For people who do not fit within any of the programs for immigration to Canada, but find themselves in exceptional circumstances, there is the option of making a request on Humanitarian and Compassionate grounds. An immigration officer may find there are special circumstances that merit a person remain in Canada as a Permanent Resident.

A person is not eligible to make a Humanitarian and Compassionate Application if they have a refugee claim pending before the Refugee Protection Division or less than 12 months have passed since an application for refugee protection was rejected, abandoned or withdrawn after the hearing started. There are exceptions if the application is based on the inability of the country of origin to provide adequate medical care or the best interests of a child are affected.