Guide to IMM 5589: Humanitarian and Compassionate (H&C)

Not every immigration story fits neatly into the standard categories. Some people find themselves in Canada without status, facing removal, or unable to return to their home country due to circumstances beyond their control. For these individuals, the Humanitarian and Compassionate (H&C) grounds application — submitted using form IMM 5589 — provides a last-resort pathway to Canadian permanent residency.

The H&C application is one of the most complex and discretionary immigration processes in Canada. This guide explains who can apply, what factors are considered, how to prepare a strong submission, and what to expect during the process.

What Is a Humanitarian and Compassionate Application?

Quick tip: download the official IMM5589 first, then fill it while following this guide: Download IMM5589 form (official IRCC).

Section 25(1) of the Immigration and Refugee Protection Act (IRPA) gives the Minister of Immigration the discretion to grant permanent resident status to a foreign national who would not otherwise qualify, if the Minister is satisfied that doing so is justified by humanitarian and compassionate considerations. This provision exists as a safety valve in the immigration system — a recognition that rigid rules cannot account for every human situation.

An H&C application asks the government to exercise this discretion in your favour. It is not a right — it is a request for an exception. As such, the burden of proof falls entirely on you to demonstrate why you deserve this exceptional consideration.

For official information, visit the IRCC H&C application guide.

Who Can Apply on H&C Grounds?

You can submit an H&C application if you are:

• A foreign national in Canada without permanent resident status
• Inadmissible to Canada on certain grounds but believe an exemption is warranted
• Unable to meet the requirements of any standard immigration program
• Facing removal from Canada and believe deportation would cause undue hardship

Importantly, you cannot submit an H&C application if you have a pending refugee claim, or if your refugee claim was rejected, withdrawn, or abandoned less than 12 months ago (unless an exception applies). This restriction prevents the H&C process from being used as an automatic appeal of failed refugee claims.

The IMM 5589 Form

Form IMM 5589 is the main application form for requesting permanent residence on humanitarian and compassionate grounds. It captures your personal information, immigration history, and — most importantly — the grounds on which you are requesting an exemption.

See also: How to Apply for Canadian Permanent Residence

The form itself is relatively straightforward, but the accompanying submissions (personal statements, supporting evidence, country condition reports, expert opinions) are what make or break an H&C application. You can download IMM 5589 from the IRCC forms page.

Key Factors Considered in H&C Applications

IRCC officers evaluate H&C applications holistically, considering the totality of circumstances. The key factors typically include:

1. Establishment in Canada

How deeply rooted are you in Canadian society? Officers consider factors such as:

• Length of time you've lived in Canada
• Employment history and financial self-sufficiency
• Community involvement (volunteering, religious participation, cultural activities)
• Property ownership or established tenancy
• Relationships with Canadian citizens or permanent residents
• Tax payment history and civic engagement

2. Best Interests of Children

If your application involves children (your own or those who would be affected by the decision), the officer must consider the best interests of the child as a primary factor. This includes:

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• The child's age, health, and stage of development
• The child's ties to Canada (school, friends, community)
• The impact on the child if the parent is removed from Canada
• Conditions the child would face if forced to relocate to the parent's country of origin
• The availability of adequate education and healthcare in the country of origin

3. Hardship in Country of Origin

While an H&C application is not a refugee claim, you can present evidence of hardship you would face if returned to your country of origin. This might include:

• General country conditions (instability, violence, natural disasters)
• Lack of adequate medical treatment for a condition you suffer from
• Discrimination or danger based on your gender, sexual orientation, religion, or ethnicity
• Inability to survive economically after extended absence

4. Health Considerations

Serious medical conditions — particularly if treatment is available in Canada but not in your home country — can support an H&C application. You should provide medical evidence, doctor's letters, and information about healthcare availability in your country of origin.

5. Family Ties in Canada

Close family relationships with Canadian citizens or permanent residents, especially where separation would cause significant emotional or financial hardship, are relevant. Spousal relationships, parent-child bonds, and dependency relationships are most significant.

How to Prepare a Strong H&C Application

Because H&C decisions are discretionary, the quality of your application matters enormously. Here are critical elements:

Write a Compelling Personal Statement

Your personal statement is the heart of your application. It should tell your story in a clear, honest, and detailed manner. Explain your journey to Canada, what your life has been like here, why you cannot access standard immigration pathways, and what would happen if you were forced to leave. Be specific and factual — emotional appeals are more effective when grounded in concrete details.

Gather Strong Supporting Evidence

Every claim you make should be supported by documentation:

• Employment letters from current and past employers
• Tax returns (CRA Notices of Assessment) showing years of financial contribution
• Letters of support from community members, religious leaders, teachers, neighbours
• School records for children enrolled in Canadian schools
• Medical reports from Canadian physicians
• Country condition evidence from reputable sources (UN reports, Human Rights Watch, Amnesty International, government travel advisories)
• Photographs showing community involvement, family events, and daily life in Canada

Obtain Expert Reports

Where relevant, expert reports can significantly strengthen your application. A psychologist's report on the impact of removal on your mental health or that of your children, a country conditions expert's analysis of risks you would face, or a social worker's assessment of the best interests of children involved — all carry significant weight.

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The Application Process

Filing and Fees

Submit your completed IMM 5589 form along with all supporting documents and the processing fee to IRCC. As of 2026, the fee for an H&C application is $890 CAD for the principal applicant and $260 for each dependent. Check the IRCC fee schedule for current amounts.

Processing Times

H&C applications are notoriously slow. Processing times can range from two to five years or more, depending on the complexity of the case and IRCC workloads. During this time, you may be eligible for a work permit or study permit while your application is being processed.

See also: Canada Student Visa Guide

Interview

Some applicants are called for an interview with an IRCC officer. While not all cases require interviews, being prepared for one is important. The officer may ask you to elaborate on your submissions, verify facts, and explain any inconsistencies.

Decision

If approved, you'll be invited to complete the permanent residency process, including medical exams and background checks. If refused, you may be able to apply for judicial review at the Federal Court within 15 days of receiving the decision.

Important Considerations

• An H&C application does not stop removal: Filing an H&C application does not automatically stay a removal order. If you have an active removal order, you should seek legal advice immediately about requesting a stay of removal.
• Legal representation is strongly recommended: Given the complexity and stakes of H&C applications, working with an experienced immigration lawyer or accredited consultant is highly advisable. Many legal aid clinics also assist with H&C cases.
• Honesty is essential: Any misrepresentation in your application can lead to refusal and a finding of inadmissibility, which could bar you from future immigration applications.
• Keep updating your file: If significant changes occur while your application is pending (new family member, job change, medical diagnosis, change in country conditions), submit updates to IRCC.

Conclusion

The Humanitarian and Compassionate grounds application is a vital but challenging pathway for those who have no other option for remaining in Canada. It requires thorough preparation, extensive documentation, and patience through a lengthy processing period. While the outcome is never guaranteed, a well-prepared application that honestly and comprehensively presents your circumstances gives you the best possible chance.

If you believe you may have grounds for an H&C application, seek legal advice as soon as possible. WelcomeAide provides information to help you understand the process, but for this type of application, professional legal guidance is essential.