The procedure for applying for permanent residence in Canada on the basis of Humanitarian and Compassionate Grounds (H&C) is an exceptional tool that allows applicants to remain in the country despite not meeting standard immigration criteria. This publication outlines the main principles of the program, the application process, limitations, and the factors that influence the likelihood of a successful decision.
1. Who can apply on humanitarian grounds?
Almost any person residing in Canada can apply, except those who have a clear path to immigrate through other available mechanisms, such as as a spouse of a Canadian citizen or permanent resident, as a caregiver, or as a person who has already applied for refugee status or is awaiting a decision on that basis.
2. What are considered humanitarian circumstances?
In the context of H&C, the overall life circumstances are evaluated. No single factor — such as having nowhere to return to, lack of access to healthcare, having only relatives in Canada, occupation of the hometown, or loss of property — is automatically decisive. A successful application must be based on a comprehensive, systematic argument that proves undue hardship or injustice in case of removal.
3. Humanitarian factors within other immigration programs
If an applicant applies for permanent residence under another immigration program but does not meet certain requirements (e.g., language level or financial criteria), they may submit an additional request asking for humanitarian considerations to be taken into account. In such cases, IRCC has the discretionary authority to waive some program requirements if the humanitarian grounds are compelling.
4. What is not considered a humanitarian ground?
Financial hardship, the cost of returning to the country of origin, logistical difficulties, the desire to remain in Canada “because it is better,” or the lack of desire to return — are not in themselves considered humanitarian grounds. Such arguments, without support from additional objective factors, are not persuasive to IRCC.
5. Who can be included in the application?
Only dependent family members physically present in Canada may be included in an H&C application. If family members remain abroad, they must be listed in the forms, but they will be eligible for permanent residence only later through a separate immigration process after your application is approved.
6. Documentation and scope of the application
Applications on humanitarian grounds are extremely voluminous. A substantial body of supporting documentation must be submitted — medical assessments, letters of support, proof of integration into Canadian society, and documents confirming difficult or unique circumstances. Success directly depends on the thoroughness of preparation.
7. Processing times
A preliminary positive decision (approval in principle) on an H&C application can be received relatively quickly — within a few months. However, the final review of the application and granting of status usually takes significantly longer — up to two years or more, depending on IRCC’s processing load.
8. Success rate statistics
According to official IRCC data, approximately 82% of H&C applications were refused in 2022. This is significantly higher than in 2019, when the refusal rate was around 40%. The primary reason is the large number of poorly substantiated applications. Nevertheless, the approval rate for H&C applications from Ukrainian nationals in 2023 was approximately 70%, showing a positive trend when the case is well-prepared.
Conclusion
The humanitarian program is a complex but real pathway to legalizing one’s status in Canada for individuals who do not meet regular immigration requirements but have compelling circumstances that make their removal unacceptable from a humanitarian, fairness, or best-interests-of-the-child perspective. Success depends on careful preparation, coherent presentation of arguments, and strong supporting documentation. It is highly advisable to consult a licensed immigration professional before applying.
