Humanitarian applications
A Humanitarian and Compassionate (H&C) application for permanent residence is a request for discretionary relief asking the Canadian government to grant an exemption from certain requirements of the Immigration and Refugee Protection Act (IRPA) or its Regulations. These applications are designed to address cases where strict application of the law would result in hardship or injustice.
H&C applications are most commonly used by individuals who have been living in Canada for many years without legal status, or who are otherwise inadmissible or ineligible for permanent residence through other immigration programs. In this way, the humanitarian and compassionate process functions as a critical safety valve within Canada’s immigration system—allowing deserving individuals to obtain permanent resident status and, ultimately, Canadian citizenship, despite complex or non-compliant immigration histories.
The Legal Test for Humanitarian and Compassionate Relief
Applications for permanent residence on humanitarian and compassionate grounds are assessed based on the applicant’s compelling personal circumstances. Canadian immigration officers apply a legal test originating from the Federal Court decision in Chirwa, a test that has since been endorsed by the Supreme Court of Canada in Chieu and later in Kanthasamy.
Under this test, decision-makers must consider whether a reasonable person in a civilized society, upon reviewing the applicant’s circumstances, would be motivated to take steps to alleviate the hardship the applicant would face if relief were refused. If the answer is yes, humanitarian and compassionate relief should be granted.
Factors Considered in an H&C Application
When assessing a humanitarian and compassionate application, an immigration officer is legally required to consider “all of the circumstances of the case,” including but not limited to:
- The degree of the applicant’s establishment in Canada, including length of residence, employment history, community involvement, and family ties
- The hardship the applicant would face if required to return to their country of nationality
- The best interests of any children directly affected by the decision
- Any other relevant humanitarian or equitable considerations arising from the facts of the case
Why Experienced Legal Representation Matters
Humanitarian and compassionate applications are highly discretionary and subjective, making outcomes difficult to predict. There is no right of appeal from a refused H&C application. A negative decision can only be challenged through an application for judicial review in the Federal Court of Canada, a complex and technical legal process.
For these reasons, it is essential to work with an experienced Canadian immigration lawyer who understands how to properly frame evidence, marshal persuasive humanitarian factors, and present a compelling legal narrative that aligns with established jurisprudence and policy.
Trusted Experience with H&C Applications
The lawyers at Mamann Sandaluk LLP have extensive experience representing clients in humanitarian and compassionate applications across Canada. For decades, we have assisted individuals and families in overcoming inadmissibility, lack of status, and other immigration barriers, helping them secure permanent residence and build stable futures in Canada.
If you are considering a humanitarian and compassionate application for permanent residence, or if your immigration situation is complex or uncertain, we encourage you to seek legal advice as early as possible.
Contact Mamann Sandaluk LLP today to schedule a confidential consultation with an experienced Canadian immigration and refugee lawyer and learn how we can help you move forward.
Frequently asked questions about
Humanitarian and compassionate applications
No. Filing a humanitarian and compassionate (H&C) application does not, by itself, give you legal status or the right to remain in Canada. An H&C application does not automatically stop enforcement action or prevent removal.
However, once an application receives first-stage approval, also known as Approval in Principle (AIP), a regulatory stay of removal comes into effect. At that point, any existing removal order cannot be enforced, and you may become eligible to apply for a work permit while your application continues to be processed.
Lack of authorization to work does not prevent an immigration officer from considering your actual establishment in Canada. Employment performed without authorization may still be relevant when assessing factors such as:
- Length of residence in Canada
- Community ties and social integration
- Financial self-sufficiency
- Family relationships and responsibilities
That said, immigration officers have discretion in how much weight they assign to unauthorized work, and in some cases may discount it. This makes it especially important to present a carefully prepared application that highlights all aspects of your establishment, not just employment.
If enforcement action is taken before your humanitarian and compassionate application is assessed, you may need to seek a stay of deportation in the Federal Court of Canada.
A stay of deportation is a form of discretionary court relief that temporarily prevents removal. The process is legally complex and involves strict procedural requirements and deadlines. Importantly, only a lawyer may represent you in Federal Court proceedings. Early legal intervention is often critical in these situations.
If your H&C application has been in process for an extended period, it is often advisable to submit updated information before taking steps to press Immigration, Refugees and Citizenship Canada (IRCC) for a decision. Updates may include:
- Changes in employment or community involvement
- The birth of a child or changes to family circumstances
- New medical issues
- Deteriorating conditions in your country of nationality
This is particularly important because if an application is refused, the only remedy is an application for judicial review in the Federal Court of Canada. In judicial review proceedings, no new evidence can be introduced—the Court may only consider the material that was before the officer who made the decision.
No. Filing a humanitarian and compassionate (H&C) application does not, by itself, give you legal status or the right to remain in Canada. An H&C application does not automatically stop enforcement action or prevent removal.
However, once an application receives first-stage approval, also known as Approval in Principle (AIP), a regulatory stay of removal comes into effect. At that point, any existing removal order cannot be enforced, and you may become eligible to apply for a work permit while your application continues to be processed.
Lack of authorization to work does not prevent an immigration officer from considering your actual establishment in Canada. Employment performed without authorization may still be relevant when assessing factors such as:
- Length of residence in Canada
- Community ties and social integration
- Financial self-sufficiency
- Family relationships and responsibilities
That said, immigration officers have discretion in how much weight they assign to unauthorized work, and in some cases may discount it. This makes it especially important to present a carefully prepared application that highlights all aspects of your establishment, not just employment.
If enforcement action is taken before your humanitarian and compassionate application is assessed, you may need to seek a stay of deportation in the Federal Court of Canada.
A stay of deportation is a form of discretionary court relief that temporarily prevents removal. The process is legally complex and involves strict procedural requirements and deadlines. Importantly, only a lawyer may represent you in Federal Court proceedings. Early legal intervention is often critical in these situations.
If your H&C application has been in process for an extended period, it is often advisable to submit updated information before taking steps to press Immigration, Refugees and Citizenship Canada (IRCC) for a decision. Updates may include:
- Changes in employment or community involvement
- The birth of a child or changes to family circumstances
- New medical issues
- Deteriorating conditions in your country of nationality
This is particularly important because if an application is refused, the only remedy is an application for judicial review in the Federal Court of Canada. In judicial review proceedings, no new evidence can be introduced—the Court may only consider the material that was before the officer who made the decision.
