Canada offers various Permanent Residency (PR) pathways for refugees and asylum seekers. These pathways provide protection and an opportunity to settle in Canada, eventually leading to permanent residence and citizenship. Here’s an overview of the main routes available for refugees and asylum seekers to obtain Canadian PR.
1. Refugee and Humanitarian Resettlement Program
The Refugee and Humanitarian Resettlement Program allows individuals who are outside of their home country and are facing persecution to be resettled in Canada. Refugees may be referred for resettlement by the United Nations High Commissioner for Refugees (UNHCR) or another referral organization.
- Government-Assisted Refugees (GARs): These refugees are supported by the Canadian government upon arrival. They receive financial assistance, as well as help with housing and integration into Canadian society.
- Privately Sponsored Refugees (PSRs): These refugees are sponsored by private groups, organizations, or individuals who will provide support for their settlement, including financial aid, accommodation, and social services.
- Blended Visa Office-Referred Refugees (BVORs): A combination of government and private sponsorship, where the Canadian government provides initial support, and private sponsors assist thereafter.
2. Asylum Seekers in Canada
Asylum seekers are individuals who claim refugee status upon arriving in Canada, seeking protection from persecution in their home country. The process begins when they apply for refugee status through the Immigration and Refugee Board of Canada (IRB).
How Asylum Seekers Can Obtain PR:
- Refugee Status Determination: If an asylum seeker’s claim is accepted by the IRB, they are recognized as a protected person under Canadian law.
- Permanent Residency Application: Once granted protected person status, asylum seekers can apply for PR through the Canadian Experience Class (CEC) under the Express Entry system or through the Protected Persons and Convention Refugees class.
3. Protected Persons and Convention Refugees Class
Individuals who are recognized as refugees or protected persons (such as asylum seekers whose claims have been approved) can apply for permanent residency under the Protected Persons and Convention Refugees class.
Eligibility Requirements:
- You must be a protected person in Canada (someone granted refugee status or asylum).
- You must apply for PR within five years of being granted protected person status, or before the expiration of your status, whichever is earlier.
4. Family Sponsorship
If you are a refugee or protected person, you may be eligible to have your family members (such as your spouse, children, or parents) sponsored for permanent residence in Canada.
Family members eligible for sponsorship include:
- Spouse or common-law partner
- Dependent children
- Parents or grandparents (under the family reunification program, subject to specific requirements)
5. Canadian Experience Class (CEC)
If you are a protected person or asylum seeker who has been in Canada for a while and has gained Canadian work experience, you may be eligible to apply for permanent residency under the Canadian Experience Class (CEC) through the Express Entry system.
Eligibility Requirements:
- You need at least one year of full-time work experience in Canada in a skilled occupation (NOC 0, A, or B) within the last 3 years.
- You must meet language proficiency requirements in English or French.
- After being granted protected person status, the time spent working in Canada can count toward the one-year requirement for CEC.
6. Provincial Nominee Program (PNP)
Several Canadian provinces and territories offer pathways for refugees and asylum seekers to apply for permanent residency through the Provincial Nominee Program (PNP). These programs allow provinces to nominate individuals for PR based on their skills, education, work experience, and ability to contribute to the local economy.
- Asylum seekers or refugees can apply for PNP once they have obtained protected status and met the eligibility requirements of the province.
7. Humanitarian and Compassionate (H&C) Grounds
This pathway allows people in Canada, including refugees and asylum seekers, to apply for permanent residency on humanitarian and compassionate grounds. The decision is based on the specific circumstances of the applicant’s situation.
Eligibility Factors:
- You must demonstrate that you or your family would face undue hardship if you were required to leave Canada.
- You must prove that granting permanent residency would be in Canada’s best interest, considering factors like your ties to Canada, family situation, and economic contribution.
8. Express Entry System for Refugees
If you are a protected person or refugee who has work experience in Canada, you can use the Express Entry system to apply for permanent residency. The system processes applications for three main federal economic immigration programs:
- Federal Skilled Worker Program
- Federal Skilled Trades Program
- Canadian Experience Class
Applicants in the Express Entry pool are given a Comprehensive Ranking System (CRS) score, which determines the likelihood of being invited to apply for permanent residency.
9. Work Permits for Refugees and Asylum Seekers
While waiting for PR status, refugees and asylum seekers may be eligible to work in Canada with an open work permit. Asylum seekers who are awaiting a decision on their claim can apply for an open work permit if they have been waiting for more than 180 days.
10. Citizenship for Refugees
After receiving Permanent Resident (PR) status, refugees and protected persons can apply for Canadian citizenship.
Eligibility Requirements:
- You must have lived in Canada for at least 3 out of the last 5 years as a permanent resident.
- You must meet language proficiency requirements.
- You must pass a citizenship test.
Key Takeaways:
- Refugees and asylum seekers can apply for PR through various pathways, including the Refugee Resettlement Program, asylum claims, and protected person status.
- If granted protected person status, individuals can apply for PR under the Protected Persons and Convention Refugees class or through other immigration streams like Express Entry or Provincial Nominee Programs.
- Family sponsorship is also available to reunite refugees with their loved ones.
- Work permits and Humanitarian and Compassionate grounds can provide additional pathways for PR.