Humanitarian and Compassionate Application

You may not apply for H&C consideration if you:

• are a Canadian citizen,
• a permanent resident,
• have submitted an H&C application for which a decision has not been made
• have an outstanding refugee claim,
• became a designated foreign national within the last 5 years.

If you are a designated foreign national, you may not apply for H&C for at least 5 years after the day of your designation, or if you are a designated foreign national and made a:

• refugee claim at the Refugee Protection Division, Immigration and Refugee Board (IRB),
• appeal to your rejected refugee claim (at the IRB’s Refugee Appeal Division), or
• application for a Pre-removal Risk Assessment,

you may not apply for at least 5 years after the date of the decision on that application or appeal.

Normally, foreign nationals who wish to immigrate to Canada must apply for and obtain a permanent resident visa from abroad. Foreign nationals do not have the right to apply for permanent residence from within Canada if they do not meet the requirements of an in-Canada immigration class, or if they are otherwise inadmissible.

However, section A25(1) of the Immigration and Refugee Protection Act (IRPA) allows foreign nationals who are inadmissible or who are ineligible to apply in an immigration class, to apply for permanent residence, or for an exemption from a requirement of the Act, based on humanitarian and compassionate (H&C) considerations.

Factors related to the best interests of the child may include but are not limited to the:

• age of the child,
• child’s establishment in Canada,
• conditions in the country of origin that could impact the child,
• medical needs of the child,
• child’s education, or
• child’s gender.