The Process of Getting Refugee Status in Canada!

Your Quick 30-Second Answer! 

Getting Refugee Status in Canada, starts with an Eligibility Interview with an IRCC or CBSA officer to determine if your claim can be referred to the Immigration and Refugee Board (IRB). You must complete the Basis of Claim Form, detailing your need for protection. This is followed by a Refugee Protection Division Hearing, where a decision-maker reviews your case. Ensure all documents are submitted to the IRB 10 days before your hearing. You have the right to legal representation, and if you're in Canada, you can submit your claim online via the IRCC portal. After claiming, you'll receive an acknowledgment letter for accessing services like the Interim Federal Health Program. Compliance with all instructions and timelines is crucial​​​​​​.

For an in-depth overview, please see the "Table of Contents" below.

Explore Your Options on Getting Refugee Status in Canada

Welcome to this easy-to-follow guide on Getting Refugee Status in Canada. This guide is your secret weapon. It’ll take all the confusing stuff and make it super easy to understand. Plus, it's packed with insider secrets to help you shine brighter than the rest when you apply!

TABLE OF CONTENT

Basic Introduction
  1. What is Refugee Status?
  2. Types of Refugees?
Eligibility and Requirement
  3. Eligibility and Requirements
   3.1. Apply from within Canada?
   3.2. Apply from Outside Canada?
   3.3. Apply to Sponsor Refugee?
Application Process
  4. What is application process?
  5. What documents do I need?
  6. How long it takes and cost?
Tips and Best Practice
  7. Some Tips & Tricks?
  8. Some Dos & Don'ts?
Additional Resources and Support
  9. Can I see any example?
  10. Common Questions (FAQs)
  11. Useful Resources

Primarily, this guide is for anyone who wants to learn about immigration to Canada. This guide is here to make everything clearer and simpler for you. If you find the official rules and documents about the requirements to move to Canada confusing, this guide can be your helpful friend. It’s here to give you clear and easy help so you can understand how Canadian permanent residence works without any problem.

To obtain refugee status in Canada, you need to follow a structured process. Here is an overview of the key steps and considerations:

  1. 1. Eligibility Interview: Once you claim refugee protection, you'll have an interview with an Immigration, Refugees and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA) officer. The officer will determine if your claim is eligible for referral to the Immigration and Refugee Board (IRB). You'll be asked if you prefer the hearing in English or French and whether you need an interpreter.

  3. 2. Basis of Claim Form: An essential document in your refugee claim is the Basis of Claim Form. This form allows you to narrate your story and explain why you need protection in Canada. It's crucial to provide truthful, complete, and detailed responses. Attach required identity, travel, and other supporting documents with this form.

  5. 3. Refugee Protection Division Hearing: Your hearing is a significant part of the process. The decision-maker from the IRB's Refugee Protection Division will review your forms and documents before the hearing. You will have the opportunity to explain why you fear returning to your country. The decision on your refugee status is typically made during this hearing.

  7. 4. Documentation and Compliance: Ensure all necessary documents are submitted to the IRB at least 10 days before your hearing. If your address changes or you obtain new documents during the process, inform the IRB and the relevant Canadian agency.

  9. 5. Representation: You have the right to be represented by counsel during the hearing. If you pay your counsel, they must be a qualified professional, such as a lawyer or a notary in Quebec.

  11. 6. Online Submission: If you're already in Canada, you can submit your refugee claim online. You'll need to create an account on the IRCC portal and complete the online form. A representative can assist you with the claim, but you must submit it yourself. All family members claiming with you must be included in the submission.

  13. 7. Post-Claim Actions: After your claim, you'll receive instructions and an acknowledgment letter, which grants you access to services like the Interim Federal Health Program. If you started a claim at a port of entry, you might be scheduled for a later interview or instructed to complete the claim online.

It's vital to comply with all instructions and timelines given throughout the process. For detailed guidance and assistance, you can consult the application guide provided on the IRCC website​.

1. What is Refugee Status?

Canada, known for its diverse culture and welcoming environment, offers a helping hand to those in need. If you're seeking safety and a new start, you may consider applying for refugee status within the country. The information on this page will walk you through the key aspects of the program, helping you understand the benefits, features, and requirements of becoming or assisting a refugee in Canada.

2. Canada's Refugee Classes

Remember, Canada's refugee system is complex. If you think they might be a fit, it's good to talk to an expert for getting refugee status in Canada.

  • Convention Refugees: People scared to return to their home country because they might face harm due to their race, religion, political views, nationality, or group they belong to.
  • Country of Asylum Class: Individuals in danger because of war or constant denial of basic rights in their home country.
  • Resettled Refugees: Refugees chosen to come and live in Canada permanently because they face danger in their home region.
  • Refugee Claimants: People already in Canada or at its borders asking for safety. They're scared of returning home because of dangers they might face.
  • Protected Persons: People in Canada who asked for safety and were approved. They can now apply to live in Canada permanently.
  • Humanitarian Class: Some folks don't fit the typical refugee categories but are in tough situations. Canada might help them based on kindness and understanding.

3. Applying for Refugee Status

There are 3 ways you can apply for getting refugee status in Canada. 

  1. 3.1.  Apply from Within Canada (if you are already in Canada.)
  2. 3.2.  Apply from Outside Canada (if you are outside Canada.)
  3. 3.3.  Apply to Sponsor a Refugee (if you are sponsoring a refugee.)

3.1. Applying for Refugee Status from Within Canada

When you're already in Canada and face threats or dangers if returned to your home country, you can apply for refugee protection. This avenue is specifically for those who believe they're at risk in their homeland due to race, religion, nationality, political opinion, or membership in a particular social group.

    3.1.1. Types

  • Inland Claims: After arriving in Canada, you can claim refugee status at an immigration office if you haven't already done so at the border.
  • Port of Entry Claims: Immediately upon arrival in Canada, you can claim refugee status at any border crossing, airport, or seaport.

     3.1.2. Eligibility Criteria

  • Genuine Fear: You must demonstrate genuine fear of persecution in your home country.
  • No Safe Third Country Agreement: You should not have come to Canada via a country where you could have sought refuge.
  • Clearance: You should not have any criminal convictions that make you inadmissible to Canada.

3.2.  Apply for Refugee Status from Outside Canada

If you're outside Canada and face dire situations, you can seek refuge in Canada to rebuild your life.

   3.2.1. Types

  • Government-Assisted Refugees (GARs): These refugees are identified by the United Nations Refugee Agency (UNHCR) and are supported by the Canadian government once they arrive.
  • Privately Sponsored Refugees (PSRs): These are refugees sponsored by private groups or individuals in Canada who take on the responsibility of supporting them for a year for getting refugee status in Canada.

3.2.2. Eligibility Criteria

  • Refugee Status: You must be recognized by a referral organization like UNHCR.
  • Clearance: No serious criminal records and must pass security and health checks.
  • Sponsorship: For PSRs, there must be an individual or group willing and able to sponsor them.

3.3. Apply to Sponsor a Refugee or Find Refugee Services

Whether you're an individual, group, or community in Canada, you have the opportunity to sponsor refugees from abroad, helping them establish their lives in Canada.

3.3.1.   Types

  • Group of Five (G5): Five or more Canadian citizens can come together to sponsor a refugee.
  • Community Sponsors: An organization can sponsor one or more refugees for up to a year.
  • Sponsorship Agreement Holders (SAHs): Established organizations that have a standing agreement with the government to sponsor refugees.

  3.3.2. Eligibility Criteria

  • Financial Ability: Must demonstrate the capability to financially support the refugee for the first year.
  • Commitment: Provide emotional and social support, helping the refugee adjust to their new life.
  • Location: Sponsors should reside in the community where the refugee will settle.

Whether you're seeking refuge, hoping to sponsor someone, or searching for services, it's essential to understand the complexities of each program. Always refer to official government sources or consult with professionals for guidance.

4. Step by Step Application Process

Understanding the application process for getting refugee status in Canada can be overwhelming, but breaking it down step-by-step will help simplify your journey.

  • Determine the Type of Claim: Start by identifying whether you're making an Inland Claim, Port of Entry Claim, seeking as a Government-Assisted Refugee, or as a Privately Sponsored Refugee. Your path may also diverge depending on whether you're inside or outside Canada.
  • Gather Necessary Documents: Before you can fill out any forms, you need to ensure you have all necessary documents. This may include identification papers, evidence of your fear or risk in your home country, and any supporting documents regarding your status or situation.
  • Complete the Application Form: The specific form you need to fill out will depend on the type of claim you're making. Ensure that every detail is accurate to prevent any delays or denials.
  • Pay the Application Fee: Some refugee application paths require a fee, while others, especially those for vulnerable individuals, might be exempt. Check the official guidelines for your specific path to determine the cost and make the payment.
  • Submit the Application: Once all forms are completed and fees (if applicable) are paid, submit your application to the appropriate office or authority.
  • Await a Decision: After submission, your application will be reviewed. This might involve interviews or additional information requests. You'll eventually receive a notification informing you of the decision.

5. Documents Checklist

Documentation is crucial to verify your identity and validate your claims. Here's a checklist of the general documents you'd need for getting refugee status in Canada:

  • Personal Identification: This includes passports, birth certificates, or any other official documents that verify your identity.
  • Proof of Status: If you're already in Canada on another type of visa or permit, you should provide evidence of this status.
  • Evidence of Persecution or Risk: This might consist of news articles, official documents, personal testimonies, or anything else that supports your claim of being at risk in your home country.
  • Medical Examination: For certain refugee paths, especially those from specific countries, a medical exam might be required.
  • Police Certificates: If asked, you need to provide police certificates from countries you've lived in for more than six months since turning 18.
  • Sponsorship Agreement (for PSRs): If you're being privately sponsored, you'll need an agreement or letter from your sponsors.
  • UNHCR Documentation (for GARs): If you're a Government-Assisted Refugee, you'd typically have documents from the UNHCR or another referral agency.

To obtain these documents, start by contacting the relevant authorities in your home country or, if unsafe, international agencies that assist with refugee applications. When submitting, always keep copies, as original documents might not be returned. Remember, every refugee's situation is unique, so consult official guidelines or a professional to ensure your application is thorough and accurate.

6. Processing Times and Fees

The journey towards getting refugee status in Canada involves not only gathering necessary documents and completing forms but also understanding the associated costs and waiting periods. These can vary depending on your application type:

  • Inland and Port of Entry Claims: While there isn't a direct fee associated with making an asylum claim within Canada, there are indirect costs, such as potential medical examinations or obtaining documents. Processing times can vary significantly, with some decisions being made within weeks while others might take several months. Factors like the complexity of the claim or the volume of applications can influence these timelines.
  • Government-Assisted Refugees (GARs): GARs typically don't incur direct application fees, as these individuals are often identified by the UNHCR or similar bodies and then referred to Canada. The process, including waiting times, can range anywhere from several months to a few years, depending on the urgency and the region.
  • Privately Sponsored Refugees (PSRs): There might be certain fees associated with the groups or organizations sponsoring the refugee. Processing times for PSRs tend to align with those of GARs, but remember that sponsor availability can also impact the timeline.

7. Tips & Tricks for a Successful Application

Applying for getting refugee status in Canada can be overwhelmin, but with some diligence and careful preparation, you can enhance your chances of success:

  • Prepare in Advance: The earlier you start gathering your documents and understanding the process, the better. This gives you ample time to rectify any missing information or address any discrepancies.
  • Be Truthful: It cannot be emphasized enough how essential honesty is in this process. Misrepresentation can result in severe consequences, including application refusal or even deportation.
  • Ensure Consistency: Make sure your provided information remains consistent throughout your documents and any interviews. Discrepancies can cast doubt on your claim.'
  • Stay Updated: Immigration rules, processing times, and other relevant factors can change. Regularly check official websites or consult with professionals to stay informed.
  • Seek Professional Guidance: While not mandatory, consulting with an immigration or refugee lawyer can be immensely helpful. They can provide insights into the nuances of the application process and even represent you during proceedings.
  • Be Patient: The process can be lengthy, but it's vital to remain patient and stay updated on your application status.

Remember, getting refugee status in Canada might be challenging, but with the right preparation and dedication, you can pave your path to a life in Canada.

8. Dos and Don'ts:

When going through the process of getting refugee status in Canada, it's crucial to be aware of both the recommended actions and those to avoid:

Dos:

  • Provide Complete Information: Fill out all sections of your application form. If a section doesn't apply to you, write 'N/A' or 'Not Applicable.' Incomplete forms can lead to delays or even rejections.
  • Seek Recommendations: If possible, get letters of support or recommendations that can corroborate your claim. This could be from previous employers, community leaders, or other relevant entities.
  • Stay in Touch: Always provide up-to-date contact information, including an address, phone number, and email. Immigration authorities might need to contact you regarding your application.
  • Follow Instructions: Pay close attention to all instructions on forms, applications, and any related documents. Make sure you're using the most recent versions of any forms.
  • Attend All Scheduled Interviews: Missing an interview can be detrimental to your application.

Don'ts:

  • Avoid Misrepresentation: Providing false information or hiding relevant details can lead to application refusal and possibly bar you from making future applications to Canada.
  • Don't Overstay: If you're in Canada on a temporary status while applying for refugee protection, ensure you don't overstay your allowed period. This can jeopardize your refugee claim.
  • Avoid Unofficial Sources: Rely on official government sources or trusted professionals for guidance. Beware of scams or "guaranteed" offers of successful refugee claims.
  • Don't Rush: Take your time to understand each step of the process, ensuring you've satisfied all requirements.

9. Case Scenario: Getting Refugee Status in Canada!

Setting the Scene: Aisha, a 28-year-old journalist from a country undergoing political turmoil, decides to flee to Canada for safety and a chance at a new life.

Step 1: Realizing the Need for Refugee Protection Facing threats due to her critical reporting, Aisha recognized that she couldn't stay in her homeland. Her friends suggest seeking refugee protection in Canada.

Step 2: Gathering Initial Documentation Aisha collects her passport, journalistic work, proof of the threats she received, and other pertinent documents.

Step 3: Arrival in Canada & Claiming Asylum Upon arriving in Canada on a visitor visa, Aisha immediately heads to an immigration office to claim asylum, stating her reasons and providing initial proof.

Step 4: Completing the Application Form With the help of a local NGO, Aisha fills out the required forms for inland refugee claimants. She ensures all sections are detailed and accurate.

Step 5: The Interview Aisha is called in for an interview with an immigration officer. She comes prepared, narrating her story and providing all supporting evidence. The officer asks her several questions to verify the consistency and authenticity of her claim.

Step 6: Awaiting the Decision Months pass as Aisha waits anxiously. She utilizes this time by engaging with local support groups, attending informational sessions, and understanding Canadian culture.

Step 7: Positive Outcome A letter arrives, granting Aisha refugee status in Canada. She's overwhelmed with relief, ready to start her new chapter in a country that values her safety and rights.

Through Aisha's journey, it becomes evident that while the refugee application process can be lengthy and challenging, with careful preparation and adherence to the correct procedures, getting refugee status in Canada is not impossible.

10. Frequently Asked Questions (FAQs):

Q1. What is the definition of a refugee in Canada?

A1. A refugee is someone who is outside their home country and cannot return due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Q2. How is claiming refugee status from within Canada different from seeking it from outside Canada?

A2. Claiming refugee status from within Canada is termed as an "inland claim." It's made by individuals already in Canada, typically on another visa type. Seeking it from outside of Canada involves applying for resettlement from another country, often with the assistance of the United Nations Refugee Agency (UNHCR).

Q3. Can I work while my refugee application is being processed?

A3. Yes, once you've applied for getting refugee status in Canada and received a work permit, you can work in Canada.

Q4. Who is ineligible to claim refugee status in Canada?

A4. Individuals who have been recognized as a refugee in another country or have already been granted permanent residency in Canada, those who have previously been refused refugee status in Canada, or those who arrive via the Canada-U.S. border under the Safe Third Country Agreement, might be ineligible.

Q5. How can I sponsor a refugee?

A5. Canadian citizens or permanent residents can sponsor refugees through the Private Sponsorship of Refugees Program. Sponsors commit to supporting the refugee financially and emotionally for the duration of the sponsorship period.

Q6. What services are available for refugees in Canada?

A6. Refugees in Canada have access to services like language training, help finding employment, and settlement services to help them adjust to life in Canada.

Q7. How long does the refugee application process typically take?

A7. Processing times can vary widely depending on individual cases, the type of claim, and the volume of applications. It's best to refer to the Immigration, Refugees, and Citizenship Canada (IRCC) website for the most updated processing times.

Q8. Can I include my family in my refugee application for getting refugee status in Canada?

A8. Yes, dependent family members, whether they are in Canada or abroad, can be included in your application.

Q9. What happens if my refugee claim is denied?

A9. If your claim is denied, you may be eligible to appeal the decision at the Refugee Appeal Division (RAD). If not, there are other legal avenues to review the decision, such as a judicial review.

Q10. Can I travel outside of Canada while my refugee application is pending?

A10. It's generally not advisable to travel outside of Canada while your refugee application is pending. Leaving could affect your claim, and you might not be allowed to re-enter the country.

Remember, while these FAQs provide general information, it's always essential to consult with an immigration professional or the official IRCC website for specific guidance related to individual circumstances.

11.  Links and Resources

For the most accurate and up-to-date information on the process of getting refugee status in Canada, it is always advisable to refer directly to government websites. Here are some useful links:

  • Immigration, Refugees and Citizenship Canada (IRCC): This is the principal authority on all matters related to immigration and refugee affairs in Canada. The website has detailed information on various programs, including refugee programs, application procedures, fees, and processing times.
Canada immigration lawyer in GTA Ontario

Kamal Akhtar (Immigration Lawyer)
Barrister, Solicitor & Notary Public
BCOM; MBA; LL.B; LL.M (York University, Toronto)

As the founder of this website and your guide through the complexities of Canadian immigration law, my academic credentials include a Bachelor of Law  (LL.B) and Master of Law (LL.M) from York University, Toronto, complemented by an Honours Diploma in Immigration Consulting. I am a lawyer licensed by the Law Society of Ontario (LSO). My affiliation with legal associations such as the Canadian Immigration Lawyers Association (CILA), the Canadian Association of Professional Immigration Consultants (CAPIC), the Canadian Bar Association (CBA), and the Ontario Bar Association (OBA) underscores my commitment to  immigration policies and practices. I share insights shaped by over 25 years of legal experience. Please note that information on this website does not constitute legal or professional advice.

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