Humanitarian and Compassionate Programs

Context

Discretionary authorities under section 25 of the Immigration and Refugee Protection Act allow the Minister to grant permanent resident status or an exemption from requirements of the Act and/or Immigration and Refugee Protection Regulations (Regulations) to foreign nationals who would not otherwise qualify under an existing immigration category. These authorities are viewed as the legislation’s “safety net.”

Background

• Humanitarian and Compassionate (H&C) considerations allow the Minister to address exceptional circumstances by granting an exemption from certain criteria or obligations of the Act/Regulations. Admissions for these programs typically fall under the H&C and Other (i.e., special measures) category within the Immigration Levels Plan.
• H&C Considerations: H&C can be requested by individuals or used on the Minister’s (or delegated officials’) initiative to grant exemptions on a case-by-case basis. H&C cannot be used to overcome the most serious inadmissibilities—security, human or international rights violations, organized criminality.
  • Overseas H&C: Applicants can request H&C as part of an existing application.
  • In-Canada H&C: Applicants can apply for H&C directly in Canada. H&C can also be requested as part of an application under another pathway.
• Special Immigration Measures: The Minister also has the authority to establish special measures to exempt applicants from provisions of the Act or Regulations under section 25.2 of the Act. This authority is intended to be used in exceptional circumstances, such as to respond to humanitarian situations, as a stop-gap temporary “fix” to address operational issues, or to support the national interest.

Impacts

• Both authorities are useful and effective tools to address situations where special consideration is needed. However, the increase in situations requiring facilitation, limited space in the Immigration Levels Plan, and stakeholder pressure have resulted in operational challenges and long wait times for clients in this category.

Current Program

• There has been an increase in demand for in-Canada H&C in recent years as more foreign nationals without a viable path to permanent residence under other pathways wish to stay in Canada in the longer term.
• Examples of special measures launched in recent years, including to respond to crises and political instability in countries around the world, include:
  • Americas: Special measure to facilitate permanent residence for certain Colombian, Haitian, and Venezuelan nationals with family in Canada. Intake has closed.
  • Sudan: Special measure to facilitate permanent residence for certain foreign nationals affected by the conflict in Sudan with family in Canada. Intake has closed.
  • Ukraine: Special measure to facilitate permanent residence for certain Ukrainian nationals with family in Canada. Intake has closed.
  • Hong Kong: Special measure to facilitate the permanent residence for certain Hong Kong residents in Canada. Intake will continue until August 2026.

Recent Developments

• Processing Times and Available Admissions Space: The processing time for many special measures and in-Canada H&C applications are increasing due to high demand, limited intake controls, and low admissions targets.
• Maintaining Status for in-Canada Cohorts: Growing wait times for certain permanent residence special measures targeting temporary residents in Canada from Ukraine and Hong Kong have led to a need for additional facilitation to ensure these individuals can remain in Canada legally while their application is processed.

Upcoming Milestones

• Explore ways to better manage intake of in-Canada H&C applications to reduce wait times for clients and increase operational efficiency for the Department.
• Explore ways to ensure better alignment between special measures to emerging situations or crises around the world.

Key Service Delivery Statistics

Permanent Residents: Humanitarian & Compassionate & Public Policies - Data up to 2025 (Jan to Feb)

Wait times for new applicants (historical change – in months): Very limited admissions spaces in the latest Levels plan and programs are either uncapped or have high intake caps, leading to long wait times. Application wait times by line of business are reflected to their own scale and are shown by quarter for comparative purposes.

Inventory Compared to Remaining 2025 Admissions