H&C Application Process

An H&C application is a written submission to Immigration, Refugees and Citizenship Canada (IRCC) requesting that the Minister exercise discretion under IRPA s 25 to exempt the applicant from one or more requirements of IRPA or the IRPR. The application is assessed by an immigration officer who considers all H&C factors presented.

H&C applications are submitted on form IMM 5291 and must be accompanied by supporting documentation and a written personal statement explaining the H&C circumstances.

The application is made under IRPA s 25(1), which grants the Minister discretion to grant relief where satisfied that H&C considerations justify it. The Immigration and Refugee Protection Regulations (IRPR) set out procedural requirements. Processing is governed by IRCC's H&C Program Delivery Instructions, which are publicly available but are not legally binding legislative instruments.

Stage 1 — Application lodgement

The applicant submits form IMM 5291 with:

• A personal statement describing the H&C circumstances and the hardship that would result from removal;
• Evidence of establishment in Canada (employment records, tax returns, community involvement, letters of support);
• Evidence relating to any affected children (school records, evidence of the child's life in Canada, BIOC submissions);
• Country condition documents if hardship in the country of origin is claimed;
• Medical documentation if health is a relevant factor.

Stage 2 — Officer assessment

An IRCC officer reviews all submissions and assesses whether the H&C factors, weighed holistically, justify granting relief. The officer may request additional information or schedule an interview. The officer is not required to hold an oral hearing and most H&C cases are decided on the written record.

Processing times for H&C applications are typically long — often 24–48 months or more. Applicants may remain in Canada during processing if they have maintained lawful status or hold a valid permit.

Stage 3 — Decision

If the H&C application is approved in principle, the applicant proceeds to complete medical, security, and criminality checks. Upon clearance, permanent residence is formally granted.

If the application is refused, the applicant may apply for judicial review to the Federal Court within 15 days (if inside Canada) or 60 days (if outside) of receiving the decision. Judicial review is on a reasonableness standard. There is no merit appeal of H&C refusals to the Immigration Appeal Division.

Effect on removal

Submitting an H&C application does not automatically stay a removal order. Applicants under a removal order who submit an H&C application should seek a deferral of removal from the Canada Border Services Agency (CBSA) and, if necessary, apply to the Federal Court for a stay of removal pending judicial review of any refused H&C decision.