Last reviewed: April 14, 2026 — by Natalie Ningjing Zhang, Principal Lawyer, BridgePoint Law Professional Corporation. This article is general information about humanitarian and compassionate applications, not legal advice for any particular case.
Quick answer
A Humanitarian and Compassionate (H&C) application under section 25 of the Immigration and Refugee Protection Act asks the Minister of Immigration to grant permanent residence, or an exemption from a legal requirement, to a foreign national whose personal circumstances do not fit any regular PR category but whose situation nonetheless justifies relief. H&C is discretionary and exceptional. The test the officer applies comes from the Supreme Court’s decision in Kanthasamy v. Canada, 2015 SCC 61: whether, looking at the whole file, the applicant’s circumstances would excite in a reasonable person a desire to relieve their misfortunes. Cases typically succeed on some combination of establishment in Canada, the best interests of any children directly affected, and hardship on return.
When H&C is the right tool
H&C is usually the right tool when three things are true: the applicant is in Canada or has a strong Canadian connection, there is no other PR category that fits cleanly, and the facts of the case are genuinely compelling. Common fact patterns we see include long-term undocumented residents whose lives, jobs, and children are entirely in Canada; failed refugee claimants with strong Canadian establishment and weak but real risk factors; spouses who cannot sponsor for technical reasons (undeclared at landing, marriage of convenience finding, previous sponsorship breakdown); and families where the best interests of a Canadian-born child would be seriously compromised by removal. H&C is not a second kick at a refused spousal sponsorship on the merits, and it is not a substitute for PR categories the applicant could otherwise qualify for.
The three core factors
Although officers look at the whole record, three factors do most of the work in most files. The first is establishment in Canada: length of residence, employment history, tax compliance, language, volunteer and community ties, home ownership, and integration into Canadian life. The second is best interests of the child (BIOC): whether any children directly affected by the decision (Canadian or not) would suffer from the applicant’s removal or continued separation. Officers are obligated to identify, define, and weigh BIOC factors — failure to do so is a frequent ground for Federal Court reversal. The third is hardship on return: not just generalized country conditions but how those conditions would affect this specific applicant, given their age, health, family structure, gender, and personal history. Medical and mental health evidence often moves the needle here.
Evidence that actually persuades
The strongest H&C files we file are evidentiary. Establishment is proven with Notices of Assessment going back years, employer letters, pay stubs, lease or mortgage records, volunteer letters, and language proof. BIOC is proven with school reports, pediatrician letters, child psychologist assessments, and affidavit evidence from teachers and coaches about the specific child’s bond to Canada. Hardship is proven with country-conditions documentation from reputable sources (UNHCR, Human Rights Watch, Amnesty International, DFAT, and U.S. State Department reports), medical evidence from Canadian specialists, and, where appropriate, expert reports. Narrative affidavits from the applicant and supporting family are essential — but they work only when corroborated by the documentary record.
Processing and realistic timelines
H&C applications filed from within Canada are submitted to IRCC’s case processing centre and are currently processed in roughly 24 to 36 months, with significant variation. Applications filed from outside Canada go through the applicable visa office and tend to be slower. Filing an H&C does not by itself stop removal — a deferral request to CBSA and, if necessary, a stay of removal motion at the Federal Court may be needed if removal becomes imminent before the H&C is decided. H&C is a long process. Families should be told that honestly.
What H&C is not
A few things H&C is not: it is not a refugee claim (risk is considered, but with less weight than in a PRRA or a refugee claim under sections 96 and 97 of IRPA); it is not a backdoor appeal of another refusal on the same facts (officers will not re-weigh a decision that already stood on its own); it is not a guaranteed path for every long-term undocumented resident (officers routinely refuse weak establishment files); and it is not a way to avoid the normal PR routes if the applicant actually qualifies for one. Many consultations end with us recommending a different pathway entirely.
What to bring to your first consultation
To assess an H&C meaningfully we want: a full immigration history; identification and family composition (especially children); CRA Notices of Assessment for as many years as the applicant has been in Canada; employer letters or evidence of self-employment; evidence of community and family ties; any medical or mental-health information relevant to the applicant or to dependents; and country-of-origin information the applicant can speak to from personal experience. The more of this we have going into the consult, the more precise we can be on whether H&C is the right tool, and what the file would look like.
Why BridgePoint Law
BridgePoint Law is a Kingston, Ontario-based firm working across Canada on humanitarian and compassionate applications, pre-removal risk assessments, stay-of-removal motions, and related family and refugee litigation. Principal lawyer Natalie Ningjing Zhang is a member of the Law Society of Ontario, the Canadian Bar Association, the OBA Citizenship and Immigration Section (East), and the Canadian Immigration Lawyers Association, and works in English, Mandarin, and Cantonese. We take H&C files seriously because by the time a family needs one, the stakes are usually very high.
Next steps
If you are thinking about an H&C application — especially if removal is on the horizon — the most valuable first step is a consultation that honestly assesses whether H&C is the right tool, identifies the strongest facts, and maps out what evidence would need to be built into the file. If removal is imminent, do not wait: call first, file second.
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Frequently asked questions
What is the legal test for H&C relief?
The test comes from the Supreme Court of Canada’s decision in Kanthasamy v. Canada, 2015 SCC 61. The officer must ask whether, on the whole of the evidence, the applicant’s circumstances would excite in a reasonable person a desire to relieve their misfortunes — a holistic and equitable inquiry, not a checklist.
Does filing H&C stop my removal from Canada?
No. An H&C application does not by itself create a statutory stay of removal. If removal is imminent, the applicant may need to request a deferral from CBSA and, if that fails, bring a stay-of-removal motion at the Federal Court to hold removal until the H&C is decided.
How long does an H&C application take?
Inland H&C applications are currently processed in roughly 24 to 36 months, with significant variation. Out-of-Canada H&C applications go through visa offices and tend to be slower. This is a long process and clients should plan accordingly.
Can I apply for H&C if I have been refused refugee protection?
Yes, and many H&C applicants are failed refugee claimants. However, IRPA generally bars an H&C application within 12 months of a negative refugee decision, subject to exceptions for best interests of a child or for risk to life from inadequate medical care in the country of removal. The timing rules need to be checked carefully.
Will the officer re-weigh my risk of return?
Risk factors can be considered on H&C, but with less weight than in a refugee claim or a pre-removal risk assessment. H&C is not a substitute for refugee protection — it is a holistic assessment in which hardship, including but not limited to country conditions, is one factor among several.
How important is the best interests of the child in an H&C file?
Very important. The Federal Court reverses H&C refusals regularly because officers failed to properly identify, define, and weigh the best interests of any children directly affected. BIOC is not a trump card, but a failure to treat it seriously is a common reason refusals are set aside on judicial review.