Humanitarian and Compassionate (H&C) considerations under section 25(1) of the Immigration and Refugee Protection Act (IRPA) provide a discretionary mechanism by which foreign nationals who would otherwise be inadmissible or ineligible to apply for permanent residence through a standard immigration class can seek an exemption or a grant of permanent residence on the basis of their specific personal circumstances.

H&C is a last-resort discretionary tool, not a parallel immigration pathway. It is intended for cases where the strict application of IRPA would produce a result that is disproportionately harsh given the person's circumstances. For current guidance, application forms, and processing times, refer to the IRCC H&C page.

• IRPA, s 25(1) — the Minister (or a delegated officer) may, on application or on the Minister's own initiative, exempt a foreign national from IRPA requirements or grant them PR status if H&C considerations justify it
• IRPA, s 25(1.2) — restrictions on who can apply (e.g., refugee claimants mid-process; certain removal-pending persons)
• IRCC: Humanitarian and Compassionate Considerations — canada.ca/h-and-c
• IRCC: Guide 5291 — H&C Considerations — canada.ca/guide-5291
• IRCC: IMM 5283 — Supplementary Information: H&C Considerations — canada.ca/imm5283

What H&C can do

An H&C application can seek:

• An exemption from a requirement of IRPA — for example, an exemption from the requirement to apply for permanent residence from outside Canada (allowing an in-Canada application), or an exemption from an inadmissibility ground
• A grant of permanent residence where the person would otherwise not be eligible under any immigration class

An H&C application can be used to apply for permanent residence from within Canada where the applicant would not ordinarily be entitled to do so — for example, a person who has been in Canada long-term without status, or a person who does not qualify under any family class or economic class.

Key factors considered

Officers assess H&C applications holistically, considering all relevant circumstances. The most significant factors are:

1. Establishment in Canada

How established is the person in Canada? Relevant considerations include: length of time in Canada; employment history; community ties; volunteer work; language ability; integration; and contributions to Canadian society. Deeper establishment generally weighs more strongly in favour of the applicant.

2. Best interests of affected children

If the applicant has children in Canada (or children who would be affected by a decision), the best interests of those children must be considered. This is a statutory requirement — the officer must be "alert, alive and sensitive" to the children's interests (following the Baker Supreme Court decision). The best interests of the child are a significant factor but do not automatically override all other considerations — they are one important factor in the overall balancing.

3. Hardship

What hardship would the applicant (and any affected family members) face if the H&C application is not granted? This includes: difficulty in re-establishing in the country of origin; adverse country conditions; separation from family in Canada; health conditions; and any other personal circumstances that make the consequences of non-grant disproportionately harsh.

4. Family ties in Canada

The existence of close family members in Canada — particularly Canadian citizens or permanent residents — is a relevant factor, especially where separation would cause significant hardship.

What H&C cannot do

H&C is subject to important limits under IRPA. It cannot be used to overcome inadmissibility on the following grounds:

• Security inadmissibility (s 34)
• Human or international rights violations (s 35)
• Organised criminality (s 37)

H&C is also not a substitute for a refugee claim. Risk factors (persecution, torture, cruel/unusual treatment) can be relevant to hardship in an H&C assessment, but H&C does not provide the same protection as a positive RPD or PRRA determination. Persons who are found ineligible to make a refugee claim, or whose refugee claim has been refused, may still apply on H&C grounds — but the H&C decision-maker is bound by restrictions on re-weighing risk that was already assessed in a refugee proceeding (IRPA s 25(1.3)).

One H&C at a time

A person may have only one H&C application under active consideration at any given time. A new H&C application cannot be submitted while an earlier one is still pending decision.

Application process

H&C applications are submitted to IRCC using:

• IMM 5283 — Supplementary Information: Humanitarian and Compassionate Considerations (the H&C narrative form)
• IMM 5280 — Document Checklist: Humanitarian and Compassionate Considerations
• Supporting documentation evidencing the H&C factors claimed

Applications can now be submitted online. For current application instructions, required forms, and processing times, refer to the Guide 5291 and the IRCC processing times tool. Processing times for H&C applications have been significant due to high demand — applicants should refer to current IRCC estimates.

H&C and refugee proceedings

H&C and refugee protection are separate processes with separate decision-makers. A person who has a pending refugee claim before the RPD generally cannot simultaneously have an H&C application assessed (IRPA s 25(1.2)(b)). After a refugee claim is resolved, H&C remains available as a separate avenue — subject to the restriction that risk factors already assessed in refugee proceedings cannot simply be re-weighed in an H&C application.

H&C applications are highly fact-specific and depend entirely on the particular circumstances of each applicant. The strength of an H&C application depends on the cumulative weight of the establishment, best interests of children, and hardship factors — no single factor is determinative. As of 2026, H&C processing times have been affected by high demand and limited admissions targets under the H&C and other categories. For current processing times and application instructions, refer to the IRCC H&C page.