CanadaHumanitarian protection

Humanitarian grounds in Canada

An exceptional route to permanent residence for a foreign national who is in Canada and does not meet the ordinary requirements of the immigration law. The officer examines the personal situation as a whole: how far the person has become established in the country, what hardship awaits them at home and how the decision would affect the interests of any child concerned. An applicant should first check the ordinary programmes — spousal, economic, refugee protection. Where the decision is positive, they receive permanent resident status straight away.

Visa term

The application stands until a decision is made

Threshold

Government fees for PR (processing + RPRF + fees for family members)

Processing time

There is no fixed timescale; often 2 years or more

Work

Filing does not automatically give status or a work permit

Source: laws-lois.justice.gc.ca — IRPA, art. 25: humanitarian considerations

When an application on humanitarian grounds is considered

The department examines almost any personal situation on its merits, but for those recently refused refugee status a one-year bar applies, with two exceptions.

An applicant with no recent asylum refusal

Is already in Canada and does not meet some requirement of the immigration legislation
Cannot obtain status through the spousal or economic category or as a protected person
Either made no refugee claim at all, or the decision on it was taken more than 12 months ago

An applicant within a year of an asylum refusal

The Immigration and Refugee Board rejected the asylum claim, or declared it abandoned or withdrawn, less than 12 months ago
There is evidence of a life-threatening medical condition for which treatment is not available at home
Or removal would directly and adversely affect the interests of a child under 18

When this programme is not suitable

The refugee claim is still before the Immigration and Refugee Board

Wait for the decision on the asylum claim — a humanitarian application is not considered until that claim has been decided

The applicant already has an H&C application under consideration

A second application will not be accepted for consideration and the fee will be returned — the decision on the first one must be awaited

The only reason for the request is the expense or inconvenience of returning home

That in itself is not treated as a sufficient ground — real humanitarian factors are needed: establishment, hardship, the interests of children

The applicant has been found inadmissible on security grounds, for human rights violations or for organised crime

Relief on humanitarian grounds is not available — consider a separate application to the minister for relief from inadmissibility, where applicable

The applicant is outside Canada

There is no separate H&C procedure for filing from abroad — humanitarian factors can only be raised within a visa application already filed under a particular category

What it costs

Application processing fee — principal applicant	660 CAD
Right of Permanent Residence Fee (RPRF)paid when the application is approved; it can be paid in advance together with the processing fee	600 CAD
Principal applicant — processing and RPRF as a single amount on filingthe processing fee and the RPRF together, where both are paid at once on filing so that the RPRF does not have to be paid separately after approval	1 260 CAD
Processing fee — spouse or partner included in the same application	+660 CAD
Processing fee — for each dependent child in the application	+180 CAD
Biometrics — per applicant	+85 CAD
Biometrics — for a family of two or more people (maximum)	+170 CAD
Total government feesThe sum of the mandatory rows in the table. “Processing fee — spouse or partner included in the same application” adds 660 CAD; “Processing fee — for each dependent child in the application” adds 180 CAD; “Biometrics — per applicant” adds 85 CAD; “Biometrics — for a family of two or more people (maximum)” adds 170 CAD; the “Principal applicant — processing and RPRF as a single amount on filing” branch replaces the “Application processing fee — principal applicant” line — 1 860 CAD. Charges with no official price list are in the list below.	1,260–2 355 CAD

Paid separately

The services of a lawyer or immigration consultant — not part of the government fees; paid separately where a representative is engaged
The medical examination and police certificates — paid separately to designated doctors and to the authorities of the issuing country; not included in the IRCC fee

Documents to gather

There is no separate set of forms for H&C — the general package of permanent residence documents is used, plus the statement of humanitarian grounds.

IMM 0008 — the general application form for permanent residence (completed online)
IMM 5669 — Schedule A: background and declaration
IMM 5406 — additional family information
IMM 5280 — the document checklist for an H&C application
IMM 5283 — supplementary information setting out the humanitarian and compassionate grounds
IMM 5476 — use of a representative, where a consultant or lawyer is preparing the application
IMM 5475 — consent to the release of personal information to a representative, where applicable
A photograph of each applicant meeting the IRCC requirements
Police certificates for every period of residence of 6 months or more in each country since the age of 18
The results of the medical examination
Certified translations of documents that are not in English or French

How the process runs

The application is filed through the general permanent residence application portal, and it is considered in two stages.

1
Preparing the forms and the evidence
The applicant assembles the general package for a permanent residence application (IMM 0008, the schedules on background and family composition) and separately prepares IMM 5283 setting out the humanitarian grounds: establishment in Canada, hardship on return, the interests of any children concerned.
2
Filing the application through the IRCC portal
The full package is filed online through the permanent residence application portal together with a photograph of each applicant and payment of the fees. A representative may not sign the application or create an account for the applicant — the applicant signs personally, typing their full name as it appears in the passport.
3
Giving biometrics
The applicant attends in person to give fingerprints and a photograph at a biometrics collection point.
4
Approval in principle
At the first stage the officer decides whether the humanitarian situation justifies an exemption from the ordinary requirements of the immigration legislation — establishment, hardship on return and the interests of children are taken into account.
5
Admissibility, medical and security checks
After a positive decision at the first stage the application goes through the second: the ordinary admissibility check, the medical examination and the security check, as for any permanent residence application.
6
The final decision on permanent resident status
Where both stages are passed, the applicant is granted permanent resident status straight away, with no intermediate permits. A refusal at either stage cannot be appealed in the ordinary way — in some cases only judicial review by the Federal Court is available.

Timelines and rights

Residence

Physical presence in Canada in order to file; then the PR obligation

Who you can bring with you

Family members can be included in the application so that they are considered at the same time, but only those already in Canada with the applicant.

a spouse or common-law partner

included in the same application only if living in Canada with the applicant; must meet the general requirements of the immigration legislation; a marriage or partnership by proxy, telephone, fax or over the internet is not recognised

dependent children

included if they live in Canada with the applicant; a child counts as a dependant up to the age of 22 if they have no spouse or partner of their own, or over 22 if they were financially dependent on their parents before that age and cannot support themselves because of their state of health

children of dependent children

included in the application where they exist, on the same condition of living together in Canada

family members outside Canada

not included in the application for simultaneous consideration, but the applicant is obliged to declare all of them for the admissibility check

How it differs from the routes next to it

The comparison is built from the official terms of the routes themselves — the source links sit on their own pages.

	Humanitarian grounds	Asylum and refugee status	Refugees referred by the UN
Visa term	The application stands until a decision is made	Not a status that is renewed; if the claim is accepted the person becomes a protected person	Arrivals come straight in as permanent residents (PR)
Grounds	Humanitarian considerations	Persecution	Persecution
Money	Government fees for PR (processing + RPRF + fees for family members)	No income or savings requirement	GAR: government support for about 1 year; PSR: sponsors for about 12 months
Work	Filing does not automatically give status or a work permit	The 2026 reforms speed up the issue of a work permit	As a PR — the right to work immediately, with no permit
Residence	Physical presence in Canada in order to file; then the PR obligation	The claim is made from inside Canada or at a port of entry	The PR obligation: 730 days in every 5 years

What comes next: permanent residence and citizenship

Route to permanent residence

A direct grant of PR where the application is approved

Route to citizenship

Citizenship after PR

Frequently asked questions about Humanitarian grounds

Can an H&C application be made while an asylum claim is still under consideration?

No. While a refugee claim is before the Immigration and Refugee Board, a humanitarian application is not considered. A further restriction applies as well: only one H&C application can be under consideration at any one time.

What if a refugee claim was refused less than a year ago — can an H&C application be made straight away?

As a rule no: a one-year bar applies after an asylum claim has been rejected, declared abandoned or withdrawn. The exceptions are a proven threat to life because treatment is unavailable at home, or a direct adverse effect on the interests of a child under 18.

Is there a right of appeal against an H&C refusal?

No, a refusal of a permanent residence application on humanitarian grounds cannot be appealed in the ordinary way. In some cases judicial review by the Federal Court is possible.

Can a spouse or children who have stayed abroad be included in the application?

No. Only family members already in Canada with the applicant can be included in an H&C application for simultaneous consideration. Relatives abroad must be listed for the admissibility check, but their case is not part of this application.

What stages does the application go through after filing?

IRCC considers the application in two stages: first it decides whether the humanitarian situation justifies an exemption from the immigration requirements (approval in principle), and then, where the decision is positive, it checks admissibility and carries out the medical examination and the security check — as for any permanent residence application.

Other ways to move to Canada

Every route in one list — migration programmes: Canada.

The terms and the amounts are checked against official sources — the link sits under each section.Last checked on: 8 August 2026.