H&C Processing Time in 2026: IRCC Publishes More Than 10 Years

What changed for H&C requests on July 22, 2026?

IRCC published new instructions covering H&C requests made inside applications under in-Canada permanent residence public policies, and the effect is that those requests do not get their own decision. The Minister can create temporary public policies under section 25.2 of the Immigration and Refugee Protection Act (IRPA) to grant permanent residence to people in similar circumstances. If you apply under one of those and also ask for H&C consideration, IRCC's position is that while a decision is being made on the public policy application, applicants are not entitled to an additional, distinct decision on whether to grant permanent residence on H&C grounds. Officers must acknowledge the request in the refusal letter, refuse the public policy application while identifying the requirement you failed, and tell you that to have H&C assessed you must re-apply on H&C grounds and pay the applicable fees again.

Why that matters in practice

It removes a fallback many applicants assumed they had. Asking for H&C "in the alternative" inside a public policy application does not preserve an H&C decision. It produces a refusal plus an invitation to start over, at your own cost, and any new H&C application then joins the queue described above.

Who cannot apply for H&C?

Several groups are barred, and in the clearest cases IRCC's instructions say the application should not be examined at all. If you already have a pending H&C application, a second one should not be examined, with the instructions noting there are no exceptions and the fee and application returned. If you are found inadmissible under sections A34, A35 or A37 of IRPA, covering security, human or international rights violations, and organized criminality, an exemption may not be requested and the application should not be examined, again with no exceptions. Where such inadmissibility is suspected but not determined, the file goes to the Centre of Expertise in Security Cases and the fees are kept. A separate 12-month bar applies to people who have made a refugee claim, subject to two exceptions.

What does an H&C application cost, and is the fee refundable?

Fees must be paid up front and you do not get them back if you are refused. IRCC's instructions are explicit that for in-Canada requests under subsection A25(1), fees must be collected before the application can be examined, under subsection A25(1.1) and section R307 of the Regulations. For applicants overseas, the processing fee for the permanent resident visa must be paid before the application may be considered, and the fee cannot be refunded even if the application is refused. The one carve-out in the instructions is that there are no processing fees where someone applies in the refugee classes overseas and requests H&C consideration. Given the published timeline, treat the fee as spent at the moment you file.

Can you stay in Canada while waiting for an H&C decision?

An H&C application does not by itself give you status in Canada. It is a request for an exemption so that a permanent residence application can be considered, not a temporary status document and not a stay of removal. IRCC's processing instructions deal separately with post-removal assessment and with how H&C applications relate to a pre-removal risk assessment (PRRA), which are different mechanisms with their own rules. If you are out of status or facing removal, the interaction between H&C, PRRA and removal is the part to get professional advice on, because filing an H&C application is not a substitute for maintaining status.

Frequently asked questions

What is Stage 1 approval for H&C?

Stage 1, or approval in principle, is IRCC's decision on the humanitarian and compassionate exemptions you asked for. It is not a grant of permanent residence. Stage 2 is the separate, final decision on the permanent residence application.

Who is not eligible for H&C?

People with a pending H&C application, people found inadmissible under sections A34, A35 or A37 of IRPA, and people inside the 12-month bar following a refugee claim, unless the medical-risk or best-interests-of-a-child exception applies.

Can I stay in Canada while waiting for H&C?

An H&C application does not grant status or halt removal on its own. Maintaining your own status, or addressing removal through the appropriate mechanism, is a separate matter from the H&C application.

What is the new IRCC update for H&C in 2026?

On July 22, 2026, IRCC published instructions confirming that where H&C is requested inside an in-Canada permanent residence public policy application, no separate H&C decision is issued. The public policy application is refused and the applicant is told to re-apply on H&C grounds and pay the fees again.

Is the H&C processing time really more than 10 years?

That is the figure IRCC published as of July 7, 2026, for both Quebec and the rest of Canada. It is the top of IRCC's published scale rather than a precise estimate, and five other backlogged categories carry the same value.

Can I file a second H&C application while one is pending?

No. IRCC's instructions state a second application should not be examined where one is already pending, with no exceptions, and the fee and application are returned.

Sources

• Humanitarian and compassionate consideration (program delivery instructions, updated July 22, 2026)
• H&C: In-Canada PR granting public policies where H&C requests were also made (published July 22, 2026)
• H&C: Applications in Canada, Stage 1 and Stage 2
• H&C: Intake and who may apply
• Check current IRCC processing times (figures updated July 7, 2026)

This is general information, not legal advice. For advice specific to your situation, book a consultation with a Regulated Canadian Immigration Consultant (RCIC) at gofarglobal.com.