Spousal Sponsorship Not Possible? When H&C May Be an Option
Updated: 3 days ago
The short answer: If you cannot sponsor your spouse or partner, or the person you want to sponsor cannot be sponsored, for example because of an inadmissibility such as a medical one, you may be able to ask IRCC for permanent residence on humanitarian and compassionate (H&C) grounds. H&C is discretionary and is not a back-up for people who are eligible for spousal sponsorship: IRCC says H&C applicants cannot be eligible under the spouse or common-law partner class. Every case is assessed differently, so the best step is to speak with us before you file anything. IRCC decides every application.
When can H&C be an option if sponsorship is not possible?
H&C comes from section 25(1) of the Immigration and Refugee Protection Act. It lets IRCC consider the personal circumstances of a person in Canada who does not meet a usual requirement. It may be worth asking about when, for example:
the sponsor is not eligible to sponsor under IRCC's rules;
the person you want to sponsor cannot be sponsored, because the relationship does not meet the definition of a spouse, common-law partner or conjugal partner;
the person is inadmissible, for example on medical or other grounds, and there are reasons to ask for an exemption.
Can H&C help if there is an inadmissibility, such as a medical one?
Sometimes. An H&C request can ask IRCC to exempt a person in Canada from a requirement they do not meet, and an officer may consider some inadmissibilities, including medical ones. Not all can be waived. Section 25(1) of the Act excludes inadmissibility for security reasons, human or international rights violations and organized criminality (sections 34, 35 and 37). Whether an exemption is possible, and whether H&C is worth filing, depends on your facts.
Every case is assessed differently
H&C is an exceptional, discretionary measure and it may be refused. IRCC may weigh the relationship, how settled you are in Canada, children, health and other factors, and no result can be promised. The best step is to speak with us, so we can review your facts and tell you which options fit.
How are the two routes different?
Spousal sponsorship is a family program. IRCC's page covers sponsoring a spouse, common-law partner, conjugal partner or dependent child. A sponsor and the person being sponsored each have to meet requirements.
H&C comes from section 25(1) of the Immigration and Refugee Protection Act. The Minister may grant permanent residence, or exempt a person from usual requirements, where humanitarian and compassionate considerations justify it. IRCC calls it an "exceptional measure" and expects sufficient and compelling grounds. Cost and inconvenience of applying from abroad are not enough on their own.
Why does IRCC point to sponsorship first?
IRCC's H&C page says the process is for people in Canada who need an exemption and who are not eligible to apply in the spouse or common-law partner, economic, protected person or temporary resident permit holder classes. So H&C is not a second chance to apply if a relationship-based route is available to you.
What does IRCC say about who can be sponsored?
IRCC's description of who you can sponsor says:
Spouse: legally married to you, at least 18, in a genuine relationship with you, and not inadmissible to Canada.
Common-law partner: not legally married to you, and has lived with you for at least 12 consecutive months. Short, temporary time apart is allowed.
Conjugal partner: lives outside Canada and has been in an exclusive, mutually interdependent relationship with you for at least one year, and may not be able to live with you in their country of residence or marry you, for reasons such as marital status, sexual orientation or persecution. Check IRCC's page for the full wording.
Genuine relationship: not only for the purpose of getting permanent resident status.
Who can be a sponsor?
IRCC says a sponsor must be at least 18, a citizen, a permanent resident or a person registered under the Indian Act, and must live in Canada. A sponsor signs an undertaking. IRCC also lists people who cannot sponsor, including those who:
are in jail, prison or a penitentiary;
are bankrupt and not discharged;
receive social assistance for a reason other than disability;
have received a removal order and must leave Canada;
have a sponsorship application for the same person that has not yet been decided.
IRCC also lists other barriers, such as recent permanent residence through a spouse or partner sponsorship, unpaid immigration debts or family support, and certain convictions. Read IRCC's sponsor eligibility page for the full list.
Two rules to keep in mind
First, the H&C guide says you cannot use H&C if you are eligible under the spouse or common-law partner class. Second, if a spousal application was refused, read our guide to spousal sponsorship refused: options before filing anything else.
Can I file both?
IRCC's H&C guide says only one H&C application can be under consideration at a time. How a pending sponsorship and a pending H&C request affect each other depends on the facts, so get advice on your own file before filing a second application.
Can my spouse or children be included in an H&C application?
IRCC says family in Canada, such as a spouse or common-law partner and dependent children, can be included. Family outside Canada cannot be included but must be declared.
Quick questions to ask yourself
Are we legally married or have we lived together for at least 12 months?
Is the sponsor a citizen, permanent resident or person registered under the Indian Act, living in Canada?
Does the sponsor face any of the listed barriers?
Is there inadmissibility, a removal order or a past refusal in the file?
Next steps
If you are not sure whether sponsorship or H&C fits, the first step is to review your facts. Every 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: Spousal and common-law sponsorship · Spousal sponsorship refused: options · H&C complete guide · H&C application page · H&C guide index
Last reviewed: November 2026
Sources: Immigration and Refugee Protection Act, s. 25 · IRCC: Humanitarian and compassionate considerations · IRCC: Sponsor your spouse, partner or child
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.
Comments