The humanitarian and compassionate assessment: Requirement to apply for permanent residence from outside Canada
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Applies to in Canada and overseas
It is a cornerstone of the Immigration and Refugee Protection Act (IRPA) that foreign nationals who wish to live permanently in Canada must do both of the following before coming to Canada:
- submit their application from outside Canada
- qualify for and obtain a permanent resident visa.
Foreign nationals do not have the right to apply for permanent residence from within Canada, except as provided by the legislation. Foreign nationals who do not qualify under the IRPA to apply from within Canada must request an exemption from the requirement to be a member of a class referred to in subsection 72(2) of the Immigration and Refugee Protection Regulations (IRPR). Subsection A25(1) provides the flexibility to grant an exemption to approve deserving cases not anticipated in the legislation and to process applications for permanent residence from within Canada.