I Have a Removal Order. Can I Still Apply for H&C?
Updated: 2 days ago
The short answer: Having a removal order does not, on its own, stop a person from asking for humanitarian and compassionate (H&C) consideration. IRCC says you may be able to apply unless a listed restriction applies. But there is a hard limit: applying does not stop or delay removal. IRCC's guide says you must leave on the date set in the order. Because dates matter so much here, get advice quickly. A Regulated Canadian Immigration Consultant (RCIC) cannot represent you in Federal Court, and stay-of-removal motions there are in practice a job for a lawyer, so speak to a lawyer early. No result is guaranteed.
This article is part of our humanitarian and compassionate (H&C) application guide.
Urgent advice: If you have a removal date, do not wait. Speak to a lawyer or other qualified representative right away about your options and deadlines. Court deadlines can be as short as 15 days.
Can I apply for H&C if I have a removal order?
IRCC's page on refusal options says people under a removal order may be able to apply on humanitarian and compassionate grounds, unless one of the listed restrictions applies. Section 25(1) of the Immigration and Refugee Protection Act (IRPA) is the legal basis for H&C.
Some restrictions are in section 25(1.2) of the Act. The Minister may decline to examine a request if, for example:
another H&C request is already pending;
a refugee claim is pending at the Refugee Protection Division or Refugee Appeal Division;
a claim was found ineligible and a pre-removal risk assessment is pending; or
less than 12 months have passed since the relevant refugee decision (the 12-month bar).
Section 25(1.21) sets out limited situations where the 12-month bar does not apply. Whether any of these applies to you needs careful review.
Does an H&C application stop removal?
No. IRCC's Guide 5291 says an H&C application "will not delay your removal from Canada" and that you must leave on the specified removal date. IRCC's refusal-options page adds that IRCC will keep processing your application even if you have to leave Canada, and will tell you the decision in writing.
There is one narrow legal exception. Section 233 of the Immigration and Refugee Protection Regulations says a removal order is stayed if the Minister is of the opinion that a stay is justified by humanitarian and compassionate considerations. The stay lasts until a decision is made to grant or not grant permanent resident status. This is a decision by the Minister, not something that starts automatically when you file. IRCC has said a stay applies after a positive first-stage decision (approval in principle), but we could not find that statement on the IRCC pages we reviewed, and a stay does not exist before such a decision. Do not plan around it. Ask a lawyer how section 233 applies to your dates.
What are the risks of waiting?
H&C is an exceptional measure, and IRCC processing can take a very long time. Check the current IRCC processing times tool and our guide to H&C processing time. Since filing does not pause the removal date, a person with a removal order could be required to leave long before a decision. That is why the timing question should be answered by a professional before you file, not after.
When is a lawyer the right professional?
The Federal Court says a consultant who is not a lawyer may not represent you in Federal Court or give legal advice on the court process. You are allowed to represent yourself or to have a lawyer, but a motion to stay removal is a technical step, so in practice most people need a lawyer. We cannot act for you in court. Deadlines are short: under section 72 of the Act, a leave application for judicial review must be filed within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada. If your removal date is close, speak to a lawyer first.
What does an H&C file need to show?
IRCC says you must name each exemption you want, explain your reasons and show sufficient and compelling grounds. You must support every statement with evidence. Factors named in IRCC's guide include:
establishment in Canada;
ties to Canada;
the best interests of any child affected;
health;
family violence;
separation from relatives; and
country conditions.
The cost and inconvenience of applying from abroad are not enough on their own. If you are eligible for another in-Canada class, such as the spouse or common-law partner class, H&C is not the right route. If a child is affected, see best interests of the child in H&C.
What if I am 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, and the deadline is short. Speak to a lawyer quickly, because we cannot act in Federal Court. See H&C application refused: your options.
Frequently asked questions
Can I include my family?
IRCC says a spouse or common-law partner and dependent children in Canada can be included. Family outside Canada cannot be included but must be declared.
Do I have to report changes after I apply?
Yes. IRCC says you must tell it in writing if your personal situation changes, and you must keep your contact details current.
Next steps
If you have a removal order, the first step is a clear picture of your dates and deadlines. E-Pathway Immigration can help you understand whether H&C considerations may be relevant, identify the evidence and questions that need attention, and understand your options. Where court action is needed, we will tell you plainly that you should speak to a lawyer. A decision remains with IRCC.
Related guides: H&C complete guide · H&C application out of status · H&C after a refused refugee claim · H&C application refused: your options · H&C guide index · Bill C-12 ineligible claims and H&C · Can you travel while H&C is pending?
Last reviewed: October 2026
Sources: IRPA s. 25 · IRPR s. 233 · Federal Court: who may represent you · Federal Court: judicial review (immigration) · IRCC Guide 5291 · IRCC: Humanitarian and compassionate grounds (refusal options)
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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