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Refugees and Asylum seekers
What you need to know
Canada may provide refugee status to people who have fled their home country due to a well-founded fear of persecution on account of their race, religion, social group, political opinion, gender, sexual orientation, or nationality.
In Canada, an Asylum Seeker
Asylum claims can be made by anyone who presents themselves to Immigration, Refugees, and Citizenship Canada (IRCC) or a Canada Border Services Agency (CBSA) office inside of Canada. The agent from the CBSA or IRCC will then decide whether or not the applicant is really seeking refuge. Applicants for refugee status in Canada will need to show they are fleeing persecution in their home country and pass a number of background checks related to their identity, their behavior, and their security before they will be accepted.
Sponsorship of Refugees
Sponsorship and resettlement assistance for refugees is provided by individuals, towns, and organizations across Canada. Sponsorship programs in Canada aid newly arrived refugees by facilitating housing placement, providing social and emotional support, and supplying necessities such as food and clothing.
Canadian citizens and permanent residents can form private sponsorship groups called "Groups of Five" to help resettle refugees in their communities. Sponsors in Canada must be over the age of eighteen and can only support refugees who already have refugee status in the country. The Blended Visa Office-Referred Program is a hybrid public-private initiative in which private sponsors work with the Government of Canada to sponsor a refugee designated by the UN Refugee Agency.
Companies and other groups can help the Canadian government by supporting refugees in a few different ways: as a Sponsorship Agreement Holder, as a Community Sponsor for refugees already living in Canada, or by participating in the Joint Assistance Sponsorship Program.
Decision Appealing
If your asylum petition is rejected, you will have to leave Canada and go back to your country of origin. However, after 15 days of obtaining the written judgment from the Refugee Protection Division, those whose applications have been denied may submit an application to appeal this decision to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada. After receiving the refusal letter, you have 30 calendar days to submit an Appellants Record. If an oral hearing is necessary, the RAD will make a decision on your appeal within 90 days.
HUMANITARIAN and COMPASSIONATE Grounds
What you need to know
Those who have been living in Canada illegally for at least three years and who meet the H&C criteria may be eligible to apply for permanent residency in Canada.
In order to qualify under this legal standard, petitioners must provide compelling evidence that they would face exceptional, unjust, or disproportionate hardship in the event that they were ordered to leave Canada.
The application will be reviewed based on the applicant's provided facts, and a determination will be made as to whether or not the applicant's individual circumstances warrant H&C consideration. Only in rare cases are applications for permanent residency based on humanitarian and compassionate grounds granted. A lengthy application process may take place over several years.
Your application's acceptance is not certain. If you are denied, you can appeal to Canada's Federal Court for a second opinion. The cultural and economic foundations of Canada play an important role in many domestic H&C applications.
Considerations must be made:
- Do they have a record of consistent employment?
- Is there a history of responsible budgeting?
- Has the candidate established themselves as a part of the community through volunteer work or other means?
- In the event that the visa exemption application is denied, what difficulties would arise?
- dependence on others, home country support and if there is any family or life in the country of origin
- the candidate's employment viability
- Whether or not there is a strong sense of permanence and establishment in Canada
When analyzing and reaching a decision on the circumstances of a foreign national making an H&C Application, immigration law also specifies a statutory need to take into consideration the best interests of the kid. This is a very compelling argument that may be made for H&C cases.
