Understanding Immigration Statuses in Canada: A guide to common terms used in the refugee process
When going through the immigration and refugee system in Canada, you may hear different terms that describe your legal status. These terms can be confusing, especially if you’re navigating them for the first time or in a new language. Below are some of the most common statuses, explained in plain language and with examples relevant to LGBTQI+ claimants.
An asylum seeker is a general, global term used to describe anyone who has left their home country and is asking for protection in another country because they fear persecution, violence, or serious harm.
In Canada, people seeking asylum are more commonly called refugee claimants once they start the legal process.
“Asylum seeker” is often used in international discussions, but it’s not the official term used by Canadian immigration law.
A refugee claimant is someone who has asked for protection from inside Canada and is waiting for a decision from the Immigration and Refugee Board (IRB). This includes people who:
- • Applied online through the IRCC portal while already in Canada
- • Made a claim at a Port of Entry (like the airport or land border)
- As a refugee claimant:
- • You have temporary status while your claim is being processed
- • You may receive:
- – Refugee Protection Claimant Document (RPCD)
- – A Work Permit
Health coverage under the Interim Federal - – Health Program (IFHP)
- • You do not have permanent status yet, and you cannot leave Canada during this time
You are legally allowed to stay in Canada while your case is being assessed, but your status could change depending on the final decision.
You become a Protected Person in Canada if the Immigration and Refugee Board (IRB) decides that:
- • You would face serious harm if returned to your home country
- • Your fear of persecution is credible and well-founded
There are two types of Protected Persons:
- • Conventional Refugee – someone who faces persecution because of their race, religion, political opinion, nationality, or membership in a particular social group (including LGBTQI+ identity)
- • Person in Need of Protection – someone who may not meet the conventional definition, but still faces torture, risk to life, or cruel and unusual treatment in their country
As a Protected Person:
- • You can stay in Canada permanently
- • You can apply for Permanent Residence (PR)
- • You are protected under international and Canadian law
You should not return to your home country once you’re a Protected Person. Doing so could risk losing your status.
A Conventional Refugee is someone who is granted refugee protection because they meet the internationally recognized definition under the 1951 Refugee Convention.
In most LGBTQI+ cases, people are granted protection under this category because they face persecution due to:
- • Sexual orientation
- • Gender identity or expression
- • Gender-based violence
- • HIV status (in some situations)
Once you are a Conventional Refugee in Canada, you are legally protected from deportation and have a clear path to Permanent Residence.
After receiving refugee protection, you can apply for Permanent Residence (PR) under the Protected Persons Class. This means:
- • You can live, work, and study in Canada permanently
- • You can apply for most government programs (including full healthcare, income support, and student loans)
- • You can sponsor certain family members in limited situations
- • You can apply for Canadian Citizenship after living in Canada for a certain period (typically 3–5 years)
The process of applying for PR is separate and takes time. It usually takes 1–2 years after receiving refugee status.
As a PR:
- • You will receive a PR Card
• You can apply for a Refugee Travel Document to visit other countries
• You cannot travel back to your country of origin unless you first obtain Canadian citizenship and a special exemption (which is rare)
Until you become a citizen, Canada still considers you a former refugee, and certain travel restrictions will apply.
Key Documents You May Receive During the Refugee Process
Understanding the purpose of each document and knowing what to expect can help reduce confusion and allow you to access essential services more efficiently.
- • Confirmation of Claim Submission (Port of Entry or Online Portal Receipt): This document confirms that your claim has been submitted and is being processed by Canadian immigration authorities.
- • Acknowledgement of Claim (AOC): This document formally acknowledges that you have submitted a refugee claim. It grants you access to certain services, including the Interim Federal Health Program (IFHP), income assistance (in some provinces), and the ability to apply for a work permit.
- • Refugee Protection Claimant Document (RPCD): This is a temporary identity document issued to you after your claim is found eligible. It serves as a form of government-issued photo identification and is often required when accessing healthcare or other public services.
- • Work Permit and SIN Eligibility Letter: Once your claim is determined eligible for referral to the IRB, you will receive documentation that enables you to apply for a work permit and a Social Insurance Number (SIN), allowing you to work legally in Canada.
- • Notice to Appear (NTA): This is an official notice informing you of the date, time, and location of your refugee hearing before the Immigration and Refugee Board.
- • Decision Letter: After your hearing, you will receive a written decision from the IRB indicating whether your claim has been accepted or refused.
- Protected Person Document: If your claim is successful, this document confirms your new immigration status and serves as proof that you are now a Protected Person in Canada.