The asylum and refugee application process in Canada is a federal matter, with the government of Canada overseeing the approval or rejection of residency applications. The decision is not based on the province, making it important to dispel the notion of a ‘best’ or ‘quickest’ option at the provincial level.
The most effective and expedited route to asylum is reserved for UNHCR-registered refugees residing in refugee camps after fleeing their home countries. Canada’s refugee resettlement and citizen sponsorship programs primarily aim to assist individuals in this specific category.
Asylum is also available for those who can substantiate meeting the international definition of needing protection due to fear of persecution for activities legal in Canada, such as practicing a different religion. While claims can be made within Canada, claimants must convincingly prove their eligibility for refuge.
It is crucial to clarify that seeking asylum is not an alternative to legal immigration. Unfortunately, this pathway is often misunderstood and misused, as some view it as a quick loophole to enter a country without meeting regular immigration requirements.
The whole process is managed by the federal Immigration and Refugee Board of Canada (IRB), and the asylum process is consistent across provinces. To embark on the asylum journey in Canada, it is vital to:
- Understand the eligibility criteria and the legal process for initiating an asylum claim.
- Compile evidence and documentation supporting the claim.
- Seek legal guidance from a qualified immigration lawyer or a registered immigration consultant.
- Submit the application promptly after arriving in Canada or meeting eligibility criteria.
Remember, seeking asylum is a serious undertaking and a valid basis for protection is essential. While Canada’s asylum system is designed to aid those in need, strict adherence to the legal process and cooperation with authorities during the application process are paramount.
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What are the advantages and disadvantages of seeking asylum in Canada with a PR visa?
Looking at your questions, you appear to have applied for PR in Canada and your application is in progress. You have now realized that if granted, this will mean significant upheaval for your four-member family and that you will be taking on a lot of responsibility to house your family and find a job. You’ve also picked up the idea that those who come as refugees and claim asylum get more assistance.
Yes, those who come as refugees get more assistance because they are usually fleeing a war zone or famine, have been in a refugee camp, and are destitute.
If you are able to successfully apply for PR, you are not a refugee and you are certainly not destitute. So you would not qualify for asylum. If you try making a false claim, it will end any hope of PR.
the distinction between a refugee/asylum claimant and an economic migrant seeking permanent residency (PR) in Canada is crucial, highlighting the vastly different circumstances and outcomes for each.
Refugee (Asylum Claimant)
- Forced to leave home, often spending years in a refugee camp and facing destitution.
- Lacks control over the future, with the best-case scenario being the expression of interest in resettling in Canada, but acceptance is uncertain and depends on luck.
- Registered with UNHCR as a refugee, making them eligible for acceptance by Canada. However, the overwhelming demand far exceeds the available spaces, with Canada accepting approximately 40,000 refugees annually.
It’s essential to note that attempting to claim asylum upon arriving in Canada can be challenging. Success requires solid evidence to meet strict refugee criteria. Many are turned away at the border, and even if their claim is heard, most face denial and deportation. Asylum claims are not a straightforward or easy route into Canada.
Economic Migrant (PR Applicant)
- Chooses to leave home for a planned move, supported by personal resources.
- Holds control over their future, contingent on meeting immigration requirements for Canada. Admission depends on education and skills, with no element of luck involved if all criteria are satisfied.
- Arrives in Canada with the means to support themselves and their family during resettlement. In 2020, approximately 160,000 immigrants to Canada are projected to be economic migrants, indicating more opportunities for this category.
Comparatively, being an economic migrant applying for PR in Canada by choice puts individuals in a significantly better position than refugees or those relying on an asylum claim. The controlled and planned nature of economic migration, coupled with ample opportunities for admission, underscores the advantages of pursuing immigration through established channels.
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How can a tourist in Canada apply for asylum?
Contrary to common belief, being a visitor does not preclude individuals from applying for refugee status in Canada. As long as the criteria for being a convention refugee are met, one can initiate an inland refugee claim. An example includes a Venezuelan tourist I am currently assisting, facing persecution in Venezuela for anti-Maduro activities. His family members are already in the U.S. under similar circumstances.
I know several former visitors who have become protected persons, permanent residents, or citizens of Canada. It’s essential to understand that the Immigration and Refugee Protection Act (IRPA) is explicit: visitors can indeed make inland refugee claims in Canada.
Which is a better approach for PR: entering Canada with a work visa or entering with a visitor visa to seek asylum?
Entering Canada with a work visa and qualifying for PR based on individual merits is a more advisable route than entering on a visitor visa and attempting to claim asylum.
To claim asylum successfully, one must provide evidence proving that they meet specific international requirements. Those without a valid claim face deportation. Many asylum claims by economic migrants are denied, given that very few countries produce valid refugees. Moreover, attempting to use a visitor visa to claim asylum can result in a ban for misrepresentation and the sharing of immigration data with the U.S., New Zealand, Australia, and the UK, making entry into those countries challenging.
Obtaining a work permit in Canada requires a valid job offer from a Canadian employer. Securing such an offer is challenging, as Canadian employers must demonstrate that no one in Canada can fill the job, considering Canada’s highly educated workforce. Consequently, obtaining a job offer in Canada can be difficult, making the work visa route a complex but more legitimate path to permanent residency.
FAQs on Asylum in Canada
Can I seek asylum in Canada from Nigeria?
Yes, it is possible to seek asylum in Canada from Nigeria. However, the approval is subject to providing substantial evidence such as hospitalizations, threats, or involvement in persecuted groups. It’s crucial to note that many individuals from Nigeria may be economic immigrants, and the asylum application may be denied.
How long does it take to get asylum in Canada?
The process typically takes around 2 years to receive a hearing with the Immigration Refugee Board. Afterward, there may be an additional wait of one to two years for a ruling. If approved, you attain “protected person” status, allowing you to apply for permanent residence.
Can I get asylum in Canada on a visitor visa?
While possible, entering Canada with a visitor visa and subsequently applying for asylum is generally discouraged. This approach may impact the credibility of the asylum claim, emphasizing the importance of honesty and transparency in the immigration process.
Who qualifies for asylum in Canada?
Individuals in the Country of Asylum Class are considered eligible if they have been seriously and personally affected by civil war, armed conflict, or massive violations of human rights, as determined by an Immigration Officer.
Can I apply for asylum in Canada at the airport?
Yes, you can request asylum upon arrival at a Canadian airport. Immigration officers from the Canada Border Services Agency will conduct necessary procedures, including photo and fingerprint verification, identity confirmation, security screening, and questioning.
Which province in Canada is best for asylum?
No specific province is deemed best for asylum seekers. The asylum application process is federal, and the rules remain consistent across provinces.
Can I work in Canada after asylum?
Yes, all asylum-seekers in Canada have the right to work. They can apply for a work permit by indicating their intent on the asylum application form.
Which country is best for asylum?
Germany, the UK, Sweden, Italy, and France are among the countries that attract a significant number of people seeking asylum for the first time.
What happens if asylum is denied in Canada?
Options after a denied claim include appealing to the Immigration and Refugee Board of Canada, applying for Judicial Review, seeking a Pre-Removal Risk Assessment, or applying for permanent residence based on Humanitarian and Compassionate grounds.
Can asylum seekers bring family to Canada?
Yes, Canada’s immigration rules provide avenues for refugees to reunite with immediate family members, classified as dependants, including spouses and unmarried children under 22 years old.
Can I go back to my country after asylum in Canada?
In some cases, the Immigration, Refugees and Citizenship Canada (IRCC) may allow refugees to return to their country if sufficient justification is provided, without the revocation of their status.
What benefits do asylum seekers get in Canada?
Asylum seekers in Canada may receive support through the Resettlement Assistance Program (RAP), including allowances for furniture, linens, basic household needs, staples, clothing, utility installation, and school start-up. Additionally, assistance loans may be available.
Can asylum seekers in Canada travel to another country?
Yes, asylum seekers can obtain a Refugee Travel Document from Passport Canada, recognized in all countries as a valid travel document. However, it cannot be used to travel to the country of citizenship or the claimed persecution.