Under Section 25 of Canada’s Immigration and Refugee Protection Act, a foreign national who does not qualify for permanent residence through any standard pathway can ask IRCC to grant PR on humanitarian and compassionate grounds. IRCC must be satisfied that denying the application would cause unusual, undeserved, or disproportionate hardship.
Processing takes 24 to 36 months at current IRCC timelines. A file submitted today will not be decided until 2028 or 2029. The establishment evidence that strengthens an H&C application builds over time — employment history, community involvement, children’s school records, volunteer work, professional development. Filing early means more evidence, not less.
What IRCC Weighs in an H&C Application
An H&C application is discretionary — the decision is not based on meeting checklist criteria but on the totality of your circumstances. IRCC officers weigh several factors, with some carrying more influence than others.
Best interests of children. If there are Canadian citizen children or children who have grown up in Canada, their best interests are a primary consideration. IRCC is required by law to take this factor into account. School records, physician letters, psychological assessments, and evidence of the child’s community integration all support this dimension.
Establishment in Canada. The length and quality of your establishment in Canada — how long you have been here, what you have contributed, the depth of your community ties — is assessed comprehensively. Employment history, tax filing records, volunteer work, community organization involvement, professional certifications, and character references all form part of the establishment evidence.
Country conditions. If returning to your country of origin would expose you or your family to serious hardship — political instability, inadequate healthcare for a serious condition, persecution risk that does not meet the Convention refugee standard — this is documented and presented.
Ties to Canada vs ties to home country. The officer assesses whether your primary life connections are now in Canada — family here, assets here, professional life here — compared to what remains in your country of origin.
How We Can Help With Your H&C Application
- We build your establishment evidence package — employment records, tax history, community letters, volunteer work, professional certifications.
- We document the best interests of Canadian citizen children with school records, physician letters, and psychological assessments.
- We prepare country condition evidence for IRCC’s assessment of the hardship you would face if removed.
- We file the H&C and a Federal Court stay of removal simultaneously when removal proceedings are active — the two must run together.
- We run your H&C alongside refugee claims, PRRA, and other proceedings — the processes are independent and can all be active at once.
- Free assessment. Every month you wait is a month less of establishment evidence at the time of decision.
H&C and Other Processes — Running in Parallel
An H&C application does not prevent other immigration processes from running simultaneously. Many clients file an H&C while also pursuing a refugee claim, responding to a removal order, or waiting for PRRA assessment. The H&C provides a separate and independent pathway to protected status — it does not replace or delay other remedies.
If a removal order is active, filing an H&C alone does not stay the removal. A Federal Court stay application must also be filed if removal is imminent. Cambria Law assesses the complete picture and pursues all relevant pathways simultaneously.
Frequently Asked Questions
Can I apply for H&C while I am in Canada without status?
Yes. An H&C application can be submitted by someone who is out of status in Canada. However, being out of status does not pause removal proceedings — CBSA can proceed with removal while your H&C is pending unless a Federal Court stay is obtained. If you are out of status and facing removal, contact Cambria Law immediately.
Does an H&C application stop a removal order?
No. Filing an H&C application does not automatically stay a removal order. To prevent removal while an H&C is being processed, a separate Federal Court application for a stay of proceedings must be filed. Cambria Law files both the H&C and the Federal Court stay simultaneously when removal is imminent.
What evidence is most important for an H&C application?
The single most impactful evidence is documentation of children’s establishment in Canada — school records, physician relationships, psychological assessments, and any evidence that the children are deeply rooted here. Beyond that, consistent employment records, tax filing history, community letters, and professional certifications that demonstrate economic and social contribution all carry significant weight.
