PR based on Humanitarian and compassionate grounds

What is Humanitarian and Compassionate Immigration Program?

What is the humanitarian immigration program? Currently, many people are applying for the humanitarian immigration program. I would like to emphasize that this is a very complicated program, and its application package differs from other programs where everything is clear and straightforward.

 In most immigration programs, there is a concept of a document checklist. This is a list of documents to ensure that all the required documents are being submitted with the file. Based on this list, you will know which documents need to be attached and what requirements to meet. For example: having a year of work experience in Canada, graduating from an educational institution in Canada, having a language proficiency level of 5, 6, or 7, having at least a high school education, and so on.

What is the Humanitarian Immigration Program?

The humanitarian immigration program is an exception to the economic immigration program. Let me remind you of the criteria for economic immigration – this is when you are invited to become a permanent resident (PR) because you contribute to the labor market by having a job in Canada, experience in a certain in-demand specialty, or a Canadian diploma.The humanitarian and compassionate program is a request to grant you PR excluding economic requirements, based on humanitarian and compassionate reasons. Only those who reside in Canada can apply for it. Otherwise, the meaning of this program is lost.What is important to show when applying for the humanitarian program?When we talk about the humanitarian immigration program, we do not have to attach proof of employment – this is not a fundamental factor, although it is one of the accompanying factors.When we talk about the humanitarian immigration program, we indicate that the client cannot apply for any other immigration program for certain reasons (a clear example is the presence of a disability), but the client has enough humanitarian factors to convince the immigration department that this person should stay and will benefit Canadian society in the future (at least, this is what the client or their representative believes).How does the application process look?

Note that the program consists of two parts, and both parts are mandatory for submission:

The first part of the humanitarian program: This is the usual PR application. In any PR application, you need to provide forms with your personal data and supporting documents: birth certificate, marriage certificate/divorce certificate, any education received since age 18, work experience since age 18, countries visited since age 18, and a police clearance certificate for security checks. This part of the application is always mandatory, not too difficult, but time-consuming and requires special attention to ensure all dates and information match previous applications.

The second part of the humanitarian program: This is a request letter asking to be allowed to stay in Canada on humanitarian grounds. It is called a SUBMISSION LETTER in English or LETTRE DE SOUMISSION in French. The officer starts reviewing the humanitarian application based on this letter. They read it carefully and make notes whether the applicant meets the criteria. The immigration department has its own test to evaluate all candidates who send humanitarian program packages.

 What should be included in the letter?

First, describe why you cannot return to your home country. For example, the war in Ukraine is a fundamental factor, but not the only one and not decisive. The presence of war allows you to state that it is unsafe in Ukraine, a very high crime rate, lack of access to proper medical care, lack of access to proper education, human rights violations, restricted freedom of movement, private property rights, etc. We can use everything stated in recent international human rights petitions. These factors are important when making a humanitarian case, as they explain why the client cannot return to Ukraine. This is important!

It is also necessary to add that there is a humanitarian crisis in Ukraine and there is a factor of discrimination. For example, people from Eastern Ukraine are subjected to persecution and discrimination, especially if they have relatives in occupied territories. There is also a factor of discrimination against Russian citizens if they have lived abroad and return. Discrimination is one of the factors for the humanitarian program but not for the refugee program.

 Second, describe why Canada should allow you to stay and what you have done or can do if Canada allows you to stay. This part of the letter should address several factors – humanitarian and integration:

 A) Having children under 18 in your family is a strong factor for allowing you to stay in Canada. The immigration department even has a special law called “BEST INTERESTS OF THE CHILD”. Families with children receive some priorities when considering the humanitarian program. Sending a child back to a country where there is a threat to their life and health contradicts the convention signed by Canada. If you have children, this is one of the first factors to highlight.

 B) The level of integration into Canadian society: your work, language skills, attempts to learn the language (for example, you may not have a language test, but you can provide a certificate from a language center where you are studying and a letter of support stating that you are trying to learn the language and integrate into Canadian society), volunteer work certificates in Canada (volunteer work is highly valued, for example, attending church or helping children or the elderly). Any contribution to volunteer activities is very important in the humanitarian package. Also included are any certificates of your children's participation in activities, which are also very helpful to include in your humanitarian package. This also includes having any relatives in Canada who help you integrate. Owning property in Canada that you have already purchased. If you are applying through a regular immigration program, owning property does not matter, but it does in the humanitarian program as it shows your level of integration. Having a business and providing jobs (here it is important to clarify why you cannot go through business immigration with this business). Having entrepreneurial activities, such as in the service system (manicure, pedicure, home-cooked food, caring for the elderly or children, tutoring services, and much more).

Another example is workers who work remotely for an employer in another country. This is also one of the factors for the humanitarian program in terms of integration. Despite working for a non-Canadian employer, they work on Canadian soil, pay Canadian taxes, and will eventually seek a Canadian employer.

 Conclusion In Canada, there is a special law that prevents the deportation of foreign citizens to a country with active military actions, natural disasters, or humanitarian catastrophes – this is called deferral of removal. There is a list of countries to which people cannot be deported. Ukraine has been on this list since the war started. Some officers use this factor to deny the humanitarian program. Unfortunately, in rejection letters, they state, "Canada will not deport you, so there is no point in granting a positive decision on the humanitarian program." This is a big misconception. The federal court has ruled this reason invalid for denying the humanitarian program, but some officers still do it. Knowing this and acting in advance, you should add the phrase, "Although Ukraine is on the deferral of removal list, it does not mean a person can stay in Canada without a defined status and clear future plans. Although Canada does not deport Ukrainians while the war is ongoing, it does not mean Canada cannot grant PR and cannot make exceptions based on humanitarian factors." As time passes, families integrate more and more into Canadian society, work, and need to understand that they will stay in Canada forever, not live 3-4 years and be sent back to Ukraine. By then, their whole life will be here, and there will be nothing left in Ukraine. 

A small clarification. When people tell me they want to apply for the humanitarian program because their house is destroyed and they have nowhere to return – this is not a factor for the humanitarian program. One destroyed house in your home country is not a factor for a humanitarian exception. You need to show and prove that the system in Ukraine does not work overall and that it is unsafe wherever you move in Ukraine. Buying a new house and moving to another part of Ukraine will not solve your problem. You need to look at the overall situation – that is the essence of the humanitarian program.

Finally, I want to emphasize that the humanitarian program consists of two parts:

PR application: This includes all forms and documents that need to be uploaded for all family members traveling with you or even not traveling to Canada.

The letter: The letter is quite large, and we often attach special reports from UNESCO, Human Rights Watch, Amnesty International, and many others. There is a huge list of organizations that issue reports for each country. We use these reports to prove that it is not just a single opinion about what is happening but that international organizations have shown and proven that the living conditions in a particular country are such that returning is not possible, that children suffer from a lack of food, that the elderly lack basic medications, that there is no access to surgeries, etc. In the humanitarian package, it is very important to prove that other organizations write the same as you. I would not recommend sending a humanitarian exception file without a report, so you must include at least a couple of reports.