After the start of a full-scale war, thousands of Ukrainians found themselves in a situation where the usual ways to save themselves and their families — escaping from bombings, leaving the occupied territories, avoiding mobilization or domestic violence — did not guarantee them legal protection abroad. Many managed to leave for Europe, some went to the USA or Great Britain. Some Ukrainians ended up in Canada – some under the CUAET emergency program, some on study or work visas, and some even without a clear status. However, for those who are left without the right to further legal stay, Canada leaves another way — the humanitarian immigration program.
What is humanitarian immigration?
It is not about political asylum and not about classic immigration. The humanitarian program is an exceptional procedure used in individual cases where none of the traditional immigration pathways are suitable, but deportation or loss of status would result in unacceptable human consequences. It is especially relevant for Ukrainian refugees who could not adapt through traditional mechanisms and found themselves between a legal vacuum and the risk of returning to a country where the war is ongoing.
Under section 25 of the Immigration and Refugee Protection Act, the Minister has the power to grant permanent resident status to a person if there are sufficient humanitarian or compassionate grounds. This is a completely discretionary procedure that does not guarantee success, but gives the applicant a chance to present his case and justify why deportation or denial of status would cause him or his family members irreparable harm.
The procedure involves two separate stages:
- Consideration of an application for permission to submit documents for PMP for humanitarian reasons.
- If the permit is granted, the application is checked for compliance with the conditions for obtaining the status of a permanent resident.
Even if the first stage is successfully completed, the applicant may be rejected at the second stage if they do not meet standard requirements, such as integrity, no threats to the security of Canada, medical or administrative restrictions.
Who does it concern and why is it important for Ukrainians
Hundreds of Ukrainians who arrived in Canada after February 2022 found themselves outside the protected framework offered by traditional programs. Someone lost their status due to the expiration of their residence permit, someone was unable to apply for a work or study visa. And there are those who cannot apply for refugee status, because: – they are afraid of rejection and further deportation; – does not have sufficient legal grounds for asylum, but cannot return due to real risks; – already applied but got rejected and have to wait 12 months before applying again.
In such cases, the humanitarian program remains the only path to legalization, especially for those who have been living in Canada for a long time, have family, children, work, housing, and community here.
What the immigration service pays attention to
The decision to allow PMP on humanitarian grounds is made individually, taking into account several key factors:
– Length of stay in Canada. The longer the applicant has lived in the country, the more likely he is to be considered “rooted”;
– Social integration. Having a permanent job, participation in community life, volunteering, support from religious or cultural organizations, participation in charitable initiatives — all this matters;
– Family ties. If close relatives (especially children, husband, wife, parents) live in Canada, this will be a valid argument;
– Interests of the child. If you are raising children in Canada, their welfare will be considered separately, according to the Supreme Court of Canada decision in Qantas v Canada (2015). Forced departure from Canada, which will negatively affect the child’s physical or psycho-emotional condition, is the basis for a positive decision;
– Risks in case of return. If the applicant faces a serious threat in Ukraine — military mobilization, lack of medical care, violence, political persecution, psychological trauma — this should be substantiated in detail. It is sufficient only to prove that the consequences would be unduly severe in terms of return;
– State of health. Both physical and mental. Especially if the illness of the applicant or his child requires treatment that cannot be obtained in Ukraine.
Limitations and features of the program
You can apply only for a PMP or a permanent resident visa. Applications for temporary stay are not considered. It is not possible to have two humanitarian appeals at the same time. If a request for refugee status has already been submitted, the application on humanitarian grounds will not be accepted until the first one is recalled for a hearing before the immigration board.
It is also not possible to submit a humanitarian application within 12 months after the refusal of refugee status. Exception: If you have children under the age of 18 who would be affected by deportation, or you (or your child) have a life-threatening medical condition that cannot be treated in Ukraine.
What can be a humanitarian reason
Each applicant himself formulates the reasons. There is no defined list, but practice shows that the most convincing are:
– Deterioration of quality of life or threat to survival after return: lack of medical care, threat of violence, persecution, economic hopelessness;
– Loss of support. For example, in Canada there is a family that supports you, but in Ukraine – no one;
– Impossibility of raising children in safety: separation from the environment they already consider home, interruption of education, psychological trauma;
– Deep integration: participation in public initiatives, employment, high level of language adaptation, volunteer activity.
So, this program is not for those who want an easy way to stay in Canada, but for those who have lost everything and have nothing to return to, but managed to create a new life here, new support and new hope. For Ukrainian refugees, this is a chance not only to stay safe, but also to become part of a society that is ready to admit: sometimes humanity is the main argument in immigration policy.
