Who Can Apply for H&C in Canada? Eligibility Requirements (2026)
Updated: Oct 26
The short answer: IRCC says an H&C application is for a foreign national currently living in Canada who needs an exemption from one or more requirements of Canada's immigration law. It is not for people who could instead apply as a spouse or common-law partner, in an economic class, as a protected person or as a temporary resident permit (TRP) holder. Only one H&C application can be under consideration at a time, and a pending refugee claim can prevent IRCC from examining it. IRCC calls H&C an exceptional measure, and eligibility to apply is not a promise of approval.
This article is part of our humanitarian and compassionate (H&C) application guide.
Do you have to be in Canada?
IRCC's H&C page and Guide 5291 describe the application for people living in Canada. IRPA section 25(1) also allows a request from outside Canada in certain cases, but that is a different situation, and this guide does not cover it.
Which pathways must you not be eligible for?
Guide 5291 says not to use the H&C application if you are eligible under any of these:
Spouse or common-law partner class
Economic class
Protected person and Convention refugee class
TRP holder class
Reading this carefully matters. If you may be eligible for one of these, IRCC expects you to use that route. See H&C vs spousal sponsorship and H&C vs other PR pathways.
When can IRCC refuse to examine a request?
Under IRPA section 25(1.2), the Minister may not examine an in-Canada request if, for example:
Another H&C request is pending.
A refugee claim is pending before the Refugee Protection Division or Refugee Appeal Division.
A claim found ineligible is pending as a protection application.
Less than 12 months have passed since the relevant refugee decision, with timing rules that depend on appeal and review history.
Section 25(1.21) sets limited exceptions to the 12-month rule, for the case where removal would risk life because of a lack of adequate health care in the person's countries of nationality, or would adversely affect the best interests of a directly affected child. Whether any of this applies to you is a legal question. See H&C vs refugee claim and H&C after a refugee claim is refused.
Does immigration status matter?
The sources we reviewed do not make a valid temporary status a condition of applying. People living in Canada without status may still be considered, but they should understand the risks. See H&C while out of status and after permit expiry.
What do you still have to show?
Being able to apply is only the first step. IRCC says you must name each exemption you request, explain why, and show sufficient and compelling reasons. Factors named in the guide include establishment, ties to Canada, the best interests of children, health, family violence, separation from relatives and country conditions. Cost and inconvenience of applying from abroad are not enough alone. IRCC also says inadmissibility issues should be resolved first where possible. See what documents to prepare.
Can family members be included?
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. See including family members.
What if you have a removal order?
IRCC says applying does not delay removal. If you have a removal date, speak to a lawyer or other qualified representative right away. See H&C with a removal order.
Next steps
Before preparing an application, check each route above and note which factors apply to you. 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 glossary · Is H&C a last resort? · H&C vs spousal sponsorship · Documents checklist · 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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