely on the immigration medical exam and consider:
Current health: the current state of your health condition
Prognosis: the likely prognosis
Cost: the cost of health and social services you will need over the next 5 to 10 years
Wait lists: the effect your care would have on wait lists for health and social services in Canada
IRCC describes the cost threshold as treatment and management services that would likely cost more than the Canadian average for health and social services per person.
Who is not subject to excessive demand?
Section 38(2) says the excessive demand ground does not apply to some people, including:
A foreign national determined to be a member of the family class and the spouse, common-law partner or child of a sponsor
A person who applied for a permanent resident visa as a Convention refugee or in similar circumstances
A protected person
If prescribed, the spouse, common-law partner, child or other family member of one of those people
If you might fall into one of these groups, see whether a section 38(2) exception applies. See H&C compared with other PR pathways.
Is a mitigation plan an option?
IRCC says a mitigation plan explains how an applicant will avoid an excessive demand on health or social services by covering related costs. IRCC also says "Not everyone can give a mitigation plan," and that applicants who qualify are invited to submit one. A plan cannot cover publicly funded health services, with a limited exception for outpatient prescription medication in some provinces and territories. IRCC's page does not say how mitigation plans work in H&C applications, so ask before you rely on one.
If a child's health is the issue, see H&C and a child's medical inadmissibility. For evidence of a health condition, see H&C medical evidence.
Does honesty matter in an H&C file?
Yes. IRCC's guide warns that "It is a serious offence to give false or misleading information on these forms." Check what each form asks and answer every question accurately. For the full picture, see the H&C guide.
Who does this affect?
People who were found inadmissible for misrepresentation in the past
People whose immigration medical exam raised an excessive demand concern
Families where one member has a serious health condition
People unsure whether an earlier application contained an error
What should you do?
Write down exactly what the finding or concern is, and the date and section number on any letter.
Check whether you could fall under a section 38(2) exception.
Collect records on your health condition, treatment and likely costs.
Gather evidence on your life in Canada, your family and any child's best interests.
Get your situation reviewed before you apply.
Not sure how an inadmissibility affects your options? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your situation. Book a case review.
Frequently asked questions
Can I apply for H&C if I have a misrepresentation finding?
Section 25(1) of the IRPA does not exclude section 40 from H&C relief. Section 40(3) bars applying for permanent resident status during the five-year period, but the Federal Court held in Sedki, 2021 FC 1071, that it does not prevent an H&C request.
Can I apply for H&C if I am medically inadmissible?
Section 25(1) does not exclude section 38. IRCC calls H&C "an exceptional measure", so a request is not an approval.
How long does a misrepresentation finding last?
Under section 40(2)(a), five years, counted from the final determination if made outside Canada or from the date the removal order is enforced if made in Canada.
Does every health condition make me inadmissible?
No. According to IRCC, no specific condition automatically leads to inadmissibility, and each applicant is assessed individually.
Are some people exempt from excessive demand?
Yes. Section 38(2) lists groups such as sponsored spouses, common-law partners and children in the family class, and protected persons.
Can I give IRCC a mitigation plan?
IRCC says not everyone can give one, and qualifying applicants are invited to submit one. Ask about your own case.
Which inadmissibilities can H&C not cover?
Section 25(1) of the IRPA excludes inadmissibility under sections 34, 35, 35.1 and 37.
Should I tell IRCC about a past refusal?
IRCC warns that false or misleading information is a serious offence, so answer every question accurately.
Key takeaways
Section 25(1) excludes sections 34, 35, 35.1 and 37, not sections 38 or 40.
IRCC says H&C exemptions are given only in exceptional circumstances.
Misrepresentation lasts five years under section 40(2)(a), and the Federal Court held in Sedki that section 40(3) does not prevent an H&C request.
Excessive demand is assessed individually, and section 38(2) exempts some groups.
The bottom line
The Act does not close the door on H&C for people with misrepresentation or excessive demand concerns, but IRCC calls H&C an exceptional measure and the decision maker must find the H&C considerations sufficient to warrant a waiver. Know your section, your dates and your evidence before you apply.
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: Sedki v. Canada (Citizenship and Immigration), 2021 FC 1071; Minister of Citizenship and Immigration v. Sedki, 2022 FCA 179; Immigration and Refugee Protection Act, s. 25; IRPA, s. 38; IRPA, s. 40; IRCC, Guide 5291, Humanitarian and compassionate considerations; IRCC, H&C: Dealing with inadmissibility; IRCC, How do officers decide excessive demand; IRCC, What does medically inadmissible for excessive demand mean; IRCC, Mitigation plans for excessive demand.
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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