Refugee Claims from inside Canada
How to apply for refugee status from within Canada: a step-by-step guide
Status as a refugee
Some people in Canada are granted refugee status because they fear persecution or would be in danger if they had to leave. Among the threats they may face are the following:
⦁ danger to their lives
⦁ the possibility of being subjected to harsh and unusual punishment or treatment
If you believe you may face one of these hazards if you return to your home country or where you typically live, you may be eligible for refugee status in Canada.
Who can seek for refugee status from within Canada?
The Safe Third Country Agreement is still in force.
The STCA has not been repealed. Individuals who enter Canada through a land port of entry are still ineligible to file a refugee claim and will be deported to the United States unless they fit one of the STCA’s relevant exclusions.
Who is eligible to submit a refugee claim?
⦁ You must file a claim for asylum in order to be considered a refugee.
⦁ It has to be in Canada
⦁ cannot be subjected to an eviction order
If you live outside of Canada, you may be eligible for assistance resettle as a refugee in Canada
Apply for one of our programs to immigrate to Canada.
If you file a refugee claim, we’ll determine whether it should be submitted to Canada’s Immigration and Refugee Board (IRB). The Immigration and Refugee Board (IRB) is an impartial tribunal that makes rulings on immigration and refugee issues.
If you have a refugee claim, you may not be able to have it referred to the IRB another country recognizes you as a Convention refugee to which you might return
In Canada, they were accorded protected person status.
⦁ crossed the border between Canada and the United States
⦁ have filed a refugee claim in another nation, as evidenced by data sharing
⦁ are barred from entering Canada because to security concerns, criminal behavior, or breaches of human rights.
⦁ made a previous refugee application that was denied
⦁ previously filed a refugee claim that was denied by the IRB
⦁ a previous refugee claim was abandoned or withdrawn
The IRB determines whether a person is a Convention refugee or in need of protection.
Conventional refugees are those who have fled their home country or the country in which they ordinarily reside. They are unable to return due to a well-founded fear of persecution based on their religious beliefs.
⦁ political viewpoints
⦁ being a member of a social group, such as women or persons with a specific sexual orientation
A person in need of protection is someone living in Canada who is unable to securely return to their native country. This is because they may face retaliation if they return.
the risk of torture
danger to their lives
the possibility of being subjected to harsh and unusual punishment or treatment
Agreement on a Safe Third Country
People who wish to file a refugee claim must do so in the first safe country they arrive in, according to a Canada-US agreement.
This means that if you enter Canada from the United States at a land port of entry, you will be unable to establish a refugee claim. This rule does not apply in all instances (for example, if you have family in Canada).
How to Apply for Refugee Status from Within Canada
Following your hearing,
The Immigration and Refugee Board of Canada (IRB) approves or rejects your refugee application after your hearing.
If the IRB approves your claim, you will be designated as a “protected person.” This implies you’re free to stay in Canada and apply to become a permanent residence.
You’ll have to leave Canada if the IRB rejects your claim. You may be able to appeal the IRB’s judgment depending on your circumstances. Other options may be available to you.
Work and study permits are required to apply for refugee status from within Canada.
While waiting for a decision on a refugee claim, you can work or study.
⦁ Make an application for a work permit.
⦁ Submit an application for a study permit.
⦁ Obtain a work or study permit extension
You can apply for a work or study permit while you wait for a decision on your refugee claim in Canada. You can submit both applications at the same time if you haven’t applied for refugee status yet.
Make an application for a work permit.
You can apply for a work permit separately if you already submitted your refugee claim but did not apply for one at the same time.
You must submit a copy of your refugee protection claimant document as well as proof that you are eligible for refugee protection.
You passed your medical exam for immigration.
To meet your fundamental needs, you’ll need a job (food, clothing, shelter)
The family members for whom you are asking permits are already in Canada.
When you’re waiting for a decision on your refugee application, there are no payments for these licenses.
Make sure we have your current address on file at all times to avoid delays. You can update your address on the internet.
Submit an application for a study permit.
You can apply for a study permission separately if you already submitted your refugee claim but did not apply for a permit at the same time. While you wait for a ruling on your claim, you can go to school with a study permit.
You must include a letter of acceptance from the institution with your application.
Children who are minors
To attend kindergarten, primary, or secondary school, minor children do not require a study permission.
Obtain a work or study permit extension
If you request for a work or study permit extension before it expires, you have the right to continue working or studying while you wait for a decision.
You can demonstrate your ability to work or study by displaying your
authorization to work or study has expired
proof of your request for an extension, which includes:
⦁ an electronic copy of your application
⦁ receipt for your fee
⦁ confirmation that it was received and delivered prior to the expiration of your permit
You must submit a fresh application and stop working or studying while you wait for a decision if you let your work or study permit expire before applying to extend it.