Humanitarian Pathway

About

The Humanitarian and Compassionate (H&C) application is a special way for people already living in Canada without permanent resident status to apply for permanent residency.

It is meant for people who do not qualify through regular immigration programs but who would face hardship if they had to leave Canada. This pathway focuses on fairness, compassion, and individual life situations.

Who can apply

You may apply if:

  • You are living in Canada and want to stay permanently.

  • You cannot qualify through other immigration programs.

  • You have compelling reasons why you should be allowed to stay, such as:

    • Hardship in your home country (safety, health, discrimination, lack of support).

    • Strong ties to Canada (family, work, community).

    • Best interests of children affected by your removal.

    • Establishment in Canada (time spent, integration, contributions).

Important points:

  • H&C is decided case by case. There is no guaranteed approval.

  • You cannot apply for H&C from outside Canada.

  • You generally cannot use H&C if you already have a pending refugee claim or have had one refused in the past 12 months (with some exceptions for children and medical hardship).

Benefits

  • Offers a last chance pathway for people who have built their lives in Canada but lack status.

  • Takes into account personal circumstances that regular immigration streams do not.

  • Can lead to permanent resident status, opening the door to healthcare, work, education, and later citizenship.

  • Protects the best interests of children, which is always given special attention.

Real-Life Examples

  • Samira, from Iran, has lived in Canada for 8 years without status. Her two children were born in Canada and attend school here. She applies under H&C, highlighting the hardship her Canadian-born kids would face if forced to leave.

  • David, from Ghana, has been working in Canada without proper status for several years. He is deeply involved in his local church and community. His lawyer submits an H&C application showing his integration and strong community ties.

Frequently Asked Questions

Can I apply for H&C from outside Canada?

No. H&C is only for people already inside Canada.

 

What factors are considered?

Hardship in your home country, ties to Canada, establishment here, best interests of children, and overall fairness.

How long does it take?

Processing can take many months to several years, as each case is reviewed individually.

 

If I apply, can I stay in Canada during the process?

Yes, but you must maintain valid status if possible. Some applicants receive temporary measures (like work permits) while waiting, but this is not automatic.

 

Does approval guarantee permanent residency?

If approved, you become eligible to apply for permanent residency. Once completed, you and your family can obtain PR status.