- Overseas requests must accompany a permanent resident visa application; no stand-alone overseas H&C application is available.
- A pending claim before either refugee division can restrict H&C examination.
- Overseas visa processing fees are not refundable if the application is refused.
Checked against the Government of Canada
Immigration, Refugees and Citizenship Canada (IRCC) updated its Humanitarian and Compassionate intake instructions on November 3, 2026, after section A25 changes tied to Bill C-12 came into force. The guidance concerns foreign nationals seeking H&C consideration.
IRCC updated its program delivery instructions titled “Humanitarian and compassionate (H&C) considerations: Intake and foreign nationals whose H&C can be assessed.” They cover intake and which foreign nationals may have their H&C circumstances assessed under subsection A25(1). IRCC says the update reflects changes to A25 following Bill C-12 coming into force on November 3, 2026, but does not list the individual instruction changes.
The department’s notice does not identify each instruction that changed.
A request is not an approval. Filing does not guarantee that the department will examine the case, grant an exemption or approve permanent residence.
The route depends on whether the request is made in Canada
Free toolCanada Express Entry Points CalculatorUnder the current guidance, a foreign national who is inadmissible or does not meet requirements in the immigration law or regulations can make a written request under subsection A25(1). Examination remains subject to restrictions.
Inside Canada, a person may file a stand-alone H&C permanent residence application. Another option is to request an exemption through a permanent residence application in the family, economic or refugee class. That application must meet the requirements in R10.
The overseas route is different. A request must accompany an application for a permanent resident visa in one of the three immigration classes. There is no stand-alone overseas H&C application.
Fees must be settled before the department examines a request. In Canada, the applicable permanent residence processing fee must be collected first. Overseas applicants must pay the visa processing fee, which is not refundable if the application is refused. Where no permanent residence or visa fee applies, such as with a refugee application, a fee for the H&C assessment is required.
A refugee claim can block H&C examination
A claim may restrict access to H&C consideration if it has been found eligible for referral to the Refugee Protection Division, or while it remains pending before that division or the Refugee Appeal Division. The restriction also can apply after an ineligible claim if a pre-removal risk assessment is pending.
A 12-month bar may follow certain negative refugee-protection decisions. It runs from the latest of the Refugee Protection Division decision, the Refugee Appeal Division decision, or the Federal Court’s refusal of leave or dismissal of a judicial review of the claim. For example, a negative Federal Court decision on February 20, 2018 keeps the bar in place until February 19, 2019. A withdrawal after substantive evidence has been heard, or an abandoned claim, can also trigger the bar.
Exceptions may be requested when removal would create a real, imminent and foreseeable risk to life because adequate medical care is unavailable in the person’s country of origin. Another possible exception concerns harm to the best interests of a directly affected child under 18.
The exception must be requested. If one person on an application is subject to the bar, the restriction can affect the entire application unless an exception is sought. Separately, only one H&C application or request may be under consideration for a person at a time.
The outcome depends on the claim’s status and the applicant’s circumstances. The filing itself does not guarantee examination.
Check the pathway and claim status before filing
Before submitting a request, applicants should:
- Confirm whether the filing is made from inside or outside Canada, then use the matching application route.
- Check the status of any refugee claim, appeal, pre-removal risk assessment or related protection proceeding.
- State in writing what exemption or consideration is sought and provide supporting information.
- Confirm the applicable fees before filing.
The department’s current intake instructions describe the guidance applicants and representatives should consult before choosing a filing route.
