Immigration, Refugees and Citizenship Canada (IRCC) updated its program delivery instructions concerning Humanitarian and Compassionate (H&C) applications on October 6, 2026. IRCC describes the changes as minor updates to its instructions on consecutive or concurrent H&C applications and requests.
While the update does not create a new immigration program or fundamentally change the H&C framework, it provides an opportunity to understand how these exceptional applications are treated and what applicants should know before applying.
What Is an H&C Application?
Section 25(1) of the Immigration and Refugee Protection Act allows certain foreign nationals who are inadmissible or ineligible to apply in an immigration class to apply for permanent residence, or request an exemption from a requirement of the Act, based on humanitarian and compassionate considerations.
IRCC emphasizes that H&C consideration is an exceptional measure. It is not simply an alternative way to obtain permanent residence in Canada.
Applicants are responsible for identifying the exemptions they are requesting and providing information and evidence explaining why H&C relief should be granted. Factors that may be considered include establishment in Canada, ties to Canada, health considerations, family violence, consequences of separation from relatives, conditions in the applicant’s country of origin, and the best interests of any children directly affected.
Each application is assessed on its individual circumstances.
Can You Have More Than One H&C Application?
IRCC states that a person is only permitted to have one H&C application under consideration at a time.
The updated instructions also address consecutive applications. If an applicant previously received an H&C assessment and later submits a new application, information and findings from the earlier application or request may be considered. However, decision-makers must also consider new information submitted with the latest application.
This means that submitting a new application after an earlier H&C decision does not necessarily cause the history of the previous application to disappear. At the same time, new circumstances and evidence must be considered as part of the new assessment.
What If Another Permanent Residence Application Is Pending?
The rules become more complicated when an H&C applicant also has a permanent residence application under another category.
IRCC’s instructions state that when an applicant has a pending permanent residence application in another category, the application received first normally takes precedence, although some applications may receive priority.
IRCC’s instructions generally provide for the H&C application to be held in abeyance until the earlier permanent residence application is resolved, although the instructions recognize that there is nothing in the legislation or regulations preventing concurrent processing.
Specific procedures apply to situations involving protected persons and applicants under the Spouse or Common-Law Partner in Canada class.
An H&C application and a Pre-Removal Risk Assessment may, however, be assessed concurrently.
H&C Applications Remain Exceptional
H&C consideration is an exceptional measure and should not be understood as simply another means of applying for permanent resident status in Canada.
Applicants are responsible for providing the circumstances, factors and supporting information they want considered in their H&C application. IRCC’s guidance also makes clear that the cost and inconvenience of returning to a person’s home country to apply for permanent residence are not, in the absence of other compelling factors, sufficient grounds for H&C consideration.
Conclusion
IRCC’s October 6, 2026 update does not represent a major overhaul of H&C applications. Rather, it makes minor updates to the department’s instructions concerning consecutive and concurrent H&C applications and requests.
H&C applications remain highly discretionary and fact-specific. Understanding how previous applications, other pending permanent residence applications, and new evidence may affect a case is important before deciding how to proceed.
Contact Jain Immigration Law
If you are considering an application for permanent residence based on humanitarian and compassionate considerations, Jain Immigration Law can assess your circumstances and provide advice regarding your immigration options.
Jain Immigration Law
Phone: +1 (416) 548-5533
Email: [email protected]
Website: www.jainimmigrationlaw.com