H&C Processing Time in 2026: IRCC Publishes More Than 10 Years
As of July 31, 2026. Processing times updated to IRCC's September 3, 2026 figures. Immigration, Refugees and Citizenship Canada (IRCC) publishes a processing time of more than 10 years for humanitarian and compassionate applications, which is the top of its published scale and far beyond the 18 to 24 months quoted on many law firm and agency pages.
For people who have filed a humanitarian and compassionate application or are considering one. This covers the published timeline, what the two stages actually are, the July 22, 2026 change to H&C requests made inside public policy applications, and the bars that stop an application being examined at all.
How long does a humanitarian and compassionate application take in 2026?
More than 10 years, according to IRCC's own figures. IRCC's processing-times data, last updated September 3, 2026, lists humanitarian and compassionate permanent residence at more than 10 years both inside Quebec and in the rest of Canada. That is not a typo and it is not our estimate. It is the figure IRCC publishes. Several widely circulated pages, including one currently ranking on the first page of Google for this question, state 18 to 24 months. That figure does not match what IRCC publishes today. If you are planning around an H&C application, plan against the published number, and check the live tool before relying on any figure, including this one.
| Permanent residence stream | IRCC processing time, September 3, 2026 |
|---|
| Humanitarian and compassionate, outside Quebec | More than 10 years |
| Humanitarian and compassionate, Quebec | More than 10 years |
| Canadian Experience Class | About 6 months |
| Federal Skilled Worker | About 7 months |
| Provincial Nominee Program, base | About 13 months |
| Spouse or partner outland, outside Quebec | About 18 months |
| Spouse or partner inland, outside Quebec | About 26 months |
| Parents and grandparents, outside Quebec | About 28 months |
| Caregivers | About 77 months |
Why does IRCC publish "more than 10 years" instead of a number?
Because it is the ceiling of the published scale, not a precise estimate. Six of the 28 permanent residence categories in IRCC's data carry the identical "more than 10 years" value: humanitarian and compassionate inside and outside Quebec, self-employed persons, the start-up visa, dependants abroad in Quebec, and protected persons in Canada in Quebec. When a queue runs past the top of the range, every category in that position reports the same ceiling. So the honest reading is not "exactly ten years." It is that IRCC will not commit to a figure inside its published range, and that H&C now sits with the most heavily backlogged streams it administers rather than anywhere near mainstream economic processing.
What are Stage 1 and Stage 2 in an H&C application?
Two separate decisions, and people routinely mistake the first for approval. IRCC's instructions state that once an applicant is found eligible to have an application assessed, the H&C application is processed in two stages. Stage 1, also called approval in principle, is the H&C assessment of the exemptions you requested. Stage 2 is the final decision on the permanent residence application itself. A positive Stage 1 assessment is a decision on your H&C grounds, not a grant of permanent residence, and IRCC's instructions contemplate interim documentation at that point and address what happens if the applicant has left Canada. A positive Stage 1 can also be revisited: the instructions direct decision-makers to act where it appears an applicant used fraud or misrepresentation to obtain one.
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.
| Situation | Effect on the H&C application |
|---|
| Pending H&C application already on file | Not examined, no exceptions, fee and application returned |
| Found inadmissible under A34, A35 or A37 | Not examined, no exceptions |
| Suspected A34, A35 or A37 inadmissibility | Referred to the Centre of Expertise in Security Cases, fees kept |
| Refugee claim made, inside the 12-month bar | Barred, subject to the exceptions below |
| Medical condition posing a risk to life | Exception to the 12-month bar |
| Best interests of a child (BIOC) | Exception to the 12-month bar |
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 September 3, 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
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.
Disclaimer
This article is for informational purposes only and does not constitute immigration or legal advice. Immigration laws and policies change frequently. Each case is unique and outcomes depend on individual circumstances. Consult a Regulated Canadian Immigration Consultant (RCIC) before making immigration decisions.
