Humanitarian and Compassionate (H&C) Lawyer · Toronto

Who this is for

A humanitarian and compassionate (H&C) application asks IRCC to grant permanent residence, or an exemption from a requirement of the Act, because your circumstances justify it (IRPA s. 25(1)). It is for people in Canada who do not fit another program, or who face an inadmissibility, and whose situation calls for relief. IRCC calls it an exceptional measure, not another way to apply for permanent residence. A request from outside Canada is possible only with a permanent resident visa application, and IRCC is not required to examine it.

The legal test

There is no fixed hardship threshold. In Kanthasamy (2015 SCC 61), the Supreme Court of Canada required officers to weigh all the relevant circumstances together. Some hardship from having to leave Canada is not enough on its own. Officers look at:

• Establishment in Canada: work history, finances, community ties, study, language, and how long you have been here and why.

• Children: the officer must take into account the best interests of any child directly affected, whether the child is in Canada or abroad.

• Hardship on leaving: country conditions, discrimination, access to medical care and family separation.

• Other personal factors, such as health or family violence.

Whether establishment alone can justify approval is still debated. The Federal Court said it can in the Kapoor decision, which we discuss in our article on establishment. IRCC's instructions say some establishment is not necessarily sufficient. We build the file on every factor that applies. Our H&C guide covers the factors in more detail.

What H&C does not do

• It does not delay a removal. If you are under a removal order, that needs its own response (IRCC Guide 5291).

• You can have only one H&C application at a time, and you cannot apply while a refugee claim is pending. After a refugee claim is rejected, you generally have to wait 12 months to apply. The exceptions cover removal that would harm a child directly affected, or put your life at risk because adequate medical care is unavailable (IRPA s. 25(1.2) and (1.21)).

• It cannot overcome inadmissibility for security, human or international rights violations, sanctions or organized criminality. It can address other grounds, such as criminality or misrepresentation. You must request each exemption clearly.

• In an application made in Canada, officers do not assess refugee-type risk, but they must consider hardship (IRPA s. 25(1.3)).

Processing: plan for a long wait

IRCC decides in two stages: first the H&C request itself, then the final permanent residence decision. After a positive first stage, you can apply for a work or study permit. Admission spaces for this category are limited. In a March 2026 briefing to Parliament, IRCC said most new applicants in the category that includes H&C should expect to wait many years for a decision. Your status in Canada has to be planned around that.

How we build an H&C file

We start by checking whether H&C is the right route at all. If a spousal sponsorship, a provincial nominee stream or another program fits, we tell you. If no route is realistic, we say so.

When H&C fits, we:

• disclose your full immigration history, including refusals, overstays, charges and earlier applications, because IRCC will see them and the file should explain them first;

• document establishment with records: tax returns, pay records, leases, school records and letters from people who know you;

• explain what each document proves, so the officer does not have to guess (see our article on documents that tell a story);

• address each child's situation with specific evidence;

• support hardship with current, credible country and medical sources;

• name every exemption you need.

A refusal is not the end. We review the officer's reasons and advise on a reconsideration request, a new application or judicial review. For an application made in Canada, the court deadline is 15 days.

How we work

You work directly with our lawyer, Ahmet Faruk Ocak, in English or Turkish. We start with an online consultation. After that, you complete a secure online intake, we open a shared document folder and build a checklist for your file, and we communicate by email. The flat fee is agreed in writing before work starts, payable in full or in two instalments, held in trust and earned at milestones. Government fees are separate, and HST applies to Canadian residents. Book a consultation at cal.com/blacksyimmigration.

Frequently asked questions

Can I apply for H&C if I have no status in Canada?

Yes. H&C is open to foreign nationals in Canada, including people without status. Officers look at why you stayed, including circumstances beyond your control such as a suspension of removals to your country. An H&C application does not delay a removal, so if you are under a removal order, we deal with that first and assess H&C alongside it.

How long does an H&C application take?

A long time. IRCC decides H&C files in two stages and matches its processing to the limited admission spaces in the immigration levels plan. In a March 2026 briefing to Parliament, IRCC said most new applicants in the category that includes H&C should expect to wait many years for a decision. We plan your status in Canada on that basis, not on hope.

Can I work while my H&C application is in process?

Not on the strength of the H&C application alone. IRCC says in-Canada H&C applicants may apply for a work or study permit once they receive a positive first-stage decision. Until then, you need a permit or status on another basis. People who cannot be removed because of a deferral or suspension of removals can apply for a permit sooner.

Can H&C overcome a criminal record or a misrepresentation finding?

Sometimes. IRPA s. 25(1) allows an exemption from most grounds of inadmissibility, including criminality and misrepresentation, but not security, human or international rights violations, sanctions or organized criminality. You must ask for each exemption clearly and give reasons. We disclose the full history and explain it. Leaving out a record creates a new misrepresentation problem.

What happens if my H&C application is refused?

A refusal is not the end. You can ask the officer to reconsider if there was an error or important new evidence, apply again with a stronger file, or seek judicial review in the Federal Court. For a decision on an application made in Canada, the court deadline is 15 days, so send us the refusal as soon as it arrives.