H&C Applications

H&C applications are Canadian permanent residence applications that are filed within Canada as a result of humanitarian or compassionate circumstances. It is for people who have made Canada their home despite not having legal status in Canada. Even if you or someone you know is living in Canada without proper documentation, there are still options! Obtaining Canadian permanent residence status may be possible if you qualify for an H & C.

Who may use this application?

This application may be used to apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:

Are a foreign national currently living in Canada

Need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulationsin order to apply for permanent residence within Canada

Believe humanitarian and compassionate considerations justify granting the exemption(s) you need

From within Canada, you cannot apply for permanent residence in any of these categories:

  • Spouse or Common-Law Partner
  • Live-in Caregiver
  • Caregivers: caring for children or people with high medical needs
  • Protected Person and Convention Refugees
  • Temporary Resident Permit Holder.

Who may not use this application?

You may not apply for H&C consideration if you:

Are a Canadian citizen,

A permanent resident

Have submitted an H&C application for which a decision has not been made

Have an outstanding refugee claim

If you became a designated foreign national within the last five years. In addition you cannot apply for H&C consideration if you:

  • The Refugee Protection Division or the Refugee Appeal Division of the IRB rejected a refugee claim within the last 12 months (including abandoned claims)
  • Unless the claim was withdrawn before your hearing at the IRB, you must have withdrawn a refugee claim within the last 12 months