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Humanitarian grounds and PR for protected persons

Humanitarian grounds2 min read
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In one sentence. If no other program fits, you can ask to stay in Canada on humanitarian and compassionate grounds, and people found to need Canada’s protection can apply for permanent residence. Here is who can apply, what officers weigh and what each costs.

Some lives do not fit neatly into an immigration program. Canada has two routes for people in that place: a humanitarian and compassionate (H&C) application, which asks an officer to look at your whole situation, and permanent residence for protected persons, for people Canada has already found need its protection. This guide explains both with care, because the stakes are high.

In one sentence: an H&C application is an exceptional request for people in Canada who fit no other class, judged on factors like your roots here and the best interests of children, while protected persons apply for permanent residence through a dedicated, open program.

Humanitarian and compassionate grounds

IRCC calls H&C an exceptional measure, not simply another way to apply. You must be living in Canada, need an exemption from a rule, and not be eligible under any other immigration class, such as the spouse or partner, economic or protected person classes.

  • Your establishment in Canada, including if you could not leave and built a life here.
  • Your ties to Canada and the consequences of being separated from relatives.
  • The best interests of any children directly affected.
  • Health considerations and family violence considerations.
  • Conditions in your country of origin that are not about seeking protection.
An H&C application does not delay your removal: you must leave on the specified date. You can have only one H&C application at a time, and you cannot apply while you have a refugee claim pending, or within 12 months of a refugee claim being rejected, abandoned or withdrawn at the IRB, except to protect a child under 18 from harm or when your life is at risk because of inadequate medical care in your country.

IRCC notes that the cost and inconvenience of returning home are not enough on their own, and that the best interests of a child are weighed carefully but do not automatically outweigh everything else. The fees are $1,260 for you and for a spouse (including the right of permanent residence fee) and $180 for each child, plus biometrics.

Permanent residence for protected persons

You can apply ifYou cannot apply if
The IRB found you to be a Convention refugee or a person in need of protectionYou are also a Convention refugee in another country
You received a positive pre-removal risk assessmentYou are a citizen or permanent resident of another country
You are a protected temporary residentYou are a designated foreign national still within your waiting period
Who can apply as a protected person (IRCC, October 2026)

The program is open, and IRCC recommends applying online. Fees are $660 for each adult and $180 for each child, and protected persons do not pay the right of permanent residence fee. Canada’s levels plan included a one-time effort to move about 115,000 protected persons to permanent residence over 2026 and 2027.

Preparing your application

  1. 01

    Find the right route

    If you have been found to need protection, apply as a protected person. If no class fits you, consider an H&C application.

  2. 02

    Tell your story with evidence

    For H&C, letters, records of work, school, community and family ties, and medical reports show officers your real life in Canada.

  3. 03

    Put children first

    If children are affected, explain clearly how a decision would touch their lives, schooling and health.

  4. 04

    Pay the fees and give biometrics

    Include your fees, and give fingerprints and a photo when IRCC asks.

  5. 05

    Keep your status in mind

    An H&C application does not stop a removal. Get advice quickly if you have a removal date.

Frequently asked questions

Can I apply on H&C grounds from outside Canada?

The H&C class in Guide 5291 is for foreign nationals living in Canada. People outside Canada usually look at other programs.

My refugee claim was refused. Can I apply on H&C grounds?

Usually not for 12 months after the IRB decision, unless a child under 18 would be harmed by your removal or your life would be at risk because your country cannot provide adequate medical care.

Do protected persons pay the right of permanent residence fee?

No. Protected persons pay the processing fee only: $660 for each adult and $180 for each child.

I was approved in principle on H&C grounds. What happens next?

IRCC said in November 2026 that a humanitarian cohort in 2027 will finalize applications from people already found eligible on H&C grounds.

These applications carry a lot of weight, and you do not have to face them alone. A regulated immigration consultant, a lawyer or a legal aid clinic can help you prepare. Always check IRCC’s own pages for the current rules.

You don’t have to face the wait alone.

Thousands of people have shared their real timelines so the next person isn’t left guessing in the dark. Add yours, keep your own application and your family’s together in one place, and see a grounded estimate of how long your decision might take, drawn from people who are walking the same path.

  • Share your timeline and help the next applicant find their footing.
  • Track your own and your family’s applications together, in one calm place.
  • See a realistic estimate of your wait, based on people on the same journey.
Browse the tracker

It’s free, and what you track stays private to you. Sharing your timeline with the community is always your choice.

Key takeaways

  • An H&C application is an exceptional request for people in Canada who fit no other class.
  • Officers weigh your establishment, family ties and the best interests of children.
  • Protected persons apply through an open program and do not pay the right of permanent residence fee.
Sources

Last reviewed: Nov 8, 2026

This is a plain-language summary of official IRCC information, not legal or immigration advice. Rules do change, so please confirm anything that affects you on canada.ca.