Table of Contents
Introduction
H&C applications are Canadian immigration’s “safety-valve”—a last resort for foreign nationals who cannot qualify under any other class yet can show compelling hardship or the best-interests-of-child factors. They are not substitutes for regular programs and carry the lowest approval rates across all permanent-residence pathways.
IRCC approves only 10,000 H&C and related humanitarian cases in 2025, dropping to 6,900 in 2026 and 4,300 in 2027 according to the current Immigration Levels Plan. With demand far outstripping supply, persuasive legal submissions are crucial.
Who Really Qualifies for an H&C Application?
You may file from inside Canada if:
- You are inadmissible or otherwise ineligible to apply in any economic, family, protected-person, or TRP class.
- You seek an exemption from a statutory requirement of the Immigration and Refugee Protection Act (IRPA)—most commonly the rule to apply from abroad, or certain inadmissibilities.
- You are not barred by the 12-month failed-refugee rule or designated-foreign-national bar (unless an exception applies).
You may not use H&C if you:
- Are inadmissible for security (s.34), human-rights violations (s.35), serious criminality (s.36(1)) or organized criminality (s.37); IRCC policy expressly disallows H&C relief in these situations Canada.ca.
- Already have an H&C file in process, or a pending refugee claim.
The Exemptions You May (and May NOT) Request
IRPA / IRPR Requirement | Typical H&C Request | Allowed? |
Apply for PR outside Canada (R11) | In-Canada filing due to establishment & hardship | Yes |
Financial ability (s.39) | Waiver citing medical costs, family ties | Yes, case-by-case |
Medical inadmissibility – Excessive demand (s.38(1)(c)) | Waiver citing child’s best interests | Yes |
Criminality – Non-serious (s.36(2)) | Waiver with rehabilitation evidence | Yes |
Misrepresentation (s.40) | Waiver after five-year bar or compelling hardship | Yes |
Compliance issues (overstay, no status, s.41) | Waiver based on long-term establishment | Yes |
Serious criminality (s.36(1)) | Waiver | Yes |
Security, human-rights, organised crime | Waiver | No |
(Table for illustration only; IRCC discretion applies in every file.)
Key Factors IRCC Weighs – and Why DIY Cases Falter
- Establishment in Canada – length, employment history, community engagement.
- Hardship on Return – credible country-condition evidence beyond normal inconvenience.
- Best Interests of the Child (BIOC) – detailed schooling, medical, psychological impacts.
- Links to Canada vs. Country of Origin – objective documentation, not anecdotal claims.
- Conduct & Compliance – taxes, no new offences, genuine remorse if misrepresentation exists.
Why DIY fails:
- Applicants rarely link the facts to case law or IRCC program delivery instructions.
- Evidence packages are thin or unindexed, causing officers to overlook key exhibits.
- Misreading BIOC—assuming any minor child guarantees approval (it doesn’t).
- Omitting future-plan affidavits, leading to doubts about establishment.
- Ignoring statutory bars (e.g., serious criminality) and losing the entire fee.
2025-2027 Admissions Targets: What the Levels Plan Tells Us
Year | H&C & Other Humanitarian Admissions | % of Total PR Levels | Trend |
2025 | 10,000 | 2.5 % | Baseline |
2026 | 6,900 | 1.8 % | 31% cut |
2027 | 4,300 | 1.2 % | Further 38% cut |
Interpretation: IRCC is tightening the funnel. Applications that once slid through a generous quota now face heightened scrutiny. Legal representation moves from optional to essential.
IRPA Inadmissibility Sections at a Glance
Section | Grounds | H&C Relief Possible? |
34 | Security | No |
35 | Human/Int’l rights | No |
36(1) | Serious criminality (≥ 10 years max sentence OR 6 months actual) | No |
36(2) | Criminality (summary / ≤ 2 years max) | Yes |
37 | Organized crime | No |
38 | Medical (danger/excessive demand) | Yes |
39 | Financial | Yes |
40 | Misrepresentation | Yes |
41 | Non-compliance (overstay, no status) | Yes |
42 | Inadmissible family member | Yes |
Frequently Asked Questions (Expanded)
Q1. How long does an H&C file take in 2025?
Average 22-24 months from submission to decision, but IRCC may pause cases involving removal orders until departure (no automatic stay).
Q2. Does filing H&C stop my deportation?
No. Only an H&C First Stage Approval, Federal Court stay, Pre-Removal Risk Assessment, or an enforceable removal deferral can pause removal.
Q3. Can I leave Canada while my H&C is pending?
Technically yes, but if CBSA cancels your TR status or issues an ARC requirement, you may be unable to re-enter. We rarely advise travel without tailored legal guidance.
Q6. If IRCC refuses, can I appeal?
There is no right of appeal to the IAD. Judicial review in Federal Court (strict 15-day deadline) is the only remedy. We maintain in-house litigation partners for seamless transition.
Q7. What is IRCC’s “one H&C at a time” rule?
Section A25 permits only one active H&C file per person. Filing a second application before the first concludes leads to rejection and lost fees.
Q8. Is serious family medical need enough?
Only when you present objective medical records + costed care plans proving inability to access treatment abroad and linking BIOC or undue hardship.
Q9. Can H&C override the new Express Entry job-offer rules?
No. Ministerial Instructions (e.g., removal of 50-/200-point arranged-employment bonus) cannot be bypassed via H&C.
Conclusion & Call-to-Action
H&C relief is exceptional by design. With admissions targets dropping 57 % in the next two years and statutory bars tightening, persuasive legal advocacy is not optional—it is mission-critical.
Book a confidential strategy session with Immigration Nation – Immigration Consultant Edmonton today.
Dial (780) 800-0113 or email [email protected].