IRCC Clarifies Limits of Humanitarian and Compassionate (H&C) Requests in PR Applications: What Applicants Need to Know

Many applicants believe that if they have strong humanitarian circumstances—such as serious medical issues, Canadian children, or exceptional family situations—Immigration, Refugees and Citizenship Canada (IRCC) can simply approve their permanent residence application on humanitarian and compassionate (H&C) grounds.

The reality is more complicated.

H&C is an important tool in Canada's immigration system, but it is not a solution that can fix every type of immigration problem.

A recent IRCC policy clarification explains an important limitation: H&C considerations cannot be used to waive the eligibility requirements of a permanent residence application submitted under a temporary public policy.

However, it is equally important to understand what this clarification does not mean.

This does not change how H&C applies to Express Entry, Family Class, or other regular immigration programs established under Canada's immigration laws.

What Are Humanitarian and Compassionate (H&C) Applications?

Humanitarian and compassionate consideration is a discretionary process under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA).

It allows the Minister or a delegated immigration officer to grant permanent residence or provide an exemption from certain requirements of Canada's immigration laws when justified by humanitarian and compassionate considerations.

Factors that may be considered include:

• The best interests of a child directly affected by the decision;

• Establishment in Canada;

• Family separation;

• Serious medical circumstances;

• Hardship that would result from leaving Canada; and

• Other exceptional or compelling circumstances.

An H&C application is a separate pathway to permanent residence. It is not an appeal of a refused immigration application and it is not automatically considered whenever someone experiences hardship.

What Did IRCC Clarify?

The recent IRCC guidance deals specifically with applicants who apply for permanent residence under an in-Canada permanent residence granting public policy and also request H&C consideration.

The question addressed by IRCC was:

If an applicant does not meet the requirements of a temporary public policy, can an officer use H&C considerations to waive those requirements?

The answer is no.

If an applicant fails to meet the conditions of a public policy, the officer cannot approve the application by relying on H&C considerations.

What Is a Temporary Public Policy?

A temporary public policy is a special immigration measure created by the Minister under section 25.2 of the IRPA.

These policies allow the Minister to create pathways to permanent residence for specific groups of foreign nationals who meet specific conditions.

Examples of public policies may include pathways created for:

• Specific occupational groups;

• Vulnerable populations;

• Workers affected by particular circumstances; or

• Other groups identified by the Minister.

Each public policy has its own eligibility requirements.

These requirements may include:

• Specific work experience;

• Employment in a qualifying occupation;

• Language requirements;

• Educational credentials;

• Residency requirements;

• Application deadlines; or

• Other conditions established by the Minister.

Applicants must satisfy all of the conditions of the public policy.

Why Can't H&C Override Public Policy Requirements?

The reason is based on the legal difference between two types of immigration authority.

H&C applications are based on subsection 25(1) of IRPA, which allows exemptions from certain requirements of the Act and Regulations.

However, the conditions of a temporary public policy are not requirements found in the Act or Regulations. They are conditions created by the Minister under section 25.2 of IRPA.

Because of this, immigration officers do not have the authority to use H&C considerations to waive those public policy conditions.

For example:

A temporary public policy requires an applicant to have 12 months of qualifying Canadian work experience.

An applicant has only 10 months of work experience but has Canadian children, strong establishment, and serious medical concerns.

Those humanitarian factors may be compelling. However, IRCC cannot approve the public policy application because the applicant did not meet the policy requirement.

The applicant would need to explore a separate H&C application if they wish to have those humanitarian circumstances considered.

Important Clarification: This Does Not Apply to Express Entry

One of the most important points is that this IRCC clarification does not apply to Express Entry.

Express Entry is not a temporary public policy.

Express Entry is a permanent immigration selection system created under the Immigration and Refugee Protection Actand the Immigration and Refugee Protection Regulations.

It manages applications under economic immigration programs such as:

• Federal Skilled Worker Class;

• Canadian Experience Class;

• Federal Skilled Trades Class; and

• certain Provincial Nominee Program applications.

The recent IRCC guidance does not change the rules for Express Entry applicants.

Can Someone Who Does Not Qualify for Express Entry Apply for H&C?

Yes, in appropriate cases.

A person does not need to qualify for Express Entry before submitting an H&C application.

For example, an applicant may have:

• A CRS score that is too low to realistically receive an Invitation to Apply;

• No available economic immigration pathway;

• Significant establishment in Canada;

• Serious medical circumstances;

• Children whose best interests would be affected;

• Exceptional family circumstances; or

• Other compelling humanitarian factors.

However, simply being unable to qualify for Express Entry is not, by itself, an H&C factor.

H&C is not intended to replace Canada's economic immigration programs.

The applicant must demonstrate why, considering all circumstances together, requiring them to leave Canada or remain separated from their family would create hardship or an unjust result.

Medical Issues and H&C: A Different Analysis

Medical inadmissibility is another area where applicants often misunderstand the role of H&C.

Medical inadmissibility is found under section 38 of IRPA. Unlike a public policy condition, it is a requirement contained in Canada's immigration legislation.

In certain circumstances, H&C considerations may be used to request an exemption from medical inadmissibility.

For example, an applicant may have:

• A serious medical condition;

• Established treatment in Canada;

• Family members in Canada who depend on them;

• A child whose best interests are affected; or

• Other compelling circumstances.

However, an Express Entry officer does not simply convert an economic immigration application into an H&C application. Applicants seeking relief through H&C generally need to submit a separate H&C permanent residence application.

Family Circumstances and H&C

H&C may also be relevant in cases involving unusual family dependency.

For example:

A Canadian permanent resident father is widowed. One of his children in Canada is bedridden and requires significant care. The father must continue working to support the family, but there are no other relatives available to provide assistance.

His only other child is a 35-year-old daughter living outside Canada.

The father may not qualify to sponsor the daughter under the "Lonely Canadian" provision because he has a living child.

H&C cannot simply transform an ineligible Family Class sponsorship into an eligible one.

However, depending on the circumstances, the daughter may have a possible H&C argument based on:

• Exceptional family dependency;

• The medical needs of the disabled sibling;

• The father's circumstances;

• Lack of alternative caregivers; and

• The humanitarian consequences of continued family separation.

The strength of such an application would depend on the evidence and the complete circumstances of the family.

The Key Difference

The recent IRCC clarification can be summarized as follows:

Situation	Can H&C Help?
Applicant fails to meet a requirement of a temporary public policy under s. 25.2 IRPA	No. H&C cannot waive the public policy condition.
Applicant does not qualify for Express Entry but has compelling humanitarian circumstances	Possibly. A separate H&C application may be considered.
Applicant faces medical inadmissibility under IRPA	Possibly. H&C may provide relief in appropriate circumstances through a separate H&C process.
Applicant is ineligible for Family Class sponsorship	Depends on the circumstances. H&C may be available, but it does not automatically fix sponsorship eligibility.

The Bottom Line

The recent IRCC guidance does not eliminate or restrict humanitarian and compassionate applications.

Instead, it clarifies an important legal distinction:

H&C can provide relief from certain requirements of Canada's immigration legislation, but it cannot be used to ignore the eligibility conditions of a temporary public policy created by the Minister.

Applicants should carefully identify what type of immigration application they are pursuing before deciding whether H&C is an appropriate strategy.

In complex cases involving medical issues, children, family dependency, or exceptional hardship, a carefully prepared H&C application may provide a pathway to permanent residence where other immigration options are unavailable.

Every case depends on its own facts. Obtaining proper legal advice before applying can help ensure that the strongest possible immigration strategy is pursued.