Humanitarian and compassionate consideration

Humanitarian and compassionate (H&C) considerations under subsection 25(1) and section 25.1 of the Immigration and Refugee Protection Act (IRPA) provides the flexibility to grant permanent resident status or a permanent resident visa to certain foreign nationals who present sufficient H&C grounds and would not otherwise qualify under any immigration class. Applicants may make submissions relating to any facts affecting their personal circumstances that they believe are relevant to their H&C application or request for H&C considerations. 

Program objectives

Discretion is a valuable element of Canada’s immigration program. It benefits our clients and is consistent with the objectives of the IRPA. The purpose of H&C discretion is to allow flexibility to approve deserving cases not covered by the legislation. Use of this discretion should not be seen as conflicting with other parts of the IRPA or the Immigration and Refugee Protection Regulations (IRPR), but rather as a complementary provision enhancing Immigration, Refugees and Citizenship Canada’s (IRCC) ability to meet the objectives of the IRPA. The H&C decision-making process considers whether granting a special exemption from a requirement of the IRPA is warranted. Invoking subsection A25(1) and section A25.1 is an exceptional measure and not simply an alternate means of applying for permanent resident status in Canada.

An H&C assessment considers circumstances and factors, on a case-by-case basis, that may be sufficient to justify the requested exemption.