Does H&C Give You Legal Status? Can You Stay in Canada While It's Pending?
Updated: 2 days ago
The short answer: No. An H&C application does not give you status in Canada. IRCC's H&C guide also says that applying does not stop removal: if you are told to leave, you must leave on the removal date, and the application continues to be processed. A removal order can be stayed in some H&C situations, but IRCC has said that a stay applies only after a positive first-stage decision (approval in principle), not before. If you have a removal date, speak to a lawyer promptly. Your situation while you wait depends on the status you already hold, if any. Questions about working, studying or travelling should be checked with IRCC for your own circumstances. Approval is not guaranteed, and the decision is discretionary.
This article is part of our humanitarian and compassionate (H&C) application guide.
What does an H&C application do?
Section 25(1) of the Immigration and Refugee Protection Act (IRPA) lets the Minister grant permanent residence, or exempt a person from usual requirements, where humanitarian and compassionate considerations justify it. IRCC calls H&C an "exceptional measure." You must be in Canada to apply, and you must show sufficient and compelling grounds.
It is a request for a decision on permanent residence. It is not a visa, a permit or a temporary status.
Does applying stop removal?
Not by itself. IRCC's guide states that applying does not pause removal, that the applicant must leave Canada on the removal date, and that the application is still processed.
There is a separate rule. Section 233 of the Immigration and Refugee Protection Regulations says a removal order is stayed where the Minister is of the opinion that a stay is justified by humanitarian and compassionate considerations, and the stay lasts until a decision is made to grant or not grant permanent resident status. IRCC has said that this stay applies after a positive first-stage decision, called approval in principle. We are not aware of a stay before that point, and current IRCC practice should be confirmed for your file.
If you have a removal date, speak to a lawyer promptly. A refusal can be challenged by judicial review at the Federal Court, which has short deadlines (15 days if the decision was made in Canada, 60 days if made outside Canada). The application is filed by the applicant or a lawyer, and RCICs cannot represent clients at the Federal Court.
Does an H&C application give me status while I wait?
No. IRCC does not describe the application as giving any status. Your status stays what it was:
If you have valid temporary status, such as a work, study or visitor permit, check your expiry date with IRCC. The H&C application does not change it on its own.
If your status has expired, the application does not restore it.
If you have no status, whether and how you can apply depends on your facts, and you remain without status while you wait. Get advice on your own file.
You can find your options to restore or extend status in IRCC's own guidance. See our guide for people who are out of status and thinking about H&C.
Can I work, study or travel while I wait?
Check IRCC for your own status. Guide 5291 does not address work permits. IRCC's page on bridging open work permits does not list H&C among the applications covered, so we do not say that H&C applicants get a work permit. We also have not confirmed any travel rules for people with a pending H&C application. Get advice for your own case before you travel.
What must I do while the application is pending?
IRCC's guide says you must report changes, including:
a change in marital status;
a new child;
convictions;
a change in job.
Only one H&C application can be under consideration at a time. IRCC also returns incomplete applications. After approval in principle, a Quebec file is forwarded to the Ministry of Immigration, Francisation and Integration (MIFI) for a Quebec selection certificate (CSQ).
How long will I be waiting?
IRCC's guide gives no processing times. It refers you to IRCC's processing times tool. Our own posts have noted that this tool showed an estimate of more than 10 years for H&C in 2026. Check the tool for the current estimate and read our guide to H&C processing time.
Questions to ask before you apply
What is my current status, and when does it end?
Do I have a removal order or a removal date?
Am I eligible for another pathway, such as spousal sponsorship?
Do I have a refugee claim or other application pending? Section 25(1.2) says the Minister may not examine an H&C request in some cases, such as when a refugee claim is pending.
Next steps
If you are in Canada without secure status and wondering whether H&C fits, the first step is to understand your current position. 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 when out of status · H&C processing time · H&C application refused: your options · H&C guide index · What happens after you submit · Can you travel while H&C is pending? · Health care and school while H&C is pending (BC)
Last reviewed: October 2026
Sources: IRPA s. 25 · IRPR s. 233 · IRCC: Humanitarian and compassionate considerations · IRCC Guide 5291 · IRCC processing times
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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