Humanitarian and compassionate (H&C) considerations: Considering an H&C request in permanent resident visa applications from outside Canada

This section explains how to consider H&C requests in applications for permanent resident visas under one of the three immigration classes (economic, family or refugee) when an applicant is outside Canada.

For additional information, see the Eligibility to submit an H&C request in the overseas context PDI.

On this page

• Assessing the application
  • Initial assessment: Eligibility under one of the three immigration classes (economic, family or refugee)
  • H&C request: Exempted on a case-by-case basis
    • Additional information on what to consider in the H&C assessment
• Final decision: issuance of a permanent resident visa

Assessing the application

Initial assessment: Eligibility under one of the three immigration classes (economic, family or refugee)

Decision-makers must assess the applicant’s eligibility under one of the three immigration classes. If the applicant does not meet the requirements of the class in which the application was made, the decision-maker may consider the H&C request, except in the case of Ministerial Instructions.

H&C request: Exempted on a case-by-case basis

Applicants are entitled to make submissions on any aspect of their circumstances that they believe are relevant to their request for H&C consideration (subsection A25(1) of the Immigration and Refugee Protection Act (IRPA)). The decision-maker may also use the Minister’s initiative (subsection A25.1(1) of IRPA).

The decision-maker must assess H&C requests on a case-by-case basis and decide whether or not to grant the exemption(s) from the requirements of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR), including subsection R70(1). The applicant bears the onus of satisfying the decision-maker that the H&C factors relating to their circumstances are sufficient to warrant an exemption. Decision-makers must consider the applicant’s submissions in light of all the information known to Immiration, Refugees and Citizenship Canada (IRCC). Decision-makers are required to follow the rules of procedural fairness throughout the decision-making process. A procedural fairness letter is required for any extrinsic information.

For more information on what to consider in the H&C assessment

• All applicants
• The humanitarian and compassionate assessment
• Assessment of exemption requests at Stage 1
• Decision-making tools
• Assessing inadmissibilities

If the decision-maker does not have the delegated authority (IL3 (PDF, 1.05 MB)) to approve and believes that the H&C consideration might justify an exemption, they must refer the case to the delegated decision-maker.

Final decision: issuance of a permanent resident visa

If a positive H&C decision is made, the applicant must still satisfy the remaining requirements for a permanent resident visa, including the medical examination, criminal record check and security screening. The applicant must not have an inadmissibility for which no exemption has been granted. If a new inadmissibility is found, the applicant may request an exemption, the decision-maker may use the Minister’s initiative, or the application may be refused. There are a number of restrictions on the examination of H&C applications or requests. Consult the Restrictions section of the PDI on who may apply for additional information.

Once all requirements are met, a permanent resident visa may be issued.