When the usual immigration rules do not fit your circumstances, H&C consideration may.
Humanitarian and Compassionate (H&C) consideration is a discretionary request under section 25(1) of Canada’s immigration law. It lets IRCC grant permanent residence, or exempt you from a requirement you would not otherwise meet, when your personal circumstances justify it — family separation, establishment in Canada, a child’s best interests, or risk on return.
There is no fixed eligibility checklist. Every H&C case is assessed on its own facts, and 2026 has brought real changes to how those facts get weighed. More on that below.
What changed in 2026
H&C did not get new eligibility rules this year — it got a smaller admissions target and updated guidance on how officers weigh the evidence in front of them.
| Change | What it means |
|---|---|
| Admissions target cut | The 2026–2028 Immigration Levels Plan sets Humanitarian and Compassionate admissions at 6,900 for 2026, falling to 5,000 in 2027 and 2028 — down from 10,000 in 2025, a 31% reduction. Inventory already exceeds available spaces, so processing times are expected to keep growing. |
| Processing instructions updated | IRCC revised its in-Canada H&C program delivery instructions on 25 June 2026, covering the full process from initial assessment through to the permanent residence decision. |
| Best interests of the child | Guidance updated 12 May and 11 June 2026 reinforces that officers must be alert and sensitive to every affected child’s circumstances and give that factor substantial weight — not treat it as one line item among many. |
Processing times vary enormously by case and location and are not something we will guess at here. IRCC publishes current estimates at canada.ca/processing-times — we will check the figure that applies to your situation and explain what it realistically means for you.
What H&C considers
Family ties and separation
How your case would be affected by continued separation from family in Canada.
- Close family members who are Canadian citizens or permanent residents
- The strength and duration of those relationships
- The practical and emotional impact of separation if your application is refused
Establishment in Canada
How deeply rooted you have become during your time here.
- Length of time in Canada and your immigration history
- Employment, community involvement and language ability
- Financial independence and any ties that would be lost if you had to leave
Best interests of any child affected
A mandatory factor whenever a child is affected by the decision — Canadian or foreign-born, inside or outside Canada.
- The child’s current stability, schooling and community ties
- The impact of separation from a parent or primary caregiver
- Conditions the child would face if the family had to leave Canada
Under the framework set out by the Supreme Court in Kanthasamy, officers must be alert, alive and sensitive to the child’s actual circumstances — this is not a box to check.
Risk, health and country conditions
Conditions you would face if you had to leave Canada, where they fall short of refugee protection but still carry real weight.
- Political, social or economic conditions in your home country
- Health considerations, including access to treatment
- Any other risk that would not otherwise be captured by a refugee claim
H&C or refugee protection?
These are different processes, and confusing them costs people time. H&C is not asylum.
- H&C consideration is a discretionary request for an exemption or permanent residence based on your overall circumstances. It is not a finding that you face persecution.
- Refugee protection is a legal determination that you face a well-founded fear of persecution, or risk of torture, death or cruel treatment, and follows a different process entirely.
Some cases involve elements of both, and country conditions can factor into an H&C application without it becoming a refugee claim. We will tell you honestly which process — or which combination — fits your situation before you commit to either. Our fee schedule is published in full.
Frequently asked
What types of cases qualify for H&C consideration?
There is no fixed list. Family separation, strong establishment in Canada, a child’s best interests, health considerations and country conditions are the core factors officers weigh together, on the specific facts of your case.
Why did the admissions target drop in 2026?
The 2026–2028 Immigration Levels Plan cut Humanitarian and Compassionate admissions from 10,000 in 2025 to 6,900 in 2026, falling further to 5,000 in 2027 and 2028. That is a policy decision about overall intake, not a change to who qualifies.
How long does an H&C application take?
It varies widely by case and processing location, and current backlog pressure means times are trending longer. We will check the published estimate that applies to you and give you a realistic picture rather than a generic number.
Do I need a representative to apply?
You are not required to have one, but H&C decisions turn on how well your story and evidence are presented, not on checking boxes. Experienced representation makes a real difference to how your case reads to an officer.
Is H&C the same as claiming refugee status?
No. H&C is a discretionary request based on your overall circumstances. Refugee protection is a legal finding of persecution or risk, decided through a separate process. We will tell you which applies before you commit to either.
About your consultant
Howard Brown, Regulated Canadian Immigration Consultant, RCIC licence R713090 — verify on the CICC public register. Read more about our approach.
Ready to find out where you stand?
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