A Look At Claiming Refugee Status In Canada

There are different means for a person to be able to enter Canada, and one of which (and probably not a very popular means) is by filing a claim as a refugee in Canada.

This program is offered to individuals whose life is in danger in their country of origin, and therefore cannot return or do not want to return because of the risk involved. The risk should be related to the person’s nationality, religion, his membership to a certain group, or his political opinion for him to qualify in the program.

When a person files for a refugee claim, immigration officials or the Immigration and Refugee Board of Canada will determine whether, indeed, he needs protection, and it is this that will determine whether his claim will be approved or not.

The process is stringent, so individuals are advised to be careful when filing a refugee claim and to ensure that their claim has sufficient merit. Why? Well, when a person files a refugee claim and it is refused, he can’t file a claim for a second time – even if the second claim has sufficient merit.

Once a person is refused a refugee claim, immigration will issue a removal order for the said person. And while there are instances when it’s easy to avoid leaving Canada by just moving to another place or city, the problem here is that the person will not qualify for any immigration-related application while inside the country – even a sponsorship by a Canadian spouse. That person will be placed under a “removal ready” status, and those with this status can apply neither for a refugee claim nor for sponsorship.

Other than a “removal ready” status and a previous application that was refused, there are other reasons a person might be refused when he files for a claim for a refugee status in Canada. Among these are the following:

* When that person is already granted a similar status by another country
* When that person has committed a crime
* When that person has filed a refugee claim in the past and withdrew it
* When that person arrives through the US-Canada border, due to the agreement that a person should file in the first country in which he arrives

A refugee claim is an effective means of moving to Canada, only if you have sufficient reason to do so. If, on the other hand, you are simply looking for a way to live an work in Canada, it would be better to apply under other programs such as the live in caregiver program or the family sponsorship in Canada program.


Disclaimer: The immigration article posted above does not substitute as a legal advice on immigration issues. If you need the services of a qualified Toronto or Alberta immigration attorney, email us and we will forward your inquiry to one of our immigration lawyers or you may consult a qualified immigration professional in your city or country. Use due diligence in doing so.

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