People who want to live in Canada as permanent residents must normally apply for and receive a permanent resident visa prior to their arrival. However, applicants that are already in Canada and facing exceptional circumstances may qualify for an exemption on humanitarian and compassionate grounds. In this case, applicants must prove that these circumstances are indeed exceptional, unusual, excessive, or undeserved. Moreover, they must prove that these circumstances are beyond their control.

Applicants who are the spouse or common-law partner of a Canadian citizen or permanent resident and do not have legal status in Canada should apply under this category.