visa and immigration مكتب هجره وتاشيرات

Published on: January 23rd, 2022
By: RCIC Maher Dery

Refugee and Asylum Applications

Refugee and Asylum Applications: Inside Canada vs. Outside Canada

Canada has long been a welcoming country for individuals seeking refuge due to fear of persecution or threats to their safety. There are different processes for applying for refugee protection, depending on whether you are applying from inside or outside Canada. At Eagle Immigration and Visa, we specialize in guiding individuals through the complexities of the refugee and asylum application process, whether you are already in Canada or seeking to apply from abroad.


What is Refugee Protection in Canada?

Canada provides refuge to individuals who are at risk of persecution due to their race, religion, nationality, membership in a particular social group, or political opinion. The Canadian government recognizes the importance of offering protection to those in need, whether they are inside the country or outside seeking to enter.


Applying for Refugee Protection Inside Canada

If you are already in Canada, you can apply for asylum or refugee protection through the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). This process involves making a claim for refugee status if you are in Canada and are unable or unwilling to return to your home country due to a well-founded fear of persecution.

Steps for Refugee Application Inside Canada:

  1. Make a Claim:

    • You must apply for refugee protection within Canada’s borders. This can be done after entering Canada either legally (with a visitor visa, work permit, etc.) or illegally (without status).
  2. Eligibility Interview:

    • After submitting your application, you will be interviewed by a Canadian immigration officer who will assess whether your claim is eligible for refugee protection.
    • If your claim is accepted, it will be referred to the Immigration and Refugee Board (IRB) for a full hearing.
  3. Refugee Hearing:

    • If referred to the IRB, you will have a hearing where you can present your case and explain why you fear returning to your home country.
    • The decision will be made by a member of the IRB who will determine whether you meet the criteria for refugee status.
  4. Work and Study Permits:

    • While awaiting a decision, you may be eligible to work or study in Canada if your claim is deemed eligible.
  5. Refugee Protection Decision:

    • If you are granted refugee protection, you will become a permanent resident of Canada.
    • If your claim is rejected, you may appeal the decision or apply for a judicial review.

Key Considerations for Inside Canada Applicants:

  • You must be physically present in Canada to apply for asylum.
  • Asylum seekers can be detained in certain cases, especially if there are concerns about their identity or immigration status.
  • Applicants can be issued work permits and access to healthcare while their claim is processed.

Applying for Refugee Protection Outside Canada

If you are outside of Canada and seeking refugee status, you will need to apply for refugee resettlement through the United Nations High Commissioner for Refugees (UNHCR), or through one of Canada’s resettlement programs. The process involves several steps and is typically longer and more complex than applying inside Canada.

Steps for Refugee Application Outside Canada:

  1. Resettlement Programs:

    • Refugee applications from outside Canada generally fall under Government-Assisted Refugees (GARs) or Privately Sponsored Refugees (PSRs).
    • GARs are refugees selected for resettlement by the Canadian government. PSRs are individuals who are sponsored by Canadian citizens or permanent residents to come to Canada.
  2. Referral to Canada:

    • The UNHCR, a private sponsor, or a Canadian embassy will refer your case for resettlement.
    • In some cases, you must first be identified as a refugee by the UNHCR, a local organization, or the Canadian embassy before being considered for resettlement.
  3. Application Process:

    • After being referred, the Canadian visa office will process your application for resettlement. You will need to submit detailed documentation, including proof of your refugee status, family composition, and identification.
  4. Medical and Security Checks:

    • As part of the application process, you will be required to undergo medical exams and security screenings.
  5. Interview:

    • If necessary, an interview will be conducted to assess the details of your case.
  6. Decision:

    • If approved, you will receive permanent resident status and be allowed to immigrate to Canada. This process typically takes longer than applying from inside Canada due to the extensive vetting process and availability of spots for resettlement.

Key Considerations for Outside Canada Applicants:

  • Applicants must be referred by the UNHCR or a private sponsor.
  • The process may take years depending on the availability of resettlement spaces.
  • Applicants must go through extensive background, health, and security checks.
  • Limited opportunities for applicants to work or study before arrival in Canada.

Key Differences Between Refugee Applications Inside and Outside Canada

Factor Inside Canada Outside Canada
Eligibility Must be physically present in Canada to apply. Must be referred by the UNHCR or a private sponsor.
Application Process Direct application to the Canadian authorities (RPD). Referral through the UNHCR or a Canadian visa office.
Timeframe Faster processing, though still lengthy. Longer processing due to referral, security, and medical checks.
Access to Work/Study Can apply for a work permit during the process. Limited access to work or study prior to resettlement.
Appeals Can appeal a negative decision to the Refugee Appeal Division. Appeals are more complex and less common.

Why Choose Eagle Immigration and Visa for Refugee Applications?

At Eagle Immigration and Visa, we are committed to helping individuals navigate the complex refugee and asylum process, whether inside or outside Canada. Our services include:

  • Assessing your eligibility for refugee protection.
  • Helping you gather the necessary documents and evidence to support your claim.
  • Guiding you through the interview process and the Refugee Protection Division hearing.
  • Assisting with the resettlement application if applying from outside Canada, including sponsorships and referrals.
  • Providing legal support throughout the process, including appeals and judicial reviews.

Start Your Refugee Application Today

Whether you’re seeking asylum from inside Canada or applying for resettlement from abroad, Eagle Immigration and Visa is here to help. Let us guide you through the process and provide the support you need to make your claim successful.

📞 Call or WhatsApp us at +962 777 626 232
🌐 Visit our website at www.visapres.com