Humanitarian and Compassionate Grounds in Canada: Complete Guide

For individuals facing exceptional hardship, including those who have received a removal order and are running out of options, humanitarian and compassionate grounds (H&C) provide a pathway to permanent residency in Canada that standard immigration programs do not offer.

Many H&C applications are filed by people who are already subject to a removal order and need to demonstrate compelling reasons to remain in Canada while the application is assessed. H&C is not a guaranteed stay of removal: a separate deferral request or stay motion may be required to remain in Canada while IRCC processes the application, which typically takes 24 to 36 months.

At Kingwell Immigration Law, we advise clients on both the H&C application itself and the interim steps needed to prevent removal while it is pending.

Here’s an overview of the application process for H&C consideration and how we will help:

Determine Eligibility – Our lawyer reviews your case.
Gather Documents – Strong evidence is collected and organized.
Complete & Submit Application – Forms are correctly filled and submitted.
Monitor Progress – Updates are tracked, and IRCC requests are handled.
Plan Next Steps – Approval leads to PR guidance; refusals explore options.

Stop your deportation! If you’re established in Canada, our Canada deportation lawyer will help gather evidence to support your claims and handle the immigration process

What are humanitarian and compassionate grounds?

Humanitarian and compassionate grounds refer to a special category under Canadian immigration law that allows individuals to apply for permanent residency based on exceptional personal circumstances. This pathway is designed for people who do not qualify under standard immigration programs but have compelling reasons to remain in Canada.

Under Section 25(1) of the Immigration and Refugee Protection Act (IRPA), immigration officers have the discretion to grant exemptions to applicants who demonstrate significant hardship, strong ties to Canada, or risk if removed to their home country. Each application is assessed individually, with officers considering various humanitarian factors.

Humanitarian and compassionate considerations: who can apply?

To qualify for an H&C application, you must:

Be in Canada or applying for permanent residency from abroad.
Show extreme hardship if removed from Canada.
Demonstrate strong establishment in Canada (work, family, community ties).
Prove exceptional circumstances that justify an exemption from standard immigration rules.

Who cannot apply for a Humanitarian visa in Canada?

The following individuals do not qualify for an H&C application:

Individuals with a pending refugee claim (they must withdraw it first).
Those who received a negative refugee decision in the past 12 months (One-Year Bar).
Designated Foreign Nationals, who are restricted from applying for H&C for five years.
Cases involving risk factors like persecution or torture, which must be addressed through refugee claims rather than H&C applications.

Additional reading: Canada H&C application lawyer

The application process for a compassionate visa in Canada

Applying for humanitarian and compassionate consideration is not a simple process. It requires strong supporting evidence, a compelling personal statement, and careful preparation. Unlike other immigration applications, H&C cases are discretionary, meaning an officer will decide based on the unique circumstances of each applicant.

Here’s a step-by-step breakdown of how to apply for an H&C exemption and what to expect at each stage.

Step 1: Eligibility assessment

Before applying, you must determine if you qualify for an H&C application.

Checking if you meet the criteria

You do not qualify for any other immigration program (e.g., Express Entry, family sponsorship, or refugee status).
You face significant hardship if forced to leave Canada.
You have strong ties to Canada, such as employment, family, or community connections.
Your case is not barred (e.g., you don’t have a pending refugee claim or a one-year bar from a previous refugee claim refusal).

Consulting our immigration lawyer

While not required, our experienced immigration lawyer will review your case to see if an H&C application is the best option.
Our lawyer will help you prepare strong evidence and avoid common mistakes that may lead to rejection.

Why it’s important: Many H&C applications fail due to weak evidence or procedural errors. Getting legal advice early can improve your chances of success.

Step 2: Preparing the application

A well-prepared application is critical to success. It must clearly explain why you should be granted an exemption under H&C grounds and include strong supporting evidence.

Complete the required forms & pay fees

The first step is filling out IMM 5283 – Application for Permanent Residence – Humanitarian and Compassionate Consideration and ensuring all sections are accurate and complete.

Along with this, you must pay the required processing fee, which is $570 CAD per adult and $155 CAD per child. Missing or incorrect information can delay processing, so double-check before submission.

Write a personal statement

Your personal statement is one of the most important parts of the application. This is where you explain why leaving Canada may cause undue hardship and why you deserve to stay. It should include details about your life in Canada, your struggles, and the risks you face if removed.

The statement should be clear, honest, and emotionally compelling, helping the immigration officer understand your unique situation.

Gather supporting documents

To strengthen your case, you need strong supporting documents. These may include:

Proof of establishment in Canada, such as work records, tax documents, pay stubs, letters from employers, landlords, or community leaders, and proof of volunteer work or community involvement.
Medical records if health issues are a factor, including doctor’s letters explaining medical conditions and proof that required medical treatment is unavailable in your home country.
Family and support letters, including statements from relatives, friends, religious leaders, or community members explaining how your removal would impact them.
Evidence of hardship in your home country, such as news reports, human rights documents, or letters confirming the dangers you would face if forced to return.

Why it’s important: Immigration officers will not investigate your case for you—our deportation lawyer in Canada will help you provide convincing and well-documented evidence.

Step 3: Submitting the application

Where and how to file

Applications are submitted to Immigration, Refugees and Citizenship Canada (IRCC).
You can file: Online through IRCC’s Permanent Residence Portal (if eligible) or by mail to the appropriate IRCC office.

Processing times & potential delays

H&C applications typically take 24-36 months for a decision.
Delays may occur if the application is incomplete or more supporting documents are needed. Also, it may be delayed if there is a backlog at IRCC.

What to expect: After submission, you will not receive frequent updates. IRCC will contact you only if they need more information or have made a decision.

Step 4: Assessment & decision-making

Once your application is received, an immigration officer reviews it to determine whether you qualify for an H&C exemption.

Discretionary decision by IRCC officer

Officers have full discretion and make decisions on a case-by-case basis.
Immigration officers will assess your level of establishment in Canada, the best interests of any children involved, and the hardship you would face if required to leave.

Possible request for additional information

If more details are needed, the officer may request additional documents, such as updated medical records or proof of employment, or schedule an interview to clarify aspects of your case.

Why it’s important: Officers are not required to approve H&C applications. A strong, well-documented application is key to success.

Step 5: Possible outcomes & next steps

Once the review is complete, IRCC will issue one of two decisions:

Approval: Pathway to permanent residency

If approved, you will receive instructions on becoming a permanent resident.
You may be required to submit medical exams, background checks, or biometrics before finalizing your PR status.

Rejection: What to do next

If refused, you cannot appeal to the Immigration Appeal Division. However, you have options:

Request for Reconsideration – If you believe IRCC made an error, you can ask for a review.
Judicial Review (Federal Court Appeal) – If you believe the decision was unfair or legally incorrect, you can challenge it in the Federal Court of Canada.
Submit a New H&C Application – If your situation changes or worsens, you may reapply with stronger evidence.

Additional reading: PRRA application

Facing removal? Our Canada deportation lawyer will help if you’re established in Canada and need guidance through the immigration process. Contact us today.

Key differences between H&C and other immigration programs

Factor	H&C Applications	Refugee Claims	Economic/Family Sponsorship
Based on Hardship?	Yes	Yes	No
Legal Right to Apply?	No (Discretionary)	Yes	Yes
Best Interests of Child Considered?	Yes	Yes	No (Unless family sponsorship involves minors)
Reviewed by Immigration Officers?	Yes	Yes	Yes
Can Apply from Outside Canada?	Yes	No	Yes

Why H&C applications are important

Many people in Canada live in legal limbo, unable to qualify for traditional immigration programs but unable to return to their home countries due to personal hardship. H&C applications offer a last-resort solution for those who have integrated into Canadian society and would suffer extreme consequences if forced to leave.

In the next section, we will explore the key factors immigration officers consider when evaluating an H&C application and what evidence applicants should provide to strengthen their case.

Additional reading: how to win an admissibility hearing

Key factors considered in H&C applications

When reviewing humanitarian and compassionate applications, immigration officers do not follow a strict checklist. Instead, they consider a range of personal and humanitarian factors to determine if an applicant deserves an exemption from normal immigration rules. Each case is assessed individually, meaning the strength of your application depends on how well you present your circumstances.

Below are the most important factors that immigration officers take into account:

1. Level of establishment in Canada

One of the most important things officers look at is how well you have settled in Canada. They assess:

How long you have lived in Canada.
Whether you have a stable job or financial independence.
Your education, language skills, and contributions to your community.
Involvement in volunteer work, religious groups, or cultural activities.

2. Family ties in Canada

If you have close family members in Canada, this can strengthen your case. This includes:

Spouses, children, parents, or siblings who are permanent residents or citizens.
Relatives who depend on you for financial or emotional support.
Whether family separation would cause significant hardship.

Why It Matters: The longer and stronger your connection to Canada, the harder it will be for you to start over in another country.

3. Best interests of a child (BIOC)

If a child would be affected by your removal, immigration officers must consider their well-being. This includes:

Whether the child is a Canadian citizen or permanent resident.
The emotional and psychological impact of separation.
Their education, health, and access to basic needs.

Why It Matters: Canada prioritizes the well-being of children (Kanthasamy v. Canada case). If your removal would harm a child’s development or stability, it strengthens your application.

4. Hardship if forced to leave Canada

You must show that returning to your home country would cause severe difficulties, such as:

Lack of job opportunities or income to survive.
Discrimination, violence, or social exclusion.
Medical conditions that cannot be treated in your home country.
Gender-based violence, LGBTQ+ persecution, or political instability.

Why It Matters: If you would face unfair treatment, danger, or severe struggles, it helps prove why you should stay in Canada.

5. Health issues and medical considerations

If you or a dependent have a serious medical condition, officers consider:

Whether treatment is available and affordable in your home country.
If your health would worsen due to poor healthcare access.
The emotional and physical impact of being removed.

Why It Matters: If lifesaving medical care is unavailable in your home country, officers may grant you H&C status.

6. Community and social integration

Officers also look at how involved you are in your community. They consider:

Your reputation among neighbours, co-workers, and local organizations.
Letters of support from employers, religious groups, or community leaders.
Whether you are law-abiding and have no criminal history.

Why It Matters: A well-integrated applicant is seen as a positive addition to Canada, making officers more likely to approve the case.

7. Risk factors and country conditions

Some applicants come from dangerous or unstable countries. Officers look at:

Political violence, war, or human rights abuses.
If the applicant belongs to a persecuted group (LGBTQ+, ethnic minorities, religious groups).
Economic conditions and lack of basic necessities.

Why It Matters: If returning home would put your life in danger, it strengthens your case for staying in Canada. Let our Canada deportation lawyer guide you through the decision-making process. Book a consultation now.

Common challenges when applying on human and compassionate grounds

Proving hardship & compassionate grounds

Many applications fail due to a lack of strong evidence.
You must clearly show why leaving Canada would cause serious hardship.
Detailed documents (medical records, support letters, proof of establishment) improve your chances.

Delays & processing times

H&C applications take 24-36 months on average.
Delays happen due to backlogs, missing documents, or extra reviews.
You can minimize delays by submitting a complete and well-prepared application.

Filing an H&C application does not automatically stop your removal. If you are subject to a removal order, a separate deferral request to CBSA or a stay motion at the Federal Court may be required to remain in Canada while your H&C application is processed.

Speak with our team about what interim steps apply in your situation.

Judicial review & appeals

If your H&C application is refused, you cannot appeal to the Immigration Appeal Division. Your recourse is a judicial review at the Federal Court of Canada, and only lawyers, not immigration consultants, can represent you there.

A judicial review challenges whether IRCC’s decision was reasonable and procedurally fair. If successful, the Court does not grant the H&C application itself; it sends the case back to IRCC for reconsideration by a different officer.

In Yasmin v Minister of Citizenship and Immigration (2018 FC 265), Kingwell Immigration Law successfully appealed a permanent residence refusal to the Federal Court on the basis that IRCC had not provided the applicant with evidence of a fingerprint match, in breach of procedural fairness. The Court ordered IRCC to reconsider the application.

If you are considering a judicial review of an H&C refusal, timing matters. Applications for leave and judicial review must be filed within 15 days of a decision made in Canada. Missing that deadline forfeits the right to challenge the decision at the Federal Court.

How Kingwell Immigration Law will help

Applying for humanitarian and compassionate consideration can be challenging, but you don’t have to go through it alone. At Kingwell Immigration Law, we provide guidance and support to help you handle the process.

How we assist with H&C applications

Assessing Your Case – We review your situation to determine if an H&C application is the right option.
Application Preparation – We help gather the necessary documents and ensure all forms are completed correctly.
Legal Submissions – We assist in writing a strong personal statement and compiling supporting evidence.
Judicial Review Support – If your application is refused, we can help you explore legal options.

Why work with us?

Personalized Support – We take the time to understand your unique situation.
Strong Case Preparation – A well-organized application improves your chances of success.
Clear Guidance – We help you avoid common mistakes and delays.

Get in touch

If you need assistance with an H&C application, we are here to help. Contact us for a consultation to discuss your options.

Call us at 416.988.8853
Email us at info@kingwelllaw.com
Book a Consultation

Do you have an urgent immigration issue? Our lawyer will strengthen your case with the right evidence and guide you through the decision-making process. Schedule a consultation now.