H&C is an exceptional exemption request.
Cost, inconvenience or a preference to apply from Canada is normally insufficient without other compelling circumstances.
Typical applicant
A foreign national living in Canada who is not eligible to apply under another in-Canada PR class and needs an exemption from one or more IRPA/Regulations requirements.
Not a temporary application
IRCC does not consider H&C in a visitor, study-permit or work-permit application.
One file at a time
Only one H&C application can be under consideration for a person at the same time.
Specific exemptions
Identify each exemption requested and explain with evidence why compelling circumstances justify it.
Check the legal bars before filing.
| Situation | Rule | Possible exception |
|---|---|---|
| Pending refugee claim | Cannot file H&C while the claim is outstanding | To pursue H&C, the claim generally must be withdrawn before the IRB hearing—an irreversible decision requiring legal advice |
| Negative/abandoned refugee decision within 12 months | One-year H&C bar | Directly and adversely affected child under 18, or sufficient evidence of a life-threatening medical condition that cannot be adequately treated in the country of return |
| Withdrawn refugee claim | May trigger the 12-month bar depending on when withdrawn | The guide distinguishes a withdrawal before the IRB hearing |
| Designated foreign national | Five-year bar/suspension can apply from designation or specified negative protection decisions | No general discretionary shortcut |
A July 22, 2026 instruction clarifies H&C requests inside PR public-policy applications.
This guidance does not abolish H&C. It defines the boundary between an H&C application and an application under a ministerial PR public policy.
Two different authorities
An H&C request under section 25(1) can seek relief from requirements of the Act or Regulations. A temporary public policy under section 25.2 is a separate ministerial instrument with its own eligibility conditions.
No waiver of policy conditions
An officer cannot use H&C discretion to waive a condition written by the Minister into an in-Canada PR-granting public policy, because that condition is not itself a requirement of the Act or Regulations.
Result in the public-policy file
If the principal applicant or accompanying family member fails a public-policy condition, the public-policy PR application should be refused even if H&C was requested in that application.
No second H&C decision
The applicant is not entitled to a separate H&C decision inside that public-policy application. The refusal should identify the unmet condition and acknowledge the H&C request.
Separate H&C application
To have H&C factors assessed independently, the person must submit a separate H&C permanent-residence application and pay the applicable fees, subject to all H&C bars and eligibility rules.
An H&C filing does not stop removal.
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A person with a removal order may file if no other bar applies, but must still leave on the specified date.
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IRCC can continue processing after departure; the application itself creates no stay of removal and no temporary status.
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Urgent litigation or a deferral request is a separate legal process and is not guaranteed.
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There is no statutory appeal of an H&C refusal. Federal Court judicial review may be available and has a short filing deadline.
Officers assess the whole record, not a checklist score.
Establishment
Length and quality of residence, authorized or unauthorized history, work, education, taxes, volunteering, community ties and responsible conduct.
Family and dependency
Genuine family relationships, caregiving, emotional/financial dependency and realistic consequences of separation.
Health and family violence
Personal medical access, disability, care needs, safety, coercion and family violence supported by current professional evidence.
Country consequences
Personal hardship and inability to leave, without asking the H&C officer to decide persecution, torture, risk to life or cruel treatment reserved for protection processes.
Best interests of the child require a child-centred record.
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Identify every child inside or outside Canada who is directly affected, even if the child is not an applicant.
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Explain age, relationships, residence, status, schooling, language, medical or developmental needs, identity, stability and the practical effect of separation or relocation.
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Provide independent evidence: school and medical records, assessments, custody documents, care schedules, financial support and detailed letters from people with direct knowledge.
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The child’s interests must be given substantial attention but do not automatically outweigh all other factors; avoid generic statements.
Ask for the right exemption and address inadmissibility directly.
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Criminality, health, financial inadmissibility, misrepresentation and non-compliance do not disappear because the application is labelled H&C.
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Resolve the issue first where possible—for example criminal rehabilitation or a record suspension—then identify any remaining exemption requested.
- 03
Provide the complete history, legal documents, rehabilitation evidence, passage of time, responsibility taken and impact of refusal. Concealment creates a new credibility and misrepresentation problem.
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Some inadmissibility grounds cannot realistically be overcome through ordinary H&C treatment; obtain individual legal analysis.
Organize evidence around propositions the officer must decide.
| Theme | Useful evidence | Weak approach |
|---|---|---|
| Establishment | Status history, employment, tax, study, housing, community and caregiving records over time | A few recent support letters with no chronology |
| Family/children | Civil/custody records, contact and support history, professional child evidence | Saying separation will be difficult without child-specific impact |
| Hardship/health | Current reports explaining diagnosis, treatment, availability, cost and consequences | Old note or general country article |
| Credibility | Complete immigration history, explanations and correction of inconsistencies | Omitting failed applications, removals, family or criminal facts |
Family members and Québec follow special processing rules.
In-Canada family
A spouse/common-law partner and dependent children in Canada may be included for concurrent processing if they qualify.
Outside Canada
Family abroad cannot be included for concurrent processing, but every family member inside and outside Canada must be declared for admissibility examination.
Québec
After stage-one approval in principle, IRCC sends the file to MIFI. MIFI then issues instructions for the humanitarian selection process and CSQ.
Sponsorship first
Where an eligible Canadian/PR spouse can sponsor, IRCC directs the person to the spouse/common-law class; explain why sponsorship is unavailable if relying on H&C.
Use the current portal forms and checklist—not an old saved package.
The principal applicant electronically signs the whole portal submission by typing their own name after reading the declaration. A representative may prepare and submit through the representative portal but cannot sign as the applicant or use the applicant’s login.
| Form | How it is completed | Purpose |
|---|---|---|
| IMM 0008 — Generic Application Form | Digital form in the PR Portal | Principal applicant, immigration category and family details |
| IMM 5669 — Schedule A | Digital form for the applicant and each family member age 18 or older | Addresses, personal history, education, organizations, military and background declarations |
| IMM 5406 — Additional Family Information | Digital form for the applicant and each family member age 18 or older | Parents, children, siblings and relationship history |
| IMM 5280 — Document Checklist | Complete the current PDF and upload it | Controls the required forms, identity, civil, police and supporting records |
| IMM 5283 — Supplementary Information | Complete the PDF and upload it; do not add a handwritten signature unless current instructions say so | Explains the H&C factors and requested consideration |
| IMM 5476 / IMM 5475 | Upload when a representative or designated person is involved | Authority to represent, or authority to release information |
Apply through the Permanent Residence Portal with a complete record.
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Read the current Guide 5291 and IMM 5280 on the day of filing; online filing is the main method. A person who cannot apply online and needs disability accommodation may request paper, braille or large print.
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Complete the digital and PDF forms for the principal applicant and in-Canada dependants, identify every requested exemption and upload a structured legal and factual narrative.
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Add identity, status, civil, police, family and admissibility documents plus evidence for every H&C statement. Use compliant English/French translations and translator affidavits where required.
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Upload both sides of the required photo for each person, following the portal photo specifications.
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Pay the current processing, biometrics and applicable permanent-residence fees. Pay biometrics with the application when required to avoid delay.
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Answer every question, upload the receipt and documents, and have the applicant personally type their full passport name as the electronic signature. An incomplete application can be rejected and must be corrected and resubmitted.
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After filing, complete biometrics and requests, and update marriage, separation, births, deaths, address, employment, charges, medical issues and material new evidence through the IRCC web form.
Approval in principle is not yet permanent residence.
Stage one
IRCC may approve the requested H&C exemptions in principle.
Stage two
Medical, security, criminality, identity, family and remaining admissibility requirements must still be completed.
Refusal
No H&C appeal exists; assess Federal Court judicial review promptly.
Keep evidence current
The officer decides on the record available at decision time. A good original application still needs material updates.
Official sources & application
The practical answer is in this guide; use these links to verify live changes and apply officially.
Ghasedak explains the eligibility, evidence, process and important cautions in plain language. Because laws, forms, fees and filing methods can change, also check the live official instructions on the day you submit. This is general information, not individual legal advice.