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CanadaStatus in-countryLast checked October 30, 2026

Humanitarian and compassionate (H&C) application for permanent residence from inside Canada

Official name: Permanent residence on humanitarian and compassionate grounds (Guide 5291)

People living in Canada who do not fit any other immigration class can ask IRCC to grant permanent residence, or to waive a requirement, on humanitarian and compassionate grounds. IRCC calls it an exceptional measure. It looks at things like ties to Canada, the best interests of any children affected, health, family violence and hardship in the home country, but not risks that belong in a refugee claim. You cannot apply while a refugee claim is pending or, in most cases, within 12 months of a refused, abandoned or withdrawn refugee claim. Applying does not stop a removal.

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3 entry rules for Canada based on recent travel

These apply to people who were recently in certain countries. Sign in and add your trips to see whether any apply to you.

Life in Canada

Finance

3

Currency

Canadian Dollar

CAD

Canadian Dollar

Cost of living

90

Price level · US = 100

World Bank price levels, 2025

Tax

14–33%

Income tax (national)

Federal top rate applies above CAD 258,482 (2026); provinces/territories add their own income tax (roughly 4% to 21% at the top), giving combined top rates of about 44% to 54%.

Official rates, 2026 · headline only

Living

1

Happiness

6.7

#24 of 145 countries

World Happiness Report 2025

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What gives you an edge here: passports, visas and permits you hold, work, study, language and family ties

Who it’s for

Foreign nationals living in Canada who need an exemption from one or more requirements of the immigration law to become permanent residents and who do not fit another in-Canada class.

Eligibility

  • Living in Canada, no other class fits

    For foreign nationals in Canada who need an exemption from one or more requirements of the Immigration and Refugee Protection Act or Regulations. People who fit the spouse or common-law partner, economic, protected person or temporary resident permit holder classes should use those instead; a spouse or partner who can sponsor should use the spousal sponsorship application.

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  • Not while a refugee claim is pending

    You cannot apply while a refugee claim is outstanding, and only one H&C application can be considered at a time.

    • Only 1 H&C application can be under consideration at a time
    Official wording

    People with an outstanding refugee claim cannot apply. Only one H&C application can be under consideration at a time.

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  • 12-month bar after a refugee claim endsFormer refugee claimants

    You cannot apply if your refugee claim was rejected, abandoned or withdrawn in the last 12 months, apart from two exceptions.

    • Exception: children under 18 would be directly and adversely affected
    • Exception: life-threatening risk from inadequate health or medical care in your home country
    • Home country means country of nationality or former habitual residence
    Official wording

    People whose refugee claim was rejected, abandoned or withdrawn in the last 12 months cannot apply, unless children under 18 would be directly and adversely affected, or there is a life-threatening risk caused by inadequate health or medical care in the country of nationality or former habitual residence.

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A sneak peek at what's inside

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  • Document checklist
  • Fees

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  • 3 more requirements
  • 6 documents
  • 4 fees
  • 6 steps
  • Processing times and conditions

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