Following the full-scale invasion of Ukraine by the Russian Federation in 2022, hundreds of thousands of Ukrainians who arrived in Canada have been faced with the question of how to legalize their status after the expiration of the temporary Canada-Ukraine Authorization for Emergency Travel (CUAET) program. This program granted temporary permission to stay, work, or study in Canada, but it does not provide a direct pathway to permanent residency.
Some Ukrainian citizens are utilizing standard immigration pathways such as economic programs, family sponsorship, or narrowly defined humanitarian initiatives. However, for those who do not meet the formal requirements of these programs, Canadian legislation provides a complex yet legitimate option — applications based on Humanitarian and Compassionate Grounds (H&C).
General Overview of H&C Mechanism
The H&C mechanism allows individuals who are otherwise ineligible for regular immigration programs to apply to Immigration, Refugees and Citizenship Canada (IRCC) for permanent resident status, provided the following circumstances exist:
- exceptional personal or family situations;
- a high level of integration into Canadian society;
- proven risks or significant hardships if returned to the country of origin;
- the best interests of a child who may be affected by deportation.
Each application is assessed individually at the discretion of an IRCC immigration officer, who considers all relevant factors in the case.
Key Arguments for Ukrainian H&C Applicants
As of the third year of the war (2025), the majority of Ukrainian applicants have:
- secured stable, long-term employment;
- rented or purchased housing in Canada;
- integrated into local communities, actively participating in volunteer, religious, or cultural activities;
- provided stability and development for their children, who are enrolled in Canadian educational institutions, speak English or French, have friends, and maintain social connections;
- demonstrated a high level of social and cultural integration, which is a critical factor for success in H&C cases.
Particular attention should be paid to the situation of children who arrived in Canada between the ages of 5 and 7. For these children, Canada is already the only familiar social environment where they have developed basic skills, first memories, language, and cultural identity. This is a significant argument within the context of protecting the best interests of the child — a key element of humanitarian cases.
Armed Conflict and H&C: Legal Considerations
The existence of war in Ukraine, despite its scale and duration, is not in itself a sufficient factor for a successful H&C application. The H&C concept is not limited to war or armed conflict. A historically significant example is the Baker case, which formed the foundation of modern H&C interpretation in Canada — the central argument in that case concerned the best interests of children and social integration, rather than war or security threats.
Therefore, by 2025, Ukrainian H&C cases are objectively stronger than they were in 2022–2023, due to:
- deeper social and economic integration of applicants;
- strengthened family, career, and social ties within Canada;
- the availability of an expanded body of supporting evidence;
- active participation of children in Canadian schools and community life.
Statistics and Current Situation
According to official IRCC data and analytical observations:
- in 2022–2023, approximately 30% of H&C applications from Ukrainians were refused;
- in 2024, the refusal rate decreased to 9–11%;
- the total number of approved cases increased by a factor of 8 compared to 2023.
This positive trend is primarily explained by applicants accumulating stronger evidence of integration and stability. Nevertheless, it is important to note:
- a significant number of cases remain without decisions for extended periods;
- this is due to quota limitations and the gradual review policy;
- weak cases tend to be refused relatively quickly;
- cases with intermediate levels of evidence often remain in legal limbo for years;
- well-prepared, strong cases have a significantly higher likelihood of success.
Quotas, Processing Delays, and International Experience
Canada, like many countries with structured immigration systems, imposes quotas on humanitarian categories:
- prior to 2022 — approximately 500 to 2,000 individuals per year;
- following the escalation of war — increased to approximately 5,000 to 10,000 individuals annually.
At the same time:
- the number of applications significantly exceeds available quotas;
- the system does not guarantee automatic approval of all submissions;
- numerous cases remain in queue for several years, awaiting new quotas or completion of reviews;
- a similar situation is observed in the United States, where humanitarian and refugee applications can take over a decade to be finalized.
Case Law and Recent Judicial Precedents
- Yatsula v. Canada (2024) — The Federal Court confirmed that immigration officers are obligated to consider the war in Ukraine when assessing applications. Furthermore, H&C cases do not require proof of “exceptional hardship” in the classical legal sense, which simplifies the evidentiary burden for Ukrainian applicants.
- Trynchuk v. Canada (2024) — The Court upheld the lawfulness of a refusal in a case where the primary argument was the danger of returning to Ukraine. However, an administrative deferral of removal was in place, reducing the immediate risk of deportation. This ruling confirms that without imminent threat of removal, such arguments may be insufficient for approval.
Conclusions and Strategic Recommendations
1. As of 2025, H&C applications from Ukrainians are objectively stronger due to prolonged residence, social integration, stability, and child-related considerations.
2. The war in Ukraine remains an important but insufficient factor on its own. Applications must emphasize social, humanitarian, and integration-related evidence.
3. The H&C system remains unpredictable. Even well-founded cases may experience significant delays due to quota limitations and administrative backlogs.
4. Cases with weak or insufficient evidence are typically refused. Applications of moderate strength tend to remain unresolved, while strong, well-documented cases have realistic prospects for approval.
5. Thorough preparation, legal guidance, and comprehensive supporting documentation are essential to increasing the chances of success. This applies particularly to families with children, who statistically have the highest likelihood of positive outcomes.
The H&C mechanism is not a fast-track or guaranteed route to permanent residency. However, with proper preparation, legal precision, and a focus on demonstrating integration and humanitarian grounds, it remains a legitimate and viable pathway for Ukrainian families seeking long-term stability and protection in Canada.
