Humanitarian and Compassionate (H&C) Applications in Canada — Legislative Realities, Statistics (2025), and Practical Approaches

General Overview of H&C

In recent years, Canada has seen a marked increase in the number of permanent residence applications submitted under the Humanitarian and Compassionate (H&C) grounds category. This mechanism is sometimes mistakenly perceived by applicants as an “easy” or “alternative” route to obtaining permanent resident status. However, both the law and IRCC practice confirm otherwise: H&C is an exceptional and discretionary tool intended only for cases where return to the applicant’s country of origin would result in disproportionate and serious hardship, and where no other lawful pathways to regularization exist.

Legislative Basis and the Principle of Exceptionality

H&C is provided for in section 25 of the Immigration and Refugee Protection Act (IRPA). This provision gives the Minister of Immigration or delegated officers authority, at their discretion (ex gratia), to grant permanent resident status when humanitarian and compassionate considerations justify doing so.

This means H&C does not create a right to a positive decision, but merely an opportunity to convince the state of the exceptional nature of one’s circumstances. It is therefore correctly regarded as a last resort mechanism, available only to those who cannot obtain status through Express Entry, PNP, family sponsorship, or refugee protection, but who are already in Canada and can demonstrate the impossibility of returning home.

Key Considerations in Decision-Making

IRCC officers apply a holistic assessment when reviewing H&C applications, weighing all factors in their interrelation. They examine:

• Integration in Canada: stable employment, education, tax compliance, volunteer activity, community involvement.
• Family ties: dependency on family members in Canada and the potential impact of separation.
• Best interests of the child: a central factor following Kanthasamy v. Canada (2015), though not automatically decisive.
• Medical and psychological circumstances: illnesses or conditions that cannot be adequately treated in the home country.
• Risks in the country of origin: absence of medical care, systemic human rights violations, safety risks, social marginalization.

Supporting evidence must be extensive and diverse: medical reports, letters from schools and employers, statements from community organizations, financial documentation, and other proof. Many H&C files run into hundreds of pages.

Ukrainian Context

For many Ukrainian nationals, H&C is considered as a way to maintain legal status in Canada after the expiry of temporary programs such as CUAET. However, IRCC has consistently emphasized that the mere existence of war in Ukraine is not, in itself, sufficient grounds for a positive H&C decision.

Instead, applicants must provide individualized evidence: medical documentation showing treatment cannot be accessed in Ukraine, proof of children’s full integration into Canadian schools and communities, evidence of social and professional ties, and overall reliance on Canada.

Official Statistics and Quotas

Planned Intake (2025–2027)

• 2025: 10,000 places available under H&C.
• 2026: reduced to 6,900.
• 2027: reduced further to 4,300.

It is crucial to note these numbers refer to individuals, not applications. For example, a family of three consumes three quota places. This makes the actual number of approved cases smaller than it might appear.

Status as of September 2024

As of September 2024, there were more than 68,500 active H&C applications in the system, which equates to approximately 137,000 individuals (assuming an average of two people per application).

Breakdown:

• 5,432 applications already at the eCOPR (electronic Confirmation of Permanent Residence) stage.
• 59,782 applications under active review, including:
  • 44,490 awaiting an eligibility decision.
  • 15,287 passed eligibility and awaiting a final decision.
• 3,316 applications not yet opened, pending completeness check.

This reveals a profound imbalance between demand and supply: while only 21,200 places are available across 2025–2027, there were already more than 137,000 individuals in the queue by late 2024.

Broader Immigration Context

According to Canada’s Immigration Levels Plan, for 2025 the country expects 395,000 new permanent residents. Of these:

• 68,350 will come under Refugees, Protected Persons, Humanitarian, Compassionate and related categories.

Thus, H&C and related categories account for only about 5–6% of the total immigration plan, confirming its role as a narrowly limited and highly restricted pathway compared with economic or family immigration streams.

In the first half of 2025 (January 1–June 30), IRCC finalized 230,500 permanent resident decisions, of which 207,600 individuals landed as permanent residents. In the first quarter of 2025 alone, 104,256 immigrants were admitted — the lowest quarterly figure in four years. This general slowdown in immigration also affects H&C processing.

Current Trends and Risks

1. Increased competition: due to the vast gap between applications and quotas, even well-prepared cases may wait until 2028 for a decision.
2. Automated screening: IRCC increasingly uses data analysis tools to detect inconsistencies or fraud.
3. Strict evidentiary standards: every assertion must be supported by documentary evidence; oral statements or general references are insufficient.
4. No guarantees: even strong cases may be refused, as the decision rests entirely on officer discretion.

Conclusions

• H&C is not an alternative to Express Entry or other programs. It is a last-resort mechanism for those in truly critical circumstances.
• Quotas are shrinking dramatically: from 10,000 in 2025 to just 4,300 in 2027, making competition almost insurmountable.
• As of September 2024, more than 137,000 people were in the H&C queue, competing for only 21,200 spots over three years.
• Success depends on a complete and well-documented evidentiary record that proves the uniqueness and severity of the applicant’s situation.

H&C is not a shortcut. It is an exceptional, discretionary procedure designed only for those who can prove — with extensive documentary evidence — that returning to their country of origin would cause irreparable harm to them and their families.