Critical Timing — Read Before Proceeding
IRCC's H&C backlog runs 5–7 years for the standard queue. Combined with public policy and permit holder inventories, some queues exceed 20 years. H&C is not a path to near-term status resolution.
H&C is appropriate when two conditions are simultaneously true: the applicant cannot qualify for permanent residence through any standard pathway, and their circumstances genuinely warrant exceptional consideration. Both conditions must be met — not just one.
IRCC officers who process H&C applications are experienced with applicants who exhaust the process strategically. An application that reads as a tactical filing — submitted to delay removal or as a backup to a failed refugee claim — will be assessed accordingly. The most successful H&C applications are from people who have built genuine Canadian lives and whose removal would cause disproportionate hardship to established ties or to children.
This pathway suits you if...
- • You are ineligible for all standard immigration pathways (Express Entry, PNP, Family Class)
- • You have lived in Canada for several years with documented community integration
- • You have Canadian citizen or PR children whose interests would be severely impacted by your removal
- • Return to your country of origin would create hardship disproportionate to the general population there
- • You have a serious medical condition requiring ongoing Canadian care not available at home
Consider alternatives if...
- • You have a refugee claim pending — file it through RPD, not H&C (same grounds cannot overlap)
- • You have a qualifying sponsor — family sponsorship is the correct channel
- • You meet CEC, FSWP, or PNP criteria — standard pathways take priority
- • Your Canadian presence is recent (under 2 years) with limited establishment evidence
- • You plan to use H&C as a short-term status solution — processing is 5–7+ years
Critical timing note: IRCC's H&C backlog currently runs 5–7 years for the standard queue, and over 20 years for some combined inventories. H&C is not a path to near-term status resolution. File it as part of a broader strategy — not as a standalone plan.
Processing Times
- H&C queue:5–7 years
- Combined inventory:20+ years
- Processing fee:$550
Times are IRCC estimates. Individual files vary significantly.
Judicial Review
A refused H&C application can be challenged at the Federal Court. Leave application must be filed within 15 days of refusal. JR requires a lawyer — this is outside RCIC scope.
Related Services
H&C applications require careful assessment before filing. A consultation covers whether H&C is appropriate, which factors apply, and how to document the strongest possible case.
Schedule your consultationA consultation is required for case-specific advice.