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Why So Many H&C Applications for Ukrainians Are Being Refused

Writer's picture: Ozan OnukOzan Onuk

In recent months, an increasing number of Humanitarian and Compassionate (H&C) applications from Ukrainian citizens have faced refusal. Many applicants may be wondering why this is happening, especially considering the ongoing war and humanitarian crisis in Ukraine. One key reason for these refusals lies in the misunderstanding of the purpose of H&C applications and their difference from refugee claims.

Confusing H&C Applications with Refugee Claims

One common mistake that many Ukrainian applicants make is confusing the H&C application process with that of a refugee claim. Refugee claims are based on fear of persecution, risk of torture, or danger to life, and are assessed under the Refugee Protection Division (RPD) within Canada's immigration system. While these claims have specific criteria, they allow for protection based on international humanitarian grounds.

H&C applications, on the other hand, are intended for individuals seeking permanent residency in Canada due to unique personal circumstances. They focus on factors such as establishment in Canada, family ties, the best interests of children involved, and undue hardship if required to leave Canada. This is where many Ukrainians make critical mistakes, as they attempt to strengthen their H&C application by referencing the dangers in Ukraine in ways that resemble a refugee claim.

The Pitfalls of Misunderstanding H&C Grounds

Many applicants think that emphasizing their fear of returning to Ukraine will bolster their H&C application. However, this approach often backfires because the criteria for H&C applications are different. Canadian immigration authorities are looking for compelling personal circumstances, not an evaluation of risks associated with their country of origin—those arguments are better suited for a refugee claim.

By focusing too much on the situation in Ukraine, applicants risk diverting attention from factors that could make their H&C case stronger, such as their long-term establishment in Canada, employment, community involvement, or how their departure would affect their family members in Canada.

What Should H&C Applications Focus On?

To improve the chances of a successful H&C application, it's essential to focus on the specific criteria that immigration officials evaluate:

  • Establishment in Canada: Highlight your ties to Canada, such as employment history, community involvement, and family connections.

  • Family in Canada: Stress any immediate family ties and how your removal would impact your loved ones.

  • Best Interests of Children: If applicable, the well-being of children involved in the case is a significant factor.

  • Hardship upon Removal: This should be based on personal and emotional hardship related to leaving Canada, rather than general conditions in Ukraine.

The Importance of Proper Legal Guidance

Navigating the Canadian immigration system can be challenging, especially for Ukrainians on temporary visas or the Canada-Ukraine Authorization for Emergency Travel (CUAET). Consulting with an immigration professional is crucial to understanding the different application types and ensuring that your H&C submission addresses the correct grounds.

Conclusion

Many H&C applications from Ukrainians are being refused because applicants are mistakenly treating them as refugee claims, which weakens their case. By understanding the distinct criteria for H&C applications and focusing on personal circumstances rather than political situations, Ukrainians can improve their chances of success in Canada’s immigration system.

If you or someone you know is considering an H&C application, seeking professional advice can make a critical difference in the outcome of your case.



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