Canada Tightens Humanitarian Exemption Rules for PR

Canada has instructed immigration officers to refuse certain permanent residence applications when applicants seek humanitarian exemptions from conditions established by temporary public policies.

Immigration, Refugees and Citizenship Canada published the updated instructions on July 22, 2026. The guidance says officers do not have the legal authority to waive requirements written into a temporary public policy on humanitarian and compassionate grounds.

The change affects people applying for permanent residence from inside Canada through special, time-limited immigration measures.

Humanitarian Powers Have Legal Limits

Under subsection 25(1) of the Immigration and Refugee Protection Act, commonly known as A25(1), immigration officers can consider humanitarian and compassionate requests in many permanent residence cases.

These requests may involve exceptional personal circumstances, family hardship or the best interests of a child.

However, the department says A25(1) only allows officers to grant exemptions from requirements found within the Immigration and Refugee Protection Act.

It does not give officers the authority to waive eligibility conditions created separately under temporary public policies.

IRCC’s general guidance describes humanitarian consideration as an exceptional measure for people seeking permanent residence or exemptions from requirements of the Act.

Every Public Policy Condition Must Be Met

An applicant using a temporary public policy must satisfy an immigration officer that they meet every requirement listed in that policy.

For example, a policy may restrict eligibility according to a person’s status, employment, location, family relationship or application date.

When an applicant fails to meet one of those conditions, they cannot use a humanitarian request to overcome the missing requirement.

The new instructions direct officers to refuse the permanent residence application in those circumstances.

Temporary public policies are special measures introduced under the immigration minister’s authority. They generally provide temporary exceptions or pathways for people who meet clearly defined conditions. Canada maintains a public list of these policies, including active and archived measures.

No Separate Decision Within Same Application

IRCC also clarified that applicants refused under a temporary public policy are not entitled to a second, separate decision on whether permanent residence should be granted for humanitarian reasons.

The department said this is because the officer is making a decision on the public policy application itself.

As a result, an applicant cannot expect the same application to be reassessed automatically as an independent humanitarian and compassionate case.

Applicants May Submit a New Application

A refusal under a temporary public policy does not necessarily prevent someone from seeking permanent residence through humanitarian and compassionate grounds.

However, the person would need to prepare and submit a separate application specifically under the H&C process.

In applications where humanitarian consideration is legally available, officers may examine whether the applicant or their dependent children would experience serious hardship.

Each request is considered individually. Applicants must clearly identify the exemptions they are requesting and provide evidence supporting the humanitarian circumstances involved.