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New IRCC Guidance: PR Applications That Attach an H&C Request to a Public-Policy Stream Will Be Refused

What the rule says: an H&C request cannot rescue an unmet public-policy condition

On July 22, 2026, IRCC published on its website an operational instruction titled "Humanitarian and compassionate (H&C) considerations: In-Canada permanent residence (PR) granting public policies where H&C requests were also made," setting out for frontline officers how to handle these cases.

At its core, the guidance holds that the conditions established by a temporary public policy are set separately by the immigration minister under their own authority and are not requirements of the Immigration and Refugee Protection Act (IRPA) itself; officers therefore have "no authority to grant an exemption from a condition the minister sets in a public policy." Any PR application made under a temporary public policy must satisfy the officer that the applicant meets every condition the policy lays out.

The immediate consequence is direct: if an applicant invokes humanitarian and compassionate grounds to seek a waiver of one or more public-policy conditions they have failed to meet, the officer is to refuse the public-policy application and, in doing so, specify which requirement was not satisfied. Because officers have no power to grant such a waiver in the first place, refusal is in effect an unavoidable outcome for these applications.

The guidance stresses that the decision being made is on the public-policy application, so "the applicant is not entitled to a separate, additional decision on whether PR should be granted on H&C grounds." In other words, an H&C request bolted onto a public-policy application will not be assessed on its own. Officers must tell applicants that, to have their humanitarian circumstances considered, they must submit a fresh PR application on H&C grounds and pay the applicable fee -- meaning a refused applicant has to start the whole process over from the beginning.

The legal basis: subsection 25(1) versus section 25.2

Understanding the rule hinges on distinguishing two different legal authorities. Individual H&C relief rests on IRPA subsection 25(1) (A25(1)): a foreign national inside Canada who is inadmissible or does not meet the requirements of "the Act" may ask the minister, in writing, to be exempted on humanitarian and compassionate grounds from "any applicable criteria or obligations of the Act," with the best interests of any child directly affected taken into account; in weighing such a request, officers consider a range of factors, including the hardship the applicant might face.

Temporary public policies, by contrast, rest on a separate authority -- IRPA section 25.2 -- under which the minister can create time-limited policies granting specific exceptions to the normal rules for a group of people who meet defined conditions. Precisely because a public policy's eligibility conditions flow from section 25.2 rather than from the standards of "the Act," the H&C discretion in subsection 25(1) cannot reach those conditions. The Federal Court has confirmed as much -- in cases such as Bello v. Canada, 2023 FC 1094 -- finding that an officer assessing a section 25.2 public-policy application is not conducting a full H&C review. The new guidance simply writes this long-standing legal boundary into operational procedure.

Several immigration firms read the guidance as closing off what some applicants had treated as a "back door": attaching an H&C request to a public-policy PR application in the hope that, if a condition went unmet, the request would still carry the application to approval. The guidance makes clear that route does not work and that applicants must instead file a separate, standalone H&C application. The broad view across the sector is that the instruction creates no new restriction but rather operationalizes an existing legal position.

Who is affected: in-Canada applicants who rely on temporary public policies

Temporary public policies are a distinctive tool in Canada's immigration system: issued by the minister under their own authority and carrying firm expiry dates, they provide exceptions to the normal rules for cases that meet specified conditions. In recent years, several in-Canada PR pathways have been launched in exactly this form, and their applicants are therefore directly affected by the new guidance.

Temporary public policyPrimary target groupKey dates
Hong Kong residents PR pathway (Stream A/B)Applicants in Canada holding an HKSAR or BN(O) passportEffective June 1, 2021; expires August 31, 2026
Out-of-status/unauthorized home care worker temporary public policyOut-of-status caregivers who have already applied under home care worker Stream AEffective March 31, 2025; runs for five years
GTA out-of-status construction workers pathway (ended)Out-of-status construction workers in the Greater Toronto AreaLaunched in 2020; ended December 31, 2024; about 1,365 approved

Of these, the Hong Kong residents PR pathway expires on August 31, 2026, and some applicants close to that deadline -- or who fall a little short on conditions such as language (CLB 5) -- might previously have hoped to make up the gap on H&C grounds; out-of-status or unauthorized home care workers could face a similar bind on language or work-experience thresholds. In addition, a national construction-worker PR pathway that Canada announced in 2025 but has yet to launch, together with the 2026 In-Canada Workers Initiative -- which expressly excludes construction and out-of-status workers -- leaves some out-of-status construction workers with little option other than a standalone H&C application. For these groups, the guidance means that once a public-policy application is refused for an unmet condition, they face reapplying, paying again and a long wait.

Context: shrinking H&C quotas and a rising backlog

The timing of the guidance is worth noting. Canada is sharply compressing the space for humanitarian PR: in the latest Immigration Levels Plan, the "H&C and Other" PR target falls from 13,750 in 2024 to 10,000 in 2025, 6,900 in 2026 and further to 4,300 in 2027 -- a reduction of roughly two-thirds over three years (see the accompanying chart).

At the same time, the backlog of in-Canada H&C applications is climbing. According to IRCC data submitted to a parliamentary committee, the in-Canada H&C inventory rose from about 45,000 people in November 2024 to 65,700 by the end of August 2025; yet only about 1,200 people were actually admitted under the in-Canada H&C category in the earlier part of 2025. Processing times are just as long: about 20 months outside Quebec, and as much as roughly 49 months within Quebec. Some law firms also note that the H&C approval rate is sliding, from about 60 percent to roughly 56 percent. Against this backdrop of tighter quotas, a high backlog and falling approvals, the confirmation that an H&C request cannot backstop a public-policy condition further narrows the room these applicants have to maneuver.

For foreign nationals planning to apply for in-Canada PR under a temporary public policy, the common advice from the immigration sector is to check off and satisfy every condition the policy sets, item by item; and where there is a genuine need to advance humanitarian grounds, to weigh carefully whether to file a standalone H&C PR application from the outset, rather than counting on an H&C request "stacked" onto a public-policy application as a fallback.

Friendly reminder: There are many pathways to immigrate to Canada. We recommend first using UNA AI to generate an objective and neutral immigration plan, so you can gain an initial understanding of the possible immigration pathways and their requirements, and then choose to proceed with one-on-one consultations with a licensed Canadian immigration consultant partnered with UNA.
加拿大2026年1至7月永久居民获批人数同比下降9.7%,各国籍增减分化明显
Canada's Permanent Resident Grants Fall 9.7% in First Seven Months of 2026 as Citizenship Mix Shifts
Canada granted permanent resident status to 222,625 people between January and July 2026, according to country-of-citizenship data from Immigration, Refugees and Citizenship Canada (IRCC). That is 23,955 fewer than the 246,580 recorded over the same months of 2025, a year-over-year drop of 9.7%, although the pace of decline has eased since the first half of the year. Beneath the national contraction, outcomes diverged sharply by citizenship. PRs granted to Indian citizens fell by 15,405, a figure equal to 64.3% of the entire national reduction, even as India remained by far the largest country of citizenship. Turkish-citizen PRs jumped 185.2%, and Iran, Nigeria, Sudan, Syria, Uganda and Mexico also recorded strong gains, while France, Eritrea and several North African countries saw steep declines. The Philippines and Pakistan lost a little volume but gained share. The figures describe outcomes only; they are not country quotas and do not change any applicant's eligibility.
10/13/2026
纽芬兰与拉布拉多省10月9日发出131份邀请函,单轮规模为8月下旬以来最大
Newfoundland and Labrador Issues 131 Invitations on October 9, Its Largest Round Since Late August
Newfoundland and Labrador issued 131 Invitations to Apply (ITAs) from its Expression of Interest (EOI) pool on October 9, 2026, with 130 going to candidates under the Newfoundland and Labrador Provincial Nominee Program (NLPNP) and one through the Atlantic Immigration Program (AIP). The round, the province's first in two weeks and its first of October, was its largest since August 26 (140), more than triple the September 25 round (41) and bigger than all four September rounds. AIP selections remain minimal, with three of the five rounds held since the start of September including none at all. The province has now issued 2,826 ITAs across 17 rounds in 2026 — 2,430 under the NLPNP and 396 through the AIP — against a combined 2026 nomination allocation of 2,854 spaces, including an NLPNP allocation raised this year to 2,379 and an unchanged AIP allocation of 475. Candidates nominated through the NLPNP Express Entry Skilled Worker category receive an extra 600 Comprehensive Ranking System (CRS) points.
10/12/2026
加拿大低工资LMIA冻结范围再调整:哈利法克斯等六地新增受限,受影响都会区增至30个
Low-wage LMIA freeze expands to 30 regions as Halifax, Regina and four other CMAs are added
The federal government updated its list of regions where low-wage Labour Market Impact Assessment (LMIA) applications will not be processed on Oct. 9, 2026, adding six census metropolitan areas (CMAs) - Halifax, Fredericton, Kingston, St. Catharines-Niagara, Regina and Lethbridge - after their unemployment rates reached or exceeded 6%, while removing Kamloops and Chilliwack and keeping the 24 previously affected regions in place, which brings the total to 30, up from 26 last quarter. From Oct. 9, 2026 to Jan. 7, 2027, employers in these areas cannot hire new foreign workers, or renew work permits for existing ones, in non-exempt positions paying less than 120% of the provincial or territorial median hourly wage, although agriculture, construction, food manufacturing, hospitals and nursing care facilities are not affected. The measure, in force since Sept. 26, 2024, is one of a series of steps Ottawa has taken to tighten the Temporary Foreign Worker Program (TFWP), and Immigration, Refugees and Citizenship Canada (IRCC) separately extended its concurrent processing window from 60 to 90 days on Aug. 21, 2026, giving foreign workers in Canada with expiring permits more breathing room.
10/10/2026
联邦拨款2,000万加元扩容安省PRO项目,最多200名国际受训家庭医生将提速取得执照
Ottawa Commits $20 Million to Expand Practice Ready Ontario, Fast-Tracking Up to 200 Internationally Trained Family Physicians
On October 7, 2026, the federal government announced $20 million to expand Practice Ready Ontario (PRO), adding 50 positions a year for four years so that up to 200 internationally trained family physicians can be ready to practise in Ontario by 2028–29, including through a dedicated stream for French-speaking physicians and with a focus on underserved northern, rural and Francophone communities. PRO replaces the traditional two-year residency with a 12-week clinical field assessment, allowing experienced doctors to become licensed in under a year rather than the three to five years typical of other routes. Participants sign a three-year return of service agreement and practise under supervision, earning full independent licensure only after completing that commitment and passing the College of Family Physicians of Canada (CFPC) certification exam. The funding is the latest step in a coordinated federal-provincial push on health workforce shortages: Ottawa has already invited 891 physicians to apply for permanent residence in 2026 through a dedicated Express Entry category, and Ontario now lets doctors and nurses licensed elsewhere in Canada start work within days.
10/09/2026
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IRCC Updates Job Offer Genuineness Guidance: Home-Based Businesses Can Support Employer-Specific Work Permits
Immigration, Refugees and Citizenship Canada (IRCC) revised its officer instructions on assessing the genuineness of job offers for employer-specific work permits on September 17, 2026, confirming that home-based businesses can make genuine offers to foreign workers and that a residential address is not, on its own, a reason for doubt. The revised guidance no longer says employers must have a physical location in Canada where the foreign worker will work, and it notes that a business address may differ from where employees actually work. Officers are told to consider all relevant evidence rather than treat any single factor as decisive. At the same time, the instructions state that a company with no employees, existing in name only and set up to facilitate the entry of foreign nationals, is not an operating business. The update also adds a procedural fairness step: an officer with concerns about an offer should send a letter explaining them, and the employer is given 15 days to submit evidence directly to IRCC. Employers must still show that they genuinely conduct business, need the worker they want to hire and can meet the wages and other terms they have offered.
10/08/2026
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Ontario Raises Earnings Points Ceiling, Awarding 10 Points to Candidates Earning $80,000 or More
The Ontario Immigrant Nominee Program (OINP) announced on Oct. 7, 2026, that it has added a new top bracket to the scoring grid of the Ontario Workforce Priority Stream (OWPS), awarding 10 points under the "Canadian work experience: earnings history" factor to candidates with annual earnings of $80,000 or more, two points above the previous maximum of 8 points for earnings of $70,000 or more. The change took effect on Oct. 5 and has been applied automatically to affected profiles. Earnings are based on a Notice of Assessment issued by the Canada Revenue Agency (CRA) within the past five years, and higher-scoring candidates stand a better chance of being invited to apply for provincial nomination. Launched on June 26 and opened for intake on Aug. 4, the OWPS is currently Ontario's only provincial nomination route to permanent residence for foreign nationals, while a second phase of the overhaul, adding Priority Healthcare, Entrepreneur and Exceptional Talent streams, still has no launch date.
10/08/2026
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B.C. issues 33 invitations in second rural health support draw as cutoff climbs to 60
On Sept 17, 2026, the British Columbia (B.C.) Provincial Nominee Program (BCPNP) held the second draw under its Temporary Rural/Remote Health Support Initiative (TRHSI), issuing 33 invitations to apply for provincial nomination to cleaning and security staff employed by a public health authority in a rural or remote part of the province, with a minimum score of 60 — 10 points above the 50-point cutoff used in the first draw on July 23, 2026 — while the number of invitations fell from 60 to 33, bringing the two-draw total to 93 invitations to apply (ITAs), or roughly 37% of the initiative's cap of 250 nominations. TRHSI is a one-time, time-limited permanent residence (PR) pathway launched when B.C. restructured its nominee program on April 23, 2026; registration opened June 15, 2026, and eligibility is confined to three National Occupational Classification (NOC) codes — 65312, 65310 and 64410 — with applicants required to have completed nine months of continuous full-time work with the same employer, in the same eligible region and in the same occupation. The registration window was originally set to close at midnight on Aug 31 but was extended to 11:59 p.m. on Oct 7, 2026 because of wildfire-related impacts. The wider context is that B.C.'s 2026 nomination allocation rose to 6,254 after the federal government added 1,000 spaces in August, with at least 35% of nominations required to go to candidates outside Metro Vancouver; and that since June 9, 2026, base Provincial Nominee Program (PNP) nominees applying for PR no longer need to wait for an Acknowledgement of Receipt (AOR) before applying for a Bridging Open Work Permit (BOWP) — a federal temporary measure running to Dec 31, 2026 that matters especially to TRHSI applicants, who have no Express Entry-aligned option.
09/20/2026
加拿大快速通道连续两日抽签:CEC分数线回落至519分,高管类别门槛创设立以来新低
Canada holds back-to-back Express Entry draws: CEC cut-off eases to 519, while the senior managers category sets a record low
Immigration, Refugees and Citizenship Canada (IRCC) held Express Entry draws on two consecutive days, September 15 and 16, 2026, issuing invitations to apply (ITAs) to two very different groups of candidates. Round #443, conducted on September 15 at 10:21:41 UTC, issued 2,000 invitations under the Canadian Experience Class (CEC) with a minimum Comprehensive Ranking System (CRS) score of 519 and a tie-breaking rule of March 26, 2026 at 00:16:39 UTC; round #444, held the following day at 12:44:28 UTC, issued 250 invitations under the category for senior managers with Canadian work experience at a minimum CRS score of just 389, with a tie-breaking rule of September 1, 2026 at 23:05:13 UTC. Both rounds were authorized by ministerial instructions signed in Ottawa by Immigration Minister Lena Metlege Diab under the Immigration and Refugee Protection Act (IRPA). The senior managers category, created in February 2026, has now run three draws, with the cut-off falling from 429 in its first round to 392 and then 389 -- a cumulative drop of 40 points and the lowest threshold in the category's short history. Over the same period, the CEC cut-off has declined for a third consecutive round after peaking at a 2026 high of 523 on August 18. Through round #444, IRCC has held 56 draws and issued 128,982 invitations in 2026, an annual record since Express Entry was launched.
09/18/2026
加拿大快速通道第442轮省提名抽签发出576份邀请,分数线回升至734分
Express Entry round #442 issues 576 PNP invitations as the cut-off climbs back to 734
Immigration, Refugees and Citizenship Canada (IRCC) held the 442nd Express Entry round on September 14, 2026, issuing 576 invitations to apply (ITAs) for permanent residence to candidates in the Provincial Nominee Program (PNP) category with a minimum Comprehensive Ranking System (CRS) score of 734, up 37 points from the 697 recorded on August 31, the lowest PNP cut-off of the year, while the size of the round edged past the 562 invitations issued two weeks earlier to make it the second-largest PNP round since June 22. The ministerial instruction behind the round was signed in Ottawa by Immigration Minister Lena Metlege Diab, and the tie-breaking rule was set at 21:39:50 UTC on August 29, 2026, barely two weeks before the draw itself, a sign that a substantial share of the candidates sitting exactly at 734 were recently nominated applicants who had only just entered the pool. With this round, IRCC has held 54 Express Entry draws in 2026 and issued 126,732 invitations in total, including 18 PNP rounds accounting for 8,537 invitations, 22.8 percent more than the 6,947 issued over the same period in 2025 and consistent with Ottawa's decision to restore the 2026 provincial nominee admissions target to 91,500. A pool snapshot published the day before the draw showed 226,793 candidates in the pool, of whom roughly 574 scored 601 or higher, almost exactly matching the 576 invitations issued, which means IRCC once again cleared out nearly the entire top tier of nominated candidates in a single round. Analysts expect the remaining PNP rounds this year to keep to a roughly biweekly rhythm of a little over 400 invitations each, with the cut-off driven largely by how quickly the provinces feed new nominations into the federal pool.
09/15/2026
纽芬兰与拉布拉多省9月10日仅发出36份省提名邀请,创年内单轮最低
Newfoundland and Labrador issues just 36 provincial nomination invitations on September 10, the smallest round of the year
On September 10, 2026, the Newfoundland and Labrador Office of Immigration and Multiculturalism (OIM) invited 36 candidates to apply for a provincial nomination through the Newfoundland and Labrador Provincial Nominee Program (NLPNP) — the province's 14th draw of the year, its smallest round of 2026, and the third round since the Expression of Interest (EOI) model launched in February 2025 in which no Atlantic Immigration Program (AIP) candidate received an invitation, the second such round in a row. The province has now issued 2,592 invitations in 2026, comprising 2,198 through the NLPNP and 394 through the AIP; by comparison, Newfoundland and Labrador issued 3,376 invitations across 13 rounds in all of 2025, meaning that this year's total is 784 lower despite one additional draw, with round sizes contracting steadily since mid-August. The province has still not published its 2026 nomination allocation, and industry media have suggested that the recent pattern of small, frequent draws may reflect a limited pool of remaining spaces, though the province has offered no explanation. For those invited, a federal temporary measure in effect since June 9 allows provincial nominees applying for permanent residence (PR) from inside Canada to apply for a Bridging Open Work Permit (BOWP) before receiving an Acknowledgement of Receipt (AOR), helping them avoid a gap in status during a base provincial nominee processing cycle that currently runs about 13 months.
09/14/2026
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