Since the Russian invasion of Ukraine in 2022, millions of Ukrainians have been displaced, with many seeking refuge in Canada. Initially, Canada introduced the Canada-Ukraine Authorization for Emergency Travel (“CUAET”), a temporary visa program offering expedited entry and work or study permits for Ukrainians and their family members. While this program has been a lifeline for many, it is not a pathway to permanent residency.
While some Ukrainians are applying for permanent residency through narrow dedicated programs, family reunification or economic streams, others are turning to humanitarian & compassionate (“H&C”) applications.
H&C Applications
A humanitarian and compassionate application allows individuals who do not meet the usual eligibility criteria for permanent residency to request consideration based on compelling personal circumstances.
Immigration officers assess the application on a case-by-case basis, focusing on factors such as establishment in Canada, family ties, best interests of any children involved and hardship that would result from removal
For Ukrainians considering an H&C application, presenting a strong case is essential. This involves:
- Documenting Establishment: Proof of employment, education, community involvement, and other ties to Canada.
- Highlighting Hardship: Detailed evidence of the risks and challenges of returning to Ukraine.
- Demonstrating Best Interests of Children: Evidence of how remaining in Canada benefits any children involved, such as stability, education, and well-being.
Jurisprudence
In Yatsula v. Canada (Citizenship and Immigration), 2024 FC 1862, Justice Fuhrer reiterated that H&C does not require an “exceptional” level of hardship. As well, it is unreasonable for visa officers to not consider the ongoing war in Ukraine when making their assessments.