Canada Clarifies Humanitarian and Compassionate PR Application Process Under Section 25 of IRPA
In a recently published update, Immigration, Refugees and Citizenship Canada (IRCC) has provided detailed policy guidance regarding applications for permanent resident (PR) status under Section 25(1) of the Immigration and Refugee Protection Act (IRPA). This section is commonly used by individuals applying for Humanitarian and Compassionate (H&C) consideration due to unique personal or hardship-related circumstances.
These updates clarify the process for both in-Canada (inland) and overseas applicants, along with detailed fee structures, procedural requirements, and eligibility parameters. This announcement is particularly relevant for immigration consultants, legal professionals, and foreign nationals seeking permanent residency in Canada despite inadmissibility or failure to meet conventional immigration criteria.
What Is Section 25(1) of IRPA?
Section 25(1) of the IRPA empowers the Minister of Immigration to grant permanent residency or exemptions to foreign nationals who are either:
- Inadmissible, or
- Do not meet the standard PR requirements under IRPA.
This discretionary authority can be exercised if the Minister believes the request is justified based on:
- Humanitarian and compassionate (H&C) considerations, or
- Public policy, with special attention given to the best interests of any child directly affected.
This mechanism serves as a critical safety net for people who might otherwise have no viable immigration pathway due to technical ineligibility, personal hardship, or compelling humanitarian grounds.
Inland Applications: Humanitarian and Compassionate Consideration
Foreign nationals already in Canada may submit:
- A stand-alone H&C application, or
- A subsection A25(1) request as part of their PR application.
🔹 Required Forms:
- IMM 0008 – Generic Application Form for Canada
- IMM 5283 – H&C Considerations form
These applications must meet the submission requirements outlined in Section R10 of the Immigration and Refugee Protection Regulations (IRPR). The submission of a completed application, along with the applicable fees, will initiate the processing phase.
🔹 Application Fee:
- The fee for an adult principal applicant: $835 CAD (standard PR fee)
- For a dependent child principal applicant under H&C consideration: $635 CAD
Overseas Applications: No Dedicated H&C Form
Outside Canada, there is no separate application form for humanitarian and compassionate requests. Instead, applicants must:
- Submit a regular permanent resident application under one of the three main PR categories (e.g., Family, Economic, or Refugee class)
- Include a written request for H&C consideration.
The fee schedule will align with the chosen PR stream under which the application is filed.
Fee Exemptions: Inland vs. Overseas
- Inland applications: No fee exemptions are available for H&C cases.
- Overseas applications: Fee exemptions are based on the class under which the applicant is applying.
For example, if applying under the refugee class with H&C considerations, the same exemption rules apply as for standard refugee applications.
It’s important to note that if an applicant has previously been refused but now seeks H&C consideration, they must reapply with a new PR application and repay the full fees associated with that category.
Key Takeaways for Applicants and Legal Representatives
- The H&C program is not a guaranteed path to permanent residence. Decisions are highly discretionary and reviewed case by case.
- Emphasis is placed on:
- Long-term establishment in Canada
- Family ties
- Adverse country conditions
- Best interests of children
- Any exceptional hardships upon removal
- Early payment of fees and complete applications are critical to initiate review.
For individuals facing complex immigration barriers, Humanitarian and Compassionate applications under Section 25(1) provide a crucial legal avenue. Whether applying from within Canada or abroad, understanding the procedural differences and preparing a strong, well-documented application is essential.
With no fee waivers inland, and strict standards for supporting documentation, applicants are advised to seek assistance from licensed immigration consultants or legal professionals to ensure compliance with IRCC’s guidelines.
As Canada continues to balance compassion with regulation, the H&C stream remains an important, yet nuanced pathway for those in need of a second chance.
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