Humanitarian and Compassionate Applications

If you live in Canada and are not a Canadian citizen or a permanent resident, you may apply from inside the country. That is what the official instruction guide says. The application page also describes who it is meant for:

• people who need Canada to set aside one or more rules of its immigration law (the Immigration and Refugee Protection Act and its Regulations) so they can apply without leaving the country,
• people who feel their situation deserves humanitarian and compassionate consideration for that exemption, and
• people who cannot use any of the regular classes that normally let you apply from within Canada.

An exemption is just permission to set aside a rule that would otherwise apply to you. The law permits this request because section 25(1) of the Immigration and Refugee Protection Act lets people ask to stay for reasons of kindness and fairness, even if they would normally be refused entry (inadmissible) or do not fit any regular immigration program.

If your spouse or common-law partner (someone you have lived with for at least a year) can sponsor you from inside Canada through the Spouse or Common-Law Partner in Canada class, the official guide says to use that application package (guide IMM 5289) instead. You do not need to have legal immigration status to use it. But sponsorship is not always possible, and when your partner is unable to sponsor you, going ahead with this application remains an option.

The guide names the people this application is not for. It is not open to you if you:

• hold Canadian citizenship,
• already hold permanent resident status, or
• have a refugee claim that is still waiting for a decision.

Some people also have to wait a set time before they may apply:

People call the 12-month wait the "12-month bar." It does not apply in every case. One exception: you can show, with clear proof from reliable sources, that being sent away from Canada would directly harm a child under 18. And if you withdrew your refugee claim before your hearing began, the 12-month wait does not apply.

It is up to you to include in your application every circumstance you want taken into account. That covers any hardship you expect if your request is refused. When the hardship comes from conditions in your home country, describe in your documents what you expect to go through, as the guide explains.

You also have to state plainly which exemption or exemptions you are requesting. The cost and hassle of returning home to apply do not count on their own, unless you also have other strong reasons.

A decision can take the best interests of a child into account, and a child's medical needs are one example. Provide specific details and documents showing how each child would be affected, whether that child lives in Canada or somewhere else.

Every other requirement in the Act and Regulations still applies to your spouse or common-law partner and to your dependent children. Family members outside Canada cannot be processed along with you. Even so, each family member must be declared, wherever they live, so the government can check whether each of them may enter Canada.

Children under 22 can count as dependants. A child who is 22 or older may also count if they have depended on their parents for money since before they turned 22 and meet the other age requirements.

The main way to apply is online. If you cannot apply online, for example because of a disability, alternative formats such as paper, braille, or large print are available on request. The form guide (IMM 5291) shows you, step by step, how to complete the forms.

1. Collect your documents, so your reasons have proof behind them.
2. Fill out the application, and type your name once you have read the declaration.
3. Pay the application fees, as the official guide explains.

You and your family members may need to give biometrics (fingerprints and a photo). If you are applying from inside Canada, this has been needed since 3 December 2019. You will get a letter that tells you how (the Biometric Instruction Letter). Then you book an appointment at an approved office and bring the letter with you; the guide explains each step.

A loan may be available for the Right of Permanent Residence Fee, the fee most adults pay before becoming permanent residents. Whether you get one depends on need and on whether you can repay it. You will have to show that a bank or similar lender turned you down.

You can pay an immigration consultant or a lawyer to give you advice and help prepare your application. Want to make sure a consultant is properly licensed? Our consultant check page lets you search by the consultant's name, firm, or College ID.

We know this is hard to hear: right now, IRCC's processing times (IRCC is Immigration, Refugees and Citizenship Canada, the department that decides these cases) show more than 10 years for H&C applications outside Quebec. Most other routes to permanent residence take far less time, and you can compare them on our processing times page.

For the complete legal rules, the guide directs you to Canada's immigration law, the Immigration and Refugee Protection Act, along with its Regulations. This page offers information, not immigration advice, and we have no connection to IRCC.