Establishment in Canada
The length and depth of your life in Canada — work, community involvement, and integration — is a central consideration in how officers weigh the case.
IMMIGRATION GUIDE
Humanitarian and compassionate applications
An exceptional, discretionary route to permanent residence for people in Canada who cannot use regular programs. It is not a backup plan — it is assessed case by case, with high standards and real refusal risk.
PLAIN-LANGUAGE OVERVIEW
An exceptional request, not a regular pathway.
Under subsection 25(1) of the Immigration and Refugee Protection Act, an officer may grant permanent residence — or an exemption from certain Act requirements — where humanitarian and compassionate considerations justify it, taking into account the best interests of a child directly affected. The key word is "may": the decision is discretionary, and officers are not obliged to approve any application.
Who this guide may suit
- People in Canada who cannot apply for permanent residence through any regular immigration class.
- Long-established individuals and families whose removal would cause exceptional hardship.
- Families where children directly affected by the decision have deep ties in Canada.
- People who need an exemption from specific requirements of the Act or Regulations.
Eligibility factors to review
Immigration rules change frequently.
These are key factors, not a complete eligibility test. Check the current official instructions and your individual circumstances before applying.
Best interests of a child
Officers must take into account the best interests of a child directly affected by the decision. This is always a primary consideration, not a guarantee of approval.
Hardship if required to leave
Whether removal would cause unusual, undeserved, or disproportionate hardship. Ordinary difficulty in relocating is generally not enough.
Who may apply
Foreign nationals in Canada who are inadmissible (other than for security, human-rights violations, or organized criminality) or who do not meet the Act's requirements may make a written request, generally accompanying a permanent residence application.
A careful, step-by-step approach
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Confirm no regular route fits
Review economic, family, and other programs first. H&C is not intended to replace a pathway you are eligible for.
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Build the case with evidence
Gather records of establishment, family ties, children's circumstances, and the specific hardship removal would cause.
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Submit the written request
In Canada, the H&C request accompanies a permanent residence application, with supporting written submissions explaining why the exemption is justified.
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Respond and wait patiently
Respond to any IRCC correspondence by the stated deadlines. These applications can take a long time to decide.
Your document starting point
The exact checklist depends on your route, stage, and circumstances. This list helps prepare the discussion; it does not replace IRCC's personalized document requirements.
- Proof of your time and establishment in Canada — employment, tax, and community records.
- Identity documents and immigration history for each family member.
- Children's records: school, medical, and community involvement.
- Evidence of family ties in Canada and in the country of origin.
- Country-condition evidence supporting the claimed hardship.
- A clear written explanation connecting the evidence to the legal factors.
Refusal risks and preparation pitfalls
Eligibility and evidence both matter. The following points deserve attention; this is not an exhaustive list or a prediction of a decision.
- Treating H&C as a routine alternative when a regular program was available.
- A hardship claim that is real but not shown to be unusual or disproportionate.
- Thin evidence of establishment despite many years in Canada.
- Timing restrictions: recent refugee-claim history can bar or limit an H&C request, with limited exceptions.
Common questions
Is approval guaranteed if my children are settled in Canada?
No. The best interests of a child directly affected must be considered, but the decision remains discretionary and all factors are weighed together.
Can I apply from outside Canada?
The Act allows requests from outside Canada in some circumstances, but the usual route is a request made from within Canada accompanying a permanent residence application. Review the current official instructions for your situation.
How long does an H&C application take?
Processing can be lengthy and varies by case. Plan for a long wait and keep your contact details current throughout.
Should I get professional help?
You may apply yourself, but these cases turn on written submissions and evidence. Many applicants seek licensed counsel to organize the case properly.
Related guides
Go to the official source
Use these links for current government requirements and application instructions.
Last reviewed: September 2026.
This page provides general information only and is not legal advice. It does not assess your eligibility or guarantee an outcome. A review of your full circumstances and current rules is needed before taking action.
PERSONAL GUIDANCE. PRACTICAL NEXT STEPS.
An honest assessment of
a difficult pathway.
Discuss your circumstances with Balpreet Singh, RCIC #R525492.