Humanitarian and Compassionate (H&C) grounds in Canadian immigration law represent a special mechanism intended for exceptional situations, when a person cannot use any of the existing standard immigration programs.
It is a discretionary process that allows one to apply for permanent residence if returning to the country of origin would cause serious hardship, and the applicant has already established strong ties with Canada.
For Ukrainians, this option has become particularly relevant after the closure of the CUAET program.
Thousands of people who have already integrated into society, are working, studying, or raising children in Canadian schools, now face a situation of uncertainty.
Under such circumstances, H&C becomes both an opportunity to secure their future in Canada and a complex, lengthy process requiring careful preparation.
Legal Nature and Core Features of H&C
H&C is not a separate immigration program but derives from the provisions of the Immigration and Refugee Protection Act (IRPA).
The Minister of Immigration or a delegated officer has the authority, guided by principles of humanity and compassion, to grant permanent residence in exceptional cases.
Unlike refugee protection, where persecution must be proven, an H&C assessment focuses on several main factors:
- Social and economic establishment: stable employment, studies, volunteer work, community participation.
- Best interests of the child: whether remaining in Canada serves the child’s best interests.
- Risks upon return: presence of danger to health, safety, or well-being in the country of origin.
- Vulnerability of the applicant: serious medical, humanitarian, or other unique circumstances.
For Ukrainians: Specifics and Future Prospects of H&C
Why Ukrainians Frequently Apply for H&C
Following the end of the CUAET program, many Ukrainians were left without a stable immigration pathway.
Most of them have already adapted — they work, study, and have children and social connections in Canada.
For them, H&C is a way to legalize their stay even without eligibility under other immigration streams.
However, Ukrainians should be aware of several challenges and limitations:
- Application queues are growing faster than the number of available spots.
- The quota for the entire stream (H&C + other “Other” categories) is planned to decrease in the coming years.
- Approval rates already show increasing competition: between 2020 and October 31, 2024, over 27,500 applications were approved, while about 21,300 were refused (overall approval rate ≈ 56%).
- In Quebec, the processing time is extremely long — up to 49 months for in-Canada H&C cases; for the rest of Canada — around 20 months.
Future Trends and Key Considerations
- Quota Reductions
According to recent projections, the Government of Canada plans to reduce the intake under H&C and “Other” categories in the coming years. This will intensify competition among applicants. - Rising Refusal Rates
As the volume of applications increases, the percentage of refusals also grows. The process becomes more selective and demands stronger evidence. - System Overload and Delays
Due to a heavy caseload and limited resources, processing times are extended. Some applications remain in the queue for several years. - Legal and Judicial Oversight
Federal Court decisions increasingly highlight cases where refusals were issued without adequate consideration of individual circumstances. This means well-prepared arguments can have a significant impact on outcomes.
What This Means in Practice for Ukrainians
- Apply as early as possible, before quotas are reduced again.
- Prepare a very strong application: personal story, integration evidence, support letters, and medical or humanitarian documentation.
- Provide a clear rationale explaining why returning to Ukraine would pose undue hardship or risks to you and your family.
- Keep the application updated, submit additional documents when available, and respond promptly to IRCC requests.
- In parallel, consider alternative immigration pathways, since the H&C route may be lengthy and uncertain.
Statistics: Ukrainians and H&C in 2025
Indicator | Ukrainians (March–December 2025) | Overall H&C Category (2025) |
Submitted Applications | 24,400+ | 49,900 |
Annual Intake Target | 2,100 | 1,100 |
Share of Processed Cases | ~9% | ~13% |
Average Processing Time | 24–36 months (officially) | actually longer |
Thus, H&C for Ukrainians has become a “long-distance process.”
Although the pathway formally remains open, queues and limited intake capacity mean that applicants will likely have to wait several years for a decision.
Practical Recommendations
- Maintain Legal Status
While the application is in process, it is essential to extend work or study permits to preserve legal status and facilitate continued integration. - Build a Comprehensive Evidence Package
Template-style submissions have minimal chances of success. Each case must include a personalized story, official records, proof of community involvement, medical certificates, and other supporting evidence. - Demonstrate Integration
It is crucial to show that the applicant and their family have become an integral part of Canadian society — through employment, education, and social networks. - Explore Alternative Immigration Options
Alongside H&C, applicants should examine economic pathways — such as Express Entry, Provincial Nominee Programs, or the Atlantic Immigration Program, which may lead to faster outcomes. - Seek Professional Assistance
Collaboration with a licensed immigration consultant or lawyer helps avoid mistakes, properly structure legal arguments, and increase the likelihood of approval.
Expanded Checklist of Integration Evidence
Category | Example Documents | Significance |
Adult Applicant | Employment contracts, job reference letters, tax returns, bank statements, course certificates, diplomas from Canadian institutions | Demonstrates financial stability and active societal participation |
Child | Report cards, teacher recommendations, extracurricular certificates, sports or camp records, school event participation | Proves the child’s integration and the importance of maintaining a stable environment |
Family | Lease or mortgage agreements, joint accounts, neighbour support letters, community event confirmations | Shows stable residence and strong social ties |
Volunteering | Confirmation of volunteer hours, organizational letters, photo/video evidence of events | Highlights community contribution and civic engagement |
Language Progress | ESL/FSL certificates, CELPIP/IELTS/TEF test results, attendance confirmations | Demonstrates linguistic and professional integration readiness |
Medical Circumstances | Medical reports, treatment history, specialized care requirements, physician letters | Justifies the necessity of staying in Canada for accessible and consistent treatment |
Conclusions
The H&C pathway is often the last resort for many Ukrainians who are not eligible under standard immigration programs but have already established their lives in Canada.
It provides a possibility to obtain permanent residence based on humanitarian and compassionate principles.
At the same time, success requires:
- Thorough preparation;
- A comprehensive and individualized evidence package;
- Readiness for a lengthy process;
- Exploration of alternative immigration options in parallel.
A successful H&C case is always the result of a combination of personal narrative, documentary proof, and demonstrated integration into Canadian life.
These elements together create the foundation for a positive decision.
