Canada directs officers to deny humanitarian exemptions for permanent residence applicants under…
Canada's immigration department has published new instructions for officers handling permanent residence applications under temporary public policies, stating that requests for humanitarian exemptions will result in application refusals. The instructions, published on July 22, 2026, clarify that immigration officers do not have the authority to exempt applicants from conditions set out in temporary public policies.
This change matters because it affects the way officers consider humanitarian and compassionate grounds for applicants under temporary public policies. Normally, when a foreign national applies for permanent residence from within Canada, the officer is required to consider requests for exemptions under humanitarian and compassionate grounds. However, the new instructions specify that this direction does not apply to exemptions from requirements set out in temporary public policies. This means that applicants who request humanitarian exemptions to overcome unmet requirements established by a temporary public policy will have their applications refused.
The specific mechanics of this change involve the consideration of humanitarian and compassionate grounds under subsection A25(1) of the Immigration and Refugee Protection Act. This subsection applies specifically to exemptions from requirements within the Act, but does not authorize immigration officers to consider humanitarian and compassionate exemptions from requirements set out in temporary public policies. As a result, an application for permanent residence under a temporary public policy must satisfy the officer that the applicant meets all the requirements set out in the temporary public policy. If an applicant requests a humanitarian exemption to overcome one or more unmet requirements, the officer must refuse the application.
According to the newly published instructions, "applicants are not entitled to an additional, distinct decision on whether to grant them permanent residence on H&C grounds," because the "decision is being made on the public policy application." This means that a foreign national refused under such circumstances would need to submit an entirely new application for permanent residence under humanitarian and compassionate grounds.
This change affects applicants for Canadian permanent residence under temporary public policies who request humanitarian exemptions. Specifically, it affects foreign nationals who are applying for permanent residence from within Canada and are relying on humanitarian and compassionate grounds to overcome unmet requirements established by a temporary public policy. Countries are not specifically mentioned in the instructions, but the change applies to all applicants under temporary public policies, regardless of their country of origin.
For applicants who are affected by this change, the practical next step is to review the requirements of the temporary public policy under which they are applying and ensure that they meet all the necessary conditions. If an applicant is unable to meet the requirements, they may need to consider submitting a new application for permanent residence under humanitarian and compassionate grounds. It is essential for applicants to carefully review the instructions and requirements for their specific application to avoid refusals and ensure the best possible outcome. For more information, applicants can visit the official Canada immigration website to review the latest instructions and guidelines for immigration officers.
Original reporting: CIC News