Claiming Asylum in Canada
Canada respects its international obligations toward those who genuinely need help and protection. However, seeking asylum is not a shortcut to get around normal immigration rules and procedures. There must be legitimate reasons why you require asylum or it won’t be granted.
If you claim Asylum, you will face a rigorous process to determine whether or not you have a legitimate claim according to Canadian and international laws. This is to help make sure that all laws are followed to protect the safety, security and health of Canadians.
Every person seeking to enter Canada must appear for an examination at a port of entry to determine whether that person has a right to enter Canada, or may become authorized to enter and remain in Canada. If you would like to make an asylum claim in Canada, you can do so at a port of entry or at an inland Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) office.
CBSA or IRCC officials will determine if you are eligible to make a claim. Factors determining your eligibility to make a refugee claim include whether you have committed a serious crime, made a previous claim in Canada, or received protection in another country.
Irregular crossings into Canada
Some individuals enter Canada irregularly between designated ports of entry. This can be dangerous and is a violation of the law. For legal and personal safety reasons, you are encouraged to seek entry into Canada only at designated ports of entry.
People who are intercepted by the RCMP or local law enforcement after crossing the border irregularly are brought to the nearest CBSA or IRCC office, where an officer will conduct an immigration examination, including considering whether detention is warranted. At this point, individuals undergo health checks to address any immediate health needs, as well as security screenings to ensure that they do not pose a security threat to Canada and to determine whether they are eligible to make a refugee claim. These screenings include biographic and biometric checks (for example, fingerprinting). If required, a refugee claim will be started.
If the claim is determined to be eligible, it will be referred to the Refugee Protection Division of the Immigration and Refugee Board of Canada (IRB) for a hearing. In most cases, the foreign national will be released on terms and conditions while they await their hearing.
Receiving a decision on a refugee claim
Positive decision
Upon receiving a positive decision on their refugee claim, claimants receive protected person status with the full spectrum of federally funded settlement services becoming available to them. A positive Pre-Removal Risk Assessment decision also results in protected person status for the individual in most cases. This means that individuals can stay in Canada and apply to become a permanent resident in most cases.
Once you receive a positive decision, your team can assist you with your application for permanent residency. Contact us to get your application started.
Negative decision
If a claim is rejected by the Refugee Protection Division, individuals may be able to appeal the decision to the Refugee Appeal Division of the IRB. If individuals have no right to appeal to the Refugee Appeal Division, they can ask the Federal Court to review the decision.
Once all avenues of appeal have been exhausted, the conditional removal order that was issued at the time the refugee claim was initially made becomes enforceable in order to allow for the removal of the individuals.
To learn more about claiming asylum and how it fits with your situation specifically, please contact us at info@activeprofessionals.com.
10 Tips to Help You Get Settled in Canada
There is an excitement and nervousness that you feel when you first arrive in your new Country. You have arrived in Canada, and now you have so many questions. Where do you begin when it comes to getting settled?
Here are 10 tips which can get you headed in the right direction:
- Find your first home in Canada. Whether you decide to rent or purchase, having your first home will be a major accomplishment in your Canadian journey. Check out these top considerations when looking for a place to call your own.
- Shop for appropriate clothing. If you came from a tropical country, you will need proper winter clothing that will stand-up in colder temperatures. Items such as a winter jacket, winter pants, and winter boots – pick ones that are water proof and have good grip. You will also need gloves, scarves, warm socks and toques. Keep yourself warm and dry during the winter months.
- Open a Canadian bank account. Anyone can open a bank account in Canada if they meet the identification requirements set out in the Bank Act. A bank account lets you write cheques, use automated banking machines (ABMs), get paid through direct deposit, and use a debit or credit card for purchases. You can open an account even if you don’t have a job yet or money to deposit, or if you’ve been bankrupt.
- Apply for your Social Insurance Number (SIN) and Healthcare Card. This very important, and you should do it in your first week if possible. Learn how to apply for your SIN card and healthcare card.
- Find a Family Physician. Family doctors treat a wide range of conditions, and are often your primary care providers. In the long term, that means you will want to build a lasting relationship with a family physician. Developing such a relationship allows them to know your medical history inside and out, helping them make accurate diagnoses, watch for red flags regarding medications and monitor changes in your health through the years.
- Find a specialist or consultant for Newcomer’s to Canada. Building a relationship with an immigration specialist will provide you with a resource who can provide information and direction throughout your Canadian journey. They will give you advice, provide information and resources, as well as suggest next steps.
- Strengthen your English with free courses. If you’re a permanent resident or a protected person, you can take language classes at no cost to you. English is a confusing language with lots of words and phrases that are more common in speech than writing, and are typically restricted to a particular context. Practice will strengthen your English abilities and help you get better at identifying appropriate context. Learn more about these classes.
- Get educational equivalency. Being new to Canada it’s really hard to get your dream job right away. Submiting your Educational transcript for equivalency may be a stepping stone to get you there faster. After you receive your equivalency, take it to any college or university and show your IQAS result. The educational institute will decide what additional courses you need based on this information. The advantage of sending your educational documents to IQAS is you may not have to upgrade any additional English or Math, allowing you to start taking other courses right away.
- Make new friends or contacts. Join local sports groups, find a volunteer job, reach out to your new neighbours, or attends short courses. Meeting new people will help you get settled in your new life and can prove beneficial in a variety of areas from personal to professional.
- Find a job. Looking for a job in Canada is like a diving into a “deep blue sea”. Remember you are in a new country and accepting any job will help you overcome challenges that may come up during your settlement period. Stay motivated to reach your goals and you will be successful.
These stepping stones can give a starting point for settled in Canada and help you along the path to living your Canadian dream.
