A humanitarian and compassionate (H&C) application lets a person in Canada ask IRCC for an exemption from a requirement of immigration law so they can apply for permanent residence from inside Canada. IMM 5280 is its document checklist. IMM 5283 is the supplementary information form where you explain your grounds. Check who is barred before you fill in either form.
Key facts
- You must be in Canada, need an exemption from a requirement of the Immigration and Refugee Protection Act, and be unable to apply from within Canada in another class.
- Only one H&C application may be under consideration at a time.
- You cannot apply while a refugee claim is pending at the Refugee Protection Division or Refugee Appeal Division, and a 12-month bar follows a negative refugee decision, with two exceptions.
- IMM 5280 (document checklist) and IMM 5283 (supplementary information) are uploaded as PDFs. IMM 0008, IMM 5669 and IMM 5406 are filled in online.
- Online filing is the main application method. Paper, braille or large-print options are available on request.
- These rules were checked on canada.ca on October 30, 2026 (IRCC’s H&C guide is dated October 16, 2026).
Who can use an H&C application in Canada?
You may explore H&C if you are in Canada, need an exemption from a legal requirement, and cannot apply from within Canada as a spouse or common-law partner, in an economic class, as a protected person, or as a temporary resident permit holder.
IRCC says you must show sufficient and compelling reasons. The cost and inconvenience of returning to your home country to apply is not enough on its own. If you qualify in one of those classes, apply in that class instead.
Check the current IRCC H&C guide before you begin. It explains who may apply, how to submit the application and which requirements apply to your situation.
Who cannot apply because of a refugee-related bar?
You cannot make an H&C application while a refugee claim is pending before the Refugee Protection Division or Refugee Appeal Division. IRCC’s intake instructions also set a 12-month bar after a negative refugee decision, or after the Federal Court refuses leave or judicial review.
IRCC identifies two exceptions to that 12-month bar:
- There is a risk to life because the home country cannot provide adequate medical care.
- Removal would have an adverse effect on the best interests of a child directly affected by it.
If you do not fit an exception, IRCC refuses the request and does not refund the fees. H&C is not a substitute for a refugee claim or an appeal. Review your refugee history and any enforcement documents before filing. If you have received a procedural fairness letter, you can also review North Vista Immigration’s guide to responding to a procedural fairness letter.
Which forms are used for an H&C application?
The forms have different jobs. IMM 0008, IMM 5669 and IMM 5406 are completed online, while IMM 5280 and IMM 5283 are uploaded as PDF documents.
| Form | Purpose | How it is submitted |
|---|---|---|
| IMM 0008 | Generic application form for permanent residence | Completed online |
| IMM 5669 | Schedule A: background and declaration information | Completed online |
| IMM 5406 | Additional family information | Completed online |
| IMM 5280 | Document checklist for the H&C application | Uploaded as a PDF |
| IMM 5283 | Supplementary information explaining the H&C request | Uploaded as a PDF |
| IMM 5476 | Appointment of a representative, if you use one | Uploaded as a PDF, only if you appoint one |
Download the current forms from IRCC only. Do not rely on blank copies from form-filling or template websites because versions and instructions may change. IRCC’s IMM 5283 page says who completes the form. When we checked it on October 30, 2026, it showed the form as last updated in June 2020.
What goes in IMM 5283?
The principal applicant completes IMM 5283. It should explain the circumstances supporting the requested exemption and connect each important point to specific documents.
A family member completes a separate IMM 5283 only when that family member is included in the application and has different H&C grounds. Question 10 asks about any child who would be affected by your application, and IRCC says you must give specific information and supporting documents.
Build each answer around facts and proof
- State the circumstance: Explain what happened, when it happened and who is affected.
- Explain the consequence: Describe the practical effect of refusal or departure on the applicant and affected family members.
- Identify the exemption: Make clear which immigration requirement creates the problem and what consideration is requested.
- Attach supporting records: Match documents to the relevant statement instead of submitting a collection of unrelated papers.
- Address gaps: Explain missing records, different dates, name variations or other inconsistencies.
Use the same names, dates, addresses, family details and immigration history in the forms, chronology, statements and evidence. General descriptions of hardship are less useful than specific facts supported by records.
What factors do officers weigh?
IRCC’s processing instructions cover hardship, the best interests of the child, family relationships and establishment in Canada. Officers must weigh all the relevant factors together, so no single factor decides the case on its own.
Hardship
Describe the likely consequences of departure in concrete terms. Explain who depends on the applicant, what support is provided, when that dependence began and what alternatives were considered. The cost or inconvenience of returning home, without more, is not enough.
Children affected by the decision
Assess each affected child separately. Include specific information about the child’s health, education, caregiving, relationships, daily routine, language and support network. Question 10 of IMM 5283 asks for specific facts and documents about any child who would be affected.
Family relationships
Explain the nature of family ties in Canada and the practical effect of separation. Civil records, shared-residence documents, communication records, financial support records, travel history and detailed statements may help establish the relationship and its impact.
Establishment in Canada
Relevant records may include employment, tax, education, housing, community and volunteer documents. Explain how the applicant’s life and responsibilities developed in Canada, rather than listing activities without context.
What evidence should go with the forms?
Evidence should be relevant, readable and organized around the claims in IMM 5283. Start with a dated chronology, then map each important statement to one or more records.
- Identity and immigration history: Passports, permits, entry records, previous applications, refusals, correspondence and removal-related documents.
- Establishment: Employment, tax, school, lease, utility, community and volunteer records.
- Family relationships: Marriage or birth certificates, shared-residence proof, communications, financial support, travel records and detailed statements.
- Children: School and medical records, custody or caregiving information, professional assessments, routines, support networks and a specific explanation of departure’s effects.
- Hardship and separation: Evidence of dependency, caregiving, financial responsibilities, treatment needs or unusual relocation barriers.
- Health or family violence: Relevant medical, counselling, police, shelter or professional records.
- Country conditions: Reliable records explaining how conditions affect the applicant personally.
- Requested exemptions: A written explanation identifying the requirement involved and the facts supporting the request.
Translate documents when required. If a record cannot be obtained, explain why and provide alternative evidence where possible. Keep a complete copy of the submitted forms and documents.
How IMM 5280 and IMM 5283 work together
IMM 5283 is not a stand-alone personal statement, and ticking every box on IMM 5280 does not show you are eligible. Each point you make in IMM 5283 should lead to a record listed on IMM 5280, and your answers, documents and immigration history must match each other.
How do you apply online and pay the fees?
Online filing is now the main way to submit an H&C application. You complete the online forms, upload IMM 5280 and IMM 5283 as PDFs, and provide the other documents requested by IRCC.
- Download the current forms and instructions from IRCC.
- Complete IMM 0008, IMM 5669 and IMM 5406 online.
- Complete IMM 5280 and IMM 5283, then upload them in the required format.
- Include IMM 5476 if you appoint a representative.
- Review the document checklist, translations and consistency of all information.
- Pay the fees. In most cases they include processing fees for everyone in the application, the Right of Permanent Residence Fee, biometrics and third-party fees.
IRCC’s H&C guide explains the fees. Check the current amounts there on the day you pay, because fees change. If you cannot apply online, for example because of a disability, you can ask for a paper, braille or large-print format.
What are the limits of an H&C application?
An H&C application is a request, not an entitlement. It gives no automatic right to remain and does not replace other remedies. Only one H&C application can be under consideration at a time, and the refugee-related bars still apply.
Do not treat an H&C application as a refugee claim, an appeal or a response to every enforcement issue. If your circumstances include a removal order, a pending refugee matter, inadmissibility, a previous refusal or complex family facts, obtain case-specific advice before submitting forms. If you fear risk on return and face removal, read about pre-removal risk assessments, which are a separate process.
Frequently asked questions
What is IMM 5280 used for?
IMM 5280 is the document checklist for an H&C application. It helps identify the forms and supporting records to include. It does not explain your personal circumstances or replace IMM 5283. Download the current checklist from IRCC, review every requested item, and explain any missing document rather than relying on an old copy from a form-filling website.
Who completes IMM 5283?
The principal applicant completes IMM 5283. An included family member completes a separate form only when that person has different H&C grounds. Question 10 asks for specific information and documents about any child who would be affected. Each answer should connect the relevant circumstances to clear, readable supporting evidence.
Can I apply on humanitarian grounds while my refugee claim is pending?
No. An H&C application cannot be made while a refugee claim is pending at the Refugee Protection Division or Refugee Appeal Division. A 12-month bar follows a negative refugee decision. The exceptions are a risk to life because the home country cannot provide adequate medical care, or an adverse effect on the best interests of a child directly affected.
Can I have more than one humanitarian application at a time?
No. IRCC says a person may have only one H&C application under consideration at any time, and its intake instructions say a new one is not examined while another is pending, with no exceptions. Before filing, check for any earlier application that is still open, and review past decisions so a new request addresses what was missing.
Does filing on humanitarian grounds let me stay or work in Canada?
No. Filing an H&C application does not automatically create immigration status or work authorization. Do not rely on it to stop a removal. Review your current status, work authorization and enforcement circumstances separately, especially if you have a removal order or another urgent immigration issue.
Before you file, gather your chronology and records, then book a review through North Vista Immigration’s H&C applications page. North Vista is a regulated immigration consultant in Mississauga and can tell you whether H&C fits your situation, without promising an outcome.