IRCC Updates H&C Intake Instructions After Bill C-12

IRCC updated its H&C intake instructions to reflect changes to A25 after Bill C-12 came into force on November 3, 2026. The revised program delivery instructions guide officers on intake and which foreign nationals’ humanitarian and compassionate considerations may be assessed.

Update reflects changes to A25

The update applies to IRCC’s program delivery instructions titled “Humanitarian and compassionate (H&C) considerations: Intake and foreign nationals whose H&C can be assessed.”

IRCC says the instructions were updated to reflect changes to A25 following the coming into force of Bill C-12. The announcement identifies the reason for the update but does not list individual changes made to the instruction.

The guidance is for IRCC staff and concerns foreign nationals seeking humanitarian and compassionate considerations under subsection A25(1).

Current intake pathways for H&C considerations

Under the current guidance, foreign nationals who are inadmissible or do not meet requirements of the Immigration and Refugee Protection Act or Immigration and Refugee Protection Regulations may make a written request for H&C consideration under subsection A25(1), subject to restrictions on examination.

In Canada, a foreign national may submit a stand-alone H&C permanent residence application or request an H&C exemption as part of a permanent residence application in a family, economic or refugee class. The permanent residence application must meet the requirements specified in R10.

Outside Canada, there is no stand-alone H&C application using IMM 0008 and IMM 5283. H&C requests made from abroad must be submitted in writing in the context of an application for a permanent resident visa, using the departmental forms for one of the three immigration classes.

• In Canada: Processing fees for permanent residence applications under subsection A25(1) must be collected before the application or request can be examined.
• Outside Canada: Fees for the permanent resident visa application must be paid before an H&C request may be considered. The guidance says these fees cannot be refunded if the application is refused.
• Where no permanent residence or visa processing fee applies, such as for a refugee application, a fee for the H&C assessment is required when H&C consideration is requested.

Restrictions remain relevant at intake

The current instructions set out restrictions on examining H&C applications and requests, including restrictions related to certain inadmissibilities, outstanding H&C applications or requests, and some invitations to apply under Ministerial Instructions.

The guidance also states that people with a refugee claim pending before the Refugee Protection Division or Refugee Appeal Division may be barred from accessing H&C considerations. A person whose refugee claim was determined ineligible for referral to the Refugee Protection Division and who has a pending pre-removal risk assessment application may also be barred.

A 12-month bar can apply after negative refugee-protection decisions. The calculation depends on the procedural history of the claim, including decisions by the Refugee Protection Division, Refugee Appeal Division and Federal Court.

• Medical exception: An exception may be requested where removal would create a real, imminent and foreseeable risk to life because adequate medical or health care is unavailable in the person’s country of origin.
• Best interests of the child exception: An exception may be requested where removal would adversely affect the best interests of a directly affected child who is under 18 years old.
• Application-wide effect: If one person on an application is subject to the bar, the application as a whole is barred unless an exception is requested.

What the updated guidance means for files

Applicants and representatives using H&C considerations should consult the updated instructions for current intake and assessment guidance following the A25 changes. The applicable pathway can differ depending on whether the request is made from inside or outside Canada and whether it is made with a permanent residence application in a particular immigration class.

The instructions also show that restrictions and possible exceptions can affect whether an H&C application or request is examined. The update does not change the need to provide a written request and supporting information where H&C consideration is sought.

Source: IRCC Program Delivery Updates