I'm in Canada
LGBTQIA+ people seeking asylum from within Canada or at a Port of Entry
If you are in Canada and fear returning to your home country because of who you are or who you love, you may be able to ask for refugee protection. Canada’s refugee system recognizes that people can face serious risks based on their sexual orientation, gender identity or expression, sex characteristics (SOGIESC), or HIV status.
At Rainbow Refugee, we believe that being informed can help reduce uncertainty and make a difficult process feel more manageable. This information isn’t meant to be read all at once; it’s here to guide you, step by step, as you consider your options.
Our office is based in Vancouver, and our programs focus on supporting LGBTQIA+ refugee claimants living in British Columbia. If you are outside B.C. or outside Canada, we’ve also included links to other organizations and resources that may be helpful.
Already a refugee or refugee claimant in British Columbia, Canada? Discover how we can support you.
What you need to know before applying for refugee
Under both Canadian and international law, you are entitled to apply for refugee protection if you fear persecution based on sexual orientation, gender identity or expression, or sex characteristics (SOGIESC). However, applying for refugee protection does not guarantee approval. Every claim is assessed individually based on:
- • Credibility of your story
• Evidence you can provide
• Legal definitions of refugee protection under Canadian law.
This is particularly important for individuals from countries that are assumed to offer state protection or where internal relocation may be considered reasonable (such as US, UK and EU-countries).
There are three government agencies that work with refugees. Each agency has different roles and responsibilities:
- • Immigration, Refugees and Citizenship Canada (IRCC)
- • Canada Border Services Agency (CBSA)
- • Immigration and Refugee Board of Canada (IRB)
These agencies are separate and do not automatically share information with each other.
Role of IRCC
IRCC is responsible for administering Canada’s immigration programs.If you start your refugee claim inside Canada, you submit your application to IRCC.IRCC will decide if you are allowed (eligible) to make a claim. If you are allowed, they will send your claim to the IRB-RPD.IRCC is also responsible for:
- • Work permits
- • Interim Federal Health Insurance
- • Permanent residence applications
Role of CBSA
CBSA is responsible for enforcing Canada’s immigration laws.If you start your refugee claim at a Port of Entry (land border, airport, or seaport) or from a detention centre, you tell a CBSA officer that you want to make a claim.After talking to you, CBSA may decide that you are allowed (eligible) to make a claim in Canada. They show you how to start your claim. CBSA will then send your claim to the IRB-RPD.CBSA also:
- controls Canada’s borders and decides who can enter Canada
- removes refugee claimants who cannot stay in Canada.
CBSA can put you in a detention centre if:
- • they cannot be sure of who you are,
- • they believe you are dangerous, or
- • they believe you will not follow immigration laws.
If you are put in a detention centre, you have the right to a lawyer or legal representative. There will be regular hearings to review your detention and decide if you can be released.See If You Are Detained for more information.
Role of the IRB
The IRB is responsible for making decisions on immigration and refugee matters.After IRCC or CBSA decides you can make a refugee claim they will send your claim to the IRB. The IRB is the main government agency responsible for reviewing and deciding your refugee claim. The IRB’s Refugee Protection Division (RPD) decides if you can get refugee protection in Canada.The IRB-RPD:
- • Reads your Basis of Claim (BOC) Form and your other documents and evidence
- • Conducts your refugee hearing
- • Decides whether to accept your refugee claim
The IRB has three other parts. You may also be involved with:
Keep your address up to date
Change your address with the IRB-RPD
There are two ways to give the IRB-RPD your new address or phone number:
- • Fill in the Notification of Client Contact Information form, or
- • Write a letter.
Be sure to include:
- • Your new address, phone number, or email.
- • Your name.
- • Your IRB File Number or your Client ID (called your UCI Number). These are on any letters from the IRB or on your Refugee Protection Claimant Document.
You can send the form or letter to the IRB by mail, fax, or email.
Change your address with IRCC
To change your address with IRCC, go to the Webform and follow the steps to put in your new address.Tips for filling in the Webform:
- • Where it says “Type of application/enquiry” select “Change of contact information.”
- • Find your UCI number on your Refugee Protection Claimant Document or on any letters from IRCC.
Change your address with CBSA
If CBSA is involved in your refugee claim you need to keep your contact information up to date with them as well. An officer will give you instructions on how and where to update CBSA if your contact information changes.
If you are from a country considered “safe,” it is essential to consult a qualified immigration lawyer or legal clinic before making a refugee claim. These claims are often met with greater legal complexity and a higher burden of proof. To better understand current trends and outcomes, you can consult the official Immigration and Refugee Board of Canada (IRB) website.While this data cannot predict the outcome of your claim, it can help you understand how claims from your country are generally assessed.
Visit IRB Refugee Protection Statistics for approval and refusal rates by country of origin, decision timelines, and yearly trends in refugee claim outcomes.
Your refugee (asylum) claim may not be eligible if you:
- • Are recognized as a Convention refugee by another country that you can return to
- • Already have protected person status in Canada
- • Are subject to a removal order
- • Have already made a refugee claim in another country
- • Are inadmissible to Canada on security grounds or because of criminal activity or human rights violations
- • Made a previous refugee claim in Canada that was determined to be ineligible
- • Made a previous refugee claim in Canada that was rejected, abandoned, or withdrawn
- • Entered Canada from the U.S. along the land border (see below)
If you meet the eligibility requirements, IRCC will send your claim to the Immigration and Refugee Board of Canada (IRB) for determination.
If you do not meet the eligibility requirements you will be referred to the Canada Border Services Agency (CBSA) for removal from Canada.
You can make a claim for refugee protection by speaking to an officer at any port of entry when you arrive in Canada, or at an inland office.
The officer from the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) will decide whether your claim is eligible to be referred to the Immigration and Refugee Board of Canada (IRB). If your claim is eligible, it will be sent (“referred”) to the Refugee Protection Division (RPD) of the IRB to start the claim for refugee protection process.
At a port of entry
If you make your claim at a port of entry, you will be given a Confirmation of Referral and a Basis of Claim form (BOC form) to complete. You must give your completed BOC form to the RPD no later than 15 days after the date your claim was sent to the RPD. At a later date, the RPD will send you a Notice to Appear for a Hearing that will tell you when and where your claim will be heard.
At an inland office
If you make your claim at an inland office, you must give your completed BOC form to the officer who decides whether your claim is eligible. That officer will give you a Confirmation of Referral. At a later date, the RPD will send you a Notice to Appear for a Hearing that will tell you when and where your claim will be heard.
At your hearing, an RPD decision-maker called a member will decide whether your claim should be allowed or not.
Getting a truthful and completed BOC form submitted on time
- • You must give information that is complete, true and correct in your BOC form.
- • You must provide this BOC form to the officer if you are claiming inland.
- • You must provide this BOC form to the RPD within 15 days of your claim being sent to the Board, if you made your claim at a port of entry.
- • You must make sure that the RPD receives all of the documents it asks you for, including your BOC form, on time.
Responsibilities regarding documents and hearing
- • You are responsible for obtaining and providing any documents that may support your protection claim. You must make arrangements now to get these supporting documents without delay.
- • You must go to your hearing.
- • You must read all of the documents the RPD sends you and make sure that the RPD receives an answer on time if one is asked for or is needed.
Keeping your contact information and your counsel’s contact information up to date with the IRB
- • You must give the RPD your current address and phone number. If you did not give your address to the CBSA or IRCC officer at your eligibility interview, you must give it to the RPD no later than 10 days after you receive your Confirmation of Referral.
- • If you move, you must give your new address to the RPD immediately.
- • If you have counsel, you must give the RPD your counsel’s address and telephone number immediately.
- • You must tell the RPD your new counsel’s contact information if you change counsel.
The Canada-U.S. Safe Third Country Agreement (STCA) helps both governments manage access to their refugee system for people crossing the land border.
Your claim may not be eligible if you entered Canada from the U.S.:
- • At an official land border crossing or,
- • Anywhere along the border, including rivers, lakes and other waterways, and made a refugee claim less than 14 days after the day that you entered
If you try to make a refugee (asylum) claim in Canada after entering from the U.S., you will be returned to the U.S. unless you meet an exception or exemption to the Agreement.
Learn more about what it means to enter Canada from the U.S., and how the STCA may affect you.
If you meet the eligibility requirements, IRCC will refer your claim to the IRB. The IRB is an independent administrative tribunal responsible for making decisions on immigration and refugee matters. The IRB determines if a refugee (asylum) claim is well-founded and if protection in Canada should be granted.
You will have a hearing with the IRB and will need to prove that you meet the definition of a Convention refugee or a person in need of protection.
To meet the definition of a Convention refugee, you must show that you are in Canada, and you can’t return to your home country or the country you normally live in because you have a good reason to believe you will be persecuted because of
- • You belong to a social group like the LGBTQIA+ community
- • Your race
- • Your religion
- • Your political opinion
- • Your nationality
To meet the definition of a person in need of protection, you must show that you can’t return to your home country because you will face a
- • Danger of torture
- • Risk to your life
- • Risk of cruel and unusual treatment or punishment
The IRB will also consider whether you could avoid persecution or harm by safely relocating to another part of your home country—this is called the internal flight alternative (IFA). If the IRB believes that it is reasonable for you to live safely in another region of your country, even if you were in danger in your original community, your claim may be refused.
You must show that there is no part of your country where you would be safe, and where relocation would be reasonable based on your personal circumstances.
If the IRB determines that you don’t meet the definition of a Convention refugee or a person in need of protection, that you have abandoned your claim, or accepts your request for withdrawal, you will have to leave Canada, or you will be referred to CBSA for removal from Canada.
Abandoning or withdrawing your claim means that you will not be able to claim asylum in Canada in the future.
You and every member of your family who is claiming asylum need to prepare some documents.
You will be asked to provide:
- • A complete copy of the IRB’s Basis of Claim (BOC) form
- -you can use the IRB’s Claimant's Guide to help you complete this form
- • A copy of your passport, travel document or other identification document
- •A Use of a Representative form (if you use a representative)
Optional documents:
You can provide other documents in support of your claim, including:
- • Identity documents
- • Proof of your arrival and entry to Canada
- • Proof of membership in political organizations, unions, or other groups
- • Police or medical reports
- • Business records
- • Proof of ill treatment, desecration, or looting
- • Any other documents that could support your claim for refugee protection
- • An explanation of any difficulties you had in submitting or providing information in the Portal
Prepare your documents
Before you use the portal, these are the important documents to have ready:
- •Your complete Basis of Claim (BOC) Form
- •Your passport or travel document
- •Use of a Representative form (if you have a representative)
- •Declaration – Authorization for representative to submit refugee claim through the IRCC Portal (if your representative is doing the claim for you)
Create your IRCC Portal account
Once you have your documents ready, you can go to the IRCC Portal to create an account.
How to start
Take the following steps:
- •Create an invitation code to sign up for an account.
- •Sign up for an account on the IRCC Portal.
- •Once you have signed into your account, click “Start an application” and then select “Make a refugee claim”.
You make just one IRCC Portal account for you and your family members. You, your spouse, and children will each have your own profile in the portal.
Use the IRCC Portal to make your claim
Once your account has been set up, you must begin to answer all the questions on the portal. In the portal, you will be asked about:
- • Your legal representative
- • Personal information
- • Contact information
- • Family
- • Travel history
- • Address history, including places you moved to or hid in
- • Education, work, and other activities
- • Security issues
- • Medical history
- • Details about your claim
Tip: Use the IRCC Portal Guide for more information about using the portal.
Documents
You need to submit documents through the IRCC Portal. Some documents are required, and others are optional.You need to send in PDF format:
- •Your complete BOC Form
- •Your passport or travel document
- • Use of a Representative form (if applicable)
- • Declaration – Authorization for representative to submit refugee claim through the IRCC Portal (if your representative is sending in the claim for you)
You can also upload other documents for your claim at this time. If you do not have a legal representative, it is a good idea to wait and do this later with your representative. Try to get legal help with your evidence. You have up to ten days before your hearing to send in evidence.
Tips for using the IRCC Portal
- • Get a lawyer or other legal representative to help you if you can.
- • Your answers must be in English or French. Stay in control of your answers if you have an interpreter. Ask them to read all the questions and answers back to you in your language.
- • Do not guess or make up dates. If you do not know the exact day for a Day/Month/Year date, you can put the first day of the month. Write a letter to explain that you did this.
- • You can also send a letter to explain if you had trouble using the portal and could not fill in some part of it properly.
You can use one account to start a refugee (asylum) claim for you and all of your family members.
To create an IRCC Portal account you must:
Get an invitation code
If it’s your first time using the IRCC Portal, visit the website to create an account. We’ll ask for your email address and send you an invitation code that you will need to sign up.
Sign up for a Portal account with your invitation code
After we send you your invitation code, use it to create your Portal account.
Once you sign into your IRCC Portal account, choose “Make a new refugee claim or continue a claim made to the Canada Border Services Agency (CBSA)”
If your family members are making claims with you, you will be able to add them and make a separate claim for each of them (and submit them all together).
Answer all the questions you see for you and your family members. If you need help completing your claim online, use the application guide. When you’re done, you’ll get a list of documents to upload.
You’ll also be able to upload copies of other documents to support your claim.
The Basis of Claim (BOC) form is the most important document in your refugee claim. In it, you give details about who you are and the reasons why you want protection in Canada.
To decide if you are a Convention Refugee or Person in Need of Protection, a Member of the IRB-RPD:
- •reads your BOC Form,
- •looks at your evidence, and
- •listens to what you say at your hearing.
The Member asks you questions about your BOC Form at your refugee hearing. You may be asked questions about what you included as well as what you did not include in your BOC Form. The information should match what you put on the other forms you completed when you submitted your refugee claim.
If you can, get a lawyer or legal representative to help you prepare the BOC Form and the other documents you send in.
Complete the Basis of Claim Form
To complete your Basis of Claim form you can either fill out the paper form, or fill it out on a computer and then print it out.
When you do your BOC Form:
- • Read the instructions on the BOC Form and in the Claimant’s Guide.
- • Write your answers in English or French. If you do not have strong English or French skills, find a good interpreter to help you.
- • Make sure you understand each question before answering it. Your answers must be true, correct, and complete.
- • Answer all questions on the BOC Form. Do not leave any questions blank.
- • Write “N/A” (Not Applicable) if a question does not apply to you.
- • If you are not sure about something, say this in your BOC Form.
- • If you need more space to answer a question, you can attach a separate piece of paper with more information.
- • Make sure the information on the BOC Form matches:
- - what you have said in any immigration interviews,
- - the information you put on other immigration forms, and
- - your narrative or any documents that you attach to your BOC Form.
- •Keep a copy of your BOC Form, and every other document or form that you send in.
- •You must do a separate BOC Form for each family member applying with you:
- - For children 6 years old or younger: Fill in only the “WHO YOU ARE” section of the BOC Form. A parent or the Designated Representative must sign the form.
- - For children 7 to 17 years old: Fill in all the sections in the BOC Form. A parent or the Designated Representative must sign it.
- - Children 18 years and older must sign their own BOC Form.
You may choose to write out your story on a separate sheet and attach it to the BOC Form. This is often called your BOC narrative.
Your narrative is your chance to give more details about your refugee claim, including why you left your home country and why you feel you cannot return. You do not have to do one, but it is a good idea.
Tip
Get your legal representative to help you with your narrative.
Before you begin writing your narrative, look through the questions in the BOC Form. Use these questions to help you plan what you say in your narrative. You should also look through any other forms and applications you gave to the Canadian government or notes from interviews you have had with immigration officers. Your narrative should match what you said or wrote already.
Here are some other tips for writing your narrative:
- • Tell the truth. Your narrative must be honest and correct. The IRB-RPD may reject your claim if they do not believe what you have said.
- • If anything in your narrative does not match what you already said or wrote, explain why.
- • Write about the important issues only. You do not need to repeat the basic facts (about your identity, family, education, jobs, and travel) that you put in your BOC and other forms, unless these details are important to show the risk you face in your country.
- • Keep your narrative well organized so it is easy to read for the IRB-RPD Member who decides your claim.
- • Remember that you need to explain the danger you would face in the future in your country and why you cannot go back, not only the events that happened in the past.
- • Describe how the past events affected the physical and mental health of you and your family.
When you write your narrative, keep in mind that the IRB-RPD Member is looking for the following information:
- • What danger would you face if you go back to your country? Who might hurt you? What threats or bad treatment have you faced? Name the people or the groups. Have other people like you had the same problems? Does everyone in your country face the same danger, or just you and a certain group of people?
- • Why do they want to hurt you? Is it because of your
- - race,
- - religion,
- - nationality,
- - political opinion, or
- - because you belong to a certain social group of people? (For example, women or people who identify as LGBTQ+.)
- • If you belong to an organization or any group of people in danger, describe the group. If it is helpful, give details about what you did in the group.
- • How would the people who want to hurt you find you if you return? Do they have a way to find you no matter where you go in the country? How will they know you are back?
- • Did you ask the police or other authorities for help? What happened? If you did not ask, why not? Do you know other people like you who asked for help? What happened?
- • Can you live safely in another part of your country? Why not? Do not just say that you do not have friends or family to live with.
- • Why did you choose to leave the country when you did? Did you leave right away? If not, why not?
- •If you went back after you left, explain why. Did you take steps to protect yourself?
- • If you went through another safe country before coming to Canada, explain why you did not make a refugee claim there. If you did make a refugee claim in another country, what happened?
- • Are there other reasons why you cannot return to your country? Medical reasons? Is it hard to find housing or jobs?
See Your Claim and the Legal Issues for more information.
Yes. If you find a mistake on your BOC form or realize that you forgot something important, or receive additional information, you must tell the RPD. Make sure to underline the information you changed or added, sign and date the changed pages, and send the original and one copy of all the pages that have been changed to the RPD. You must also provide a declaration stating that the information in the BOC form together with the changes and additions is complete, true and correct and that you understand that the declaration has the same force as an oath. The RPD will then forward a copy of those changed pages to the IRCC or the CBSA (whichever sent your claim to the RPD). The RPD must receive the new pages at least 10 days before your hearing.
You have the right to be represented during your refugee process in Canada. A representative can help you complete forms, submit documents, and prepare for your hearing. Your representative may be:
• A lawyer who is licensed and in good standing with a provincial law society
• An immigration consultant who is registered with the College of Immigration and Citizenship Consultants (CICC)
• legal aid worker or caseworker authorized by a recognized legal clinic
• In some situations, a trusted friend, family member, or community advocate can help with paperwork, but they may not speak for you during the hearing unless authorized
It’s important to choose someone who understands the refugee process and is acting in your best interest. If you’re working with a paid representative, they must be authorized by the Government of Canada. For free support, you can apply for legal aid in your province.
You may represent yourself. You are not required to have a counsel to represent you. However, you may decide that you want someone to help you present your case at your hearing. If a date has already been set for your hearing, ensure that the counsel you choose is available on the date of your hearing. You must also immediately give your counsel’s contact information in writing to the RPD and also to the IRCC or to the CBSA (whichever sent your claim to the RPD). Contact information means address, phone number, fax number and email address, if any. If you change counsel during your claim process, you must notify the RPD by completing a new Counsel Contact Information form.
Who can be counsel?
Your counsel may be:
- •a member in good standing of a provincial law society (lawyer or paralegal, in a province that allows paralegals to be members of the law society);
- •a member in good standing of the Chambre des notaires du Québec; or
- •an immigration consultant who is a member in good standing of the College of Immigration and Citizenship Consultants.
Only a counsel as described above can represent you at the RPD and charge you a fee. If you decide to hire a counsel, you must hire this person at your own expense. If you do not have enough money to pay for counsel, you may contact the legal aid office in your province to find out what help, if any, is available. Please refer to the list of provincial legal aid offices included in your Claimant’s Kit.
Your counsel must give the RPD the name of the organization they belong to, as well as their membership identification number, and must also complete the Counsel Contact Information form (IRB-101.02) included in your Claimant’s Kit. This form is also available on the IRB website.
Your counsel can also be a family member, a friend or a volunteer who may represent you without charging you a fee. In this case, you need to complete the Notice of Representation Without a Fee or Other Consideration form included in your Claimant’s Kit. This form is also available on the IRB website.
f you were represented by counsel for a portion of the claim process, but you decide that you are no longer going to be represented by that counsel, it is important to get all of the documents you need in order to be completely ready for your hearing.
We encourage you to keep a copy of the BOC form and all other documents, even if your counsel has a copy. If you did not keep a copy of those documents and were unable to get them from your former counsel, you may contact the RPD well before your hearing for copies of those documents.
If you have new counsel representing you, it is your responsibility to make sure that your new counsel receives all of the documents you have to support your claim. These include documents that were provided to your previous counsel by you, the RPD or the Minister (if the Minister is participating in your hearing).
Submitting your BOC Form on the IRCC Portal
If you are making your refugee claim on the IRCC Portal, combine your narrative and your BOC Form into one PDF file and upload it onto the portal. Remember, if you do not complete and submit your application within 90 days the portal will erase your information. Make sure you upload your BOC Form and submit your application before this happens.
Submitting your BOC Form directly to the IRB-RPD
If you started your claim with CBSA at a Port of Entry, you have 45 days from the day CBSA gives you the BOC Form to send it to the IRB-RPD. If your deadline falls on a Saturday, Sunday, or holiday, it is due the next workday (Monday–Friday). Do not miss this deadline! If you miss the deadline your refugee claim may be considered abandoned. If you need more time to complete your BOC Form you can ask the IRB-RPD for an extension of time. Be aware, there is no guarantee that an extension will be granted to you.
Your legal representative, if you have one, can use their online portal (MyCase) to send in your BOC.
After you submmit your claim
After you send in your claim online, IRCC will review it to make sure it is complete.
If it is complete, IRCC will:
- • Send you an Acknowledgement of Claim letter, which will help you get services and programs.
- • Send you a Medical Report form and instructions for getting an Immigration Medical Exam (IME).
- • Send you a letter about your next appointment.
If your claim is incomplete, IRCC will tell you what is missing.
IRCC may send you letters or notices about your application through your portal account. If this happens, you will get an email from IRCC telling you to check your account. Make sure you check your email regularly, including your spam folder, so you don’t miss anything from IRCC. Sign in to your account to see updates on your claim.
All refugee claimants must have an Immigration Medical Exam (IME) to ensure that there are no public health or safety concerns about you being in Canada. This medical exam is free. Your medical exam will not affect whether your claim is accepted or not.
Do not delay: you must have this exam before you can get a work permit.
What to take to your medical exam
When you go to your medical exam, take:
- • Your Acknowledgement of Claim letter if you have one
- • The Medical Report Form
- • An identity document, if you have one
- • Your eyeglasses or contact lenses, if you wear them
- • Any vaccination documents
- • Any medical reports or test results about medical conditions (including from the past). You must get these translated into English or French (with a declaration signed by the translator).
Your medical history and exam
You and each family member will have their own medical exam.
At the medical exam the doctor will ask questions about your medical history. Then the doctor:
- •weighs you and measures your height
- •checks your hearing and vision
- •takes your blood pressure and feels your pulse
- •listens to your heart and lungs
- •feels your abdomen
- •checks how your arms and legs move
- •looks at your skin
If the doctor needs to examine your breasts, they will explain how and why. You may also need to have chest x-rays and laboratory tests. You can ask to have someone with you during the exam.
The doctor will send the results to IRCC directly.
Tip: The medical exam must be done by a doctor who is approved by IRCC. Find a list of IRCC approved physicians in your area.
As part of your refugee claim process you will have your fingerprints and photos taken. These are your “biometrics.”
Biometrics appointment with CBSA at a port of entry
If you make your refugee claim with CBSA at a port of entry, your biometrics will be done right away.
The CBSA officer will take:
- •fingerprints of you and your family members (14 years of age or older)
- •photographs of all family members (14 years of age or older)
- •All passports and travel documents (and other identity documents such as birth certificates and driver’s licenses). CBSA will give you certified copies of any documents they take.
Biometrics appointment with IRCC in-land
If you make your claim through the IRCC portal, IRCC will send you a date for an appointment to take your biometrics. The names of the family members who need to attend the appointment will be on the notice. When you go to your biometrics appointment be sure to take:
- •Your passport and travel documents (and other identity documents such as birth certificates and driver’s licenses). IRCC will likely take your original documents. They will give you certified copies at your eligibility interview.
- •Your Acknowledgement of Claim letter.
- •Your biometric appointment notice.
- •Two passport-size photos for any children under 14 years of age.
Most refugee claimants are issued a Refugee Protection Identity Document (RPID), commonly known as the brown paper, and a work permit at their biometrics appointment. Please note that some people may receive their work permit later by mail.
At the biometrics appointment, trans, non-binary, and gender-diverse refugee claimants have the opportunity to request a change to their name and/or gender marker on their RPID.
Important: Please ensure you complete your medical exam before this appointment.
Not every claimant is invited for an eligibility interview, but if you are invited , a CBSA or IRCC officer may ask you questions to decide if you can make a claim in Canada. This is called an eligibility interview. This interview is not your refugee claim hearing, but your answers may be used later at your hearing to decide if you are granted refugee status.
They will ask you questions like:
- • Why did you come to Canada?
- • Who or what are you afraid of in your country?
- • What will happen to you if you go back to your country?
- • Have you ever been arrested or detained? (for any reason)
- • Have you made a refugee claim in another country?
- • In what countries do you have legal status or citizenship?
- • How did you travel to Canada?
- • Who helped you come to Canada?
- • Do you have relatives in Canada?
It is important to be honest with your answers. Do your best to make sure the information you give is correct. Ask if you do not understand something. If you do not know an exact date, say that to the officer and on the form. You may have to explain your answers at your refugee hearing.
If you need an interpreter during your eligibility interview, ask the IRCC or CBSA officer to provide you with one. It is important that you understand everything that is said and can communicate clearly.
Eligibility interview with CBSA at a port of entry
If you make your refugee claim at a port of entry CBSA is responsible for checking your eligibility. Your eligibility interview may happen right away at the port of entry.
Sometimes you may be asked to come back for your eligibility interview on another day. If this happens, CBSA will give you an Acknowledgement of Claim letter. This shows you have started your refugee claim. It is very important to return for your eligibility interview on the date you are asked!
A CBSA officer might also tell you to complete your application on the IRCC Portal from inside Canada. After you submit your application you will receive instructions for attending an eligibility interview with IRCC at a later date.
At your eligibility interview, if the CBSA officer decides you are allowed to make a refugee claim they will give you a:
- •Refugee Protection Claimant Document (RPCD). This proves who you are and that you are a refugee claimant. With an RPCD, you can get medical services through the Interim Federal Health Program and other services and benefits in Canada. This form has your Unique Client Identifier (UCI) number on it.
- •Confirmation of Referral letter. This shows that CBSA has sent your file to the IRB-RPD for processing. The IRB-RPD will give you a hearing date once they review your file.
- •Medical Report form. This tells you about the Immigration Medical Exam (IME) you must have completed within the next 30 days.
- •Claimant’s Kit. This has:
- certified copies of the identity and travel documents that CBSA took from you,
- a Claimant’s Guide,
- copies of the forms you completed (if any),
- instructions to complete the application forms if you did not fill them out in person, and
- information from your interview. CBSA also sends these notes to the IRB-RPD.
- • Basis of Claim Form (BOC) (one for each family member). You must fill in and send your BOC Form to the IRB within 45 days. (The form might say 15 days but this is no longer true.)
- • Removal order. This is given to all refugee claimants. It is only enforced if your claim is refused.
Eligibility interview with IRCC in-land
If you make your refugee claim inland, you submit your application forms and BOC through the IRCC Portal. After this, you will receive a date for your eligibility interview from IRCC.
At the eligibility interview an IRCC officer will:
- • Look at your application forms and all the information from the IRCC Portal and ask you questions about the information you gave.
- • Check the names, dates, places of birth, and contact information of your family members.
- • Ask questions to decide if you can make a claim.
At your eligibility interview, the IRCC officer may decide you are allowed to make a refugee claim. The officer will then give you a:
- •Refugee Protection Claimant Document (RPCD). This proves who you are and that you are a refugee claimant. With an RPCD, you can get medical services through the Interim Federal Health Program and other services and benefits in Canada. This form has your Unique Client Identifier (UCI) number on it.
- •Confirmation of Referral letter. This shows that CBSA has sent your file to the IRB-RPD for processing. The IRB-RPD will give you a hearing date once they review your file.
- •Claimant’s Kit. This has:
- the certified copies of the identity and travel documents that IRCC took from you,
- a Claimant’s Guide,
- information from your interview. IRCC also sends these notes to the IRB-RPD.
- • Basis of Claim Form (BOC) (one for each family member). You must fill in and send your BOC Form to the IRB within 45 days. (The form might say 15 days but this is no longer true.)
- • Removal order. This is given to all refugee claimants. It is only enforced if your claim is refused.
The IRCC officer will explain the next steps in the claim process.
After a successful eligibility interview, you will wait for your refugee hearing with the IRB-RPD. Start thinking about what evidence you can get to support your claim.
Who may not be eligible to make a refugee claim
At your eligibility interview, the CBSA or IRCC officer may decide you cannot make a refugee claim in Canada. You may not be eligible if:
- •You are a Convention refugee in another country that you can go to.
- •You made a refugee claim in the United States, the United Kingdom, Australia, or New Zealand.
- •You were already told by Canada that you cannot make a refugee claim.
- •You made a refugee claim in Canada that was withdrawn, abandoned, or rejected.
- •You have been identified as dangerous or a criminal, or you have broken human rights laws.
- •You were already given status in Canada as a protected person.
- •You were ordered by Canada to leave the country.
- •At a United States-Canada land border, you could not enter because of the Safe Third Country Agreement (STCA).
If you are not eligible to make a refugee claim, you will be given a removal order with instructions to leave Canada. Ask a legal representative if there are other ways for you to stay in Canada.
While you wait for the Immigration and Refugee Board of Canada (IRB) to schedule your hearing and make a decision on your refugee (asylum) claim, you can work, study, and access support services.
If your claim is eligible
If your claim is eligible to be referred, we’ll give you a confirmation of referral letter that confirms we referred your claim to the IRB. We’ll also give you a refugee protection identity document (RPID), which confirms who you are and that you made a refugee claim.
These documents will help you
- •prove you made a refugee claim in Canada
- •access the Interim Federal Health Program
Lost refugee protection identity document
If you lose your RPID while waiting for a decision on your claim, you can apply to replace it.
Work while you wait for a decision on your claim
If you’re making a refugee (asylum) claim, you may be eligible for an open work permit so you can look for a job to support your needs (food, clothing, and shelter).
If your family members are also in Canada with you, are part of your refugee (asylum) claim, and plan to work, they may also be eligible for an open work permit.
When you answer the questions in your online application, choose “Yes” when asked if you would like to request a work permit. There is no separate application or extra fees to apply.
You will only be issued a work permit if:
- • your claim was found eligible to be referred to the IRB
- • you have passed your medical exam
As soon as you receive your work permit, you should apply for a Social Insurance Number (SIN) (required by employers to pay employees). Once you have your SIN, you can look for a job locally and register for Job Bank.
Keep your information up to date
To avoid delays, make sure we always have your current address and contact information. If needed, you can update your information online.
Study while you wait for a decision on your claim
Minor children don’t need a study permit to go to kindergarten, elementary, or secondary school. Their refugee protection identity document or refugee protection claimant document can be used for school registration.
A study permit lets you to go to school while you’re waiting for a decision on your claim. You and any of your family members who also made a refugee (asylum) claim may be eligible for study permits.
How to apply for a study permit
If you or any of your family members want to study while you’re in Canada, you must apply online for a study permit. You must have a letter of acceptance from a designated learning institution to apply. You can’t request to apply for a study permit as part of your refugee (asylum) claim. You must apply for a study permit and pay the fees.
As a refugee (asylum) claimant, you have access to healthcare through the Interim Federal Health Program (IFHP), which includes:
- •hospital services
- •services from health care professionals
- •vision and emergency dental care
- •prescription medications
You will also be covered for one Immigration Medical Exam (IME) and any necessary IME-related diagnostic tests.
This coverage lasts until you obtain provincial or territorial health insurance or leave Canada.
IFHP coverage will be cancelled automatically if you withdraw your claim or if the IRB declares your claim abandoned.
Gender-affirming care refers to healthcare and services that support a person’s gender identity, especially when it is different from the sex they were assigned at birth. This care is important for the well-being, mental health, and dignity of transgender, non-binary, and gender-diverse people.
It can include:
• Hormone therapy: Taking medications like estrogen or testosterone to develop physical traits that align with one’s gender identity.
• Gender-affirming surgeries: Such as top surgery (chest reconstruction), bottom surgery, facial surgeries, or other procedures that help people feel more comfortable in their bodies.
In Canada, if you are a refugee claimant, many of these services are covered by the Interim Federal Health Program (IFHP).
If you are a refugee claimant living with HIV, your HIV-related medical care and medication are fully covered under the Interim Federal Health Program (IFHP).
IFHP Covers:
• Antiretroviral therapy (ART) – daily HIV medications to keep you healthy
• Regular blood tests and monitoring (e.g., viral load, CD4 count)
• Appointments with doctors or specialists
How to Get HIV+ Medication:
• Make sure you're registered for IFHP after submitting your refugee claim.
• Go to a clinic that accepts IFHP.
• A doctor will assess your health and give you a prescription.
• Take your prescription to a pharmacy that accepts IFHP, along with your IFHP documents and Identification.
Important Tips:
• IFHP will pay 100% of the cost for HIV medication if the pharmacy is registered with Medavie Blue Cross (the IFHP provider).
• You do not need to wait for permanent residence to access this care.
• It’s safe and confidential—your HIV status will not affect your refugee claim.
While you wait for the Immigration and Refugee Board of Canada (IRB) to schedule your hearing and make a decision on your refugee (asylum) claim, you can work, study, and access support services.
Preparing for your hearing
Your hearing is an important moment in the refugee protection process because the hearing is usually when the RPD decides whether you are a Convention refugee or a person in need of protection.
How will I know when my hearing will be held?
The RPD will send you a Notice to Appear for a Hearing, which will tell you when and where to go. This notice will also tell you the time when your hearing will start and the time you must arrive. Please make sure that you follow the instructions you get with the Notice to Appear. Please tell the RPD if your address or telephone number changes, so that you receive all of the RPD's notices and letters. You may use our Notification of Client Contact Information form, which can be accessed from our website at http://www.irb-cisr.gc.ca/en/forms/Pages/IrbCisr10101.aspx.
The RPD makes every effort to contact counsel and arrange your hearing on a date when you and your counsel are available.
Once a hearing date has been set, you and your counsel (if you have one) must be ready for the hearing on that date. However, in some cases, you can apply to the RPD to change the date and time of your hearing.
The RPD expects claimants to be ready to proceed on the date set for their hearing. The RPD will only agree to change the date or time of your hearing if there are exceptional circumstances. For example, it may agree if you are a vulnerable person who needs accommodation, if there has been an emergency or if something happened outside your control and you did everything you could to continue with your claim.
If you apply to change the date and time and do not receive an answer or if your application to change the date and time is refused, then you must go to your hearing on the date and time set by the RPD.
If you have been told that the IRCC or the CBSA will be participating in your hearing, you must send a copy of your application to change the date and time to the IRCC or CBSA representative.
When you give your original application to the RPD, you also need to include a written statement on how and when you gave a copy of your application to the IRCC or the CBSA.
You can apply to change the date or time of your hearing only if you have a very good reason why you cannot be there on the date set by the RPD. You must apply in writing immediately after receiving the Notice to Appearfor a Hearing with your hearing date. The RPD must receive your application at least three working days before the date set for your hearing. If your hearing date is less than three working days away, you must go to your hearing and apply in person.
In your application, you must explain why you want to change the date or time of your hearing. You must also give at least three new dates and times when you will be available for your hearing. These three new dates must be no later than 10 working days after the hearing date set by the RPD.
If the reason you want to change your hearing date is medical, you must attach a medical certificate to your application. This certificate must:
- •be recently dated;
- •be signed by a qualified medical practitioner;
- •have the name and address of the medical practitioner printed or stamped on it;
- •give the details of your medical condition, but not the diagnosis; and
- •give the date when you will be able to go to your hearing.
If you cannot provide a medical certificate, you must include in your application:
- •particulars of any efforts you have made to obtain the required medical certificate, supported by corroborating evidence;
- •particulars of the medical reasons for the application, supported by corroborating evidence; and
- •an explanation of how your medical condition prevents you from attending the hearing.
If you want to change the language or dialect of interpretation that you chose in your BOC form, you must tell the RPD in writing at least 10 days before your hearing and include the new language and dialect you want to have interpreted.
You must give the RPD documents that support your claim. Therefore, you should begin gathering evidence to support your claim as soon as possible.
You must show the RPD evidence of who you are by giving the RPD high-quality copies of official documents with your name and date of birth on them (“identity documents”). For example, you can give a passport, national identity card, birth certificate, school certificate, driver’s licence, military document, and professional or religious membership card.
Along with identity documents, you can submit other high-quality copies of original documents that you feel are relevant to your claim, including proof of membership in political organizations, medical or psychological reports, police documents, business records, news clippings, visas and travel documents (airplane, train or bus tickets).
It is not necessary to provide the RPD with your original documents but you must be ready to produce them when requested by the RPD. You must also bring your original documents to your hearing.
If you do not provide identity documents or other documents in support of your claim, you will have to explain at your hearing why you do not have them and show that you did everything to try to get them.
The documents you provide must be typed in at least 12‑point font or be photocopies of original documents. All documents should be printed on 8½ in. by 11 in. (21.5 cm by 28 cm) paper, and all photocopies must be clear and easy to read. Make a list of all the documents you are attaching. The pages of your documents must be numbered consecutively (i.e. 1, 2, 3, 4…), as if they were one document.
You must attach copies of all of the documents that you have to support your claim to your BOC form. Include certified translations in English or French for all documents that are in a language other than English or French.
If you get more documents that support your claim after you provided your BOC form, you must immediately give two copies to the RPD. Copies of these additional documents must be received by the RPD at least 10 days before your hearing. It is best for you to send your documents to the RPD as soon as you get them.
You can provide your documents in person, by mail or by courier. If you have fewer than 20 pages in total, you can also provide them by fax.
If your documents are not in English or French, you must have them translated into the official language (English or French) that you chose for your hearing. You must provide the translations and a translator’s declaration to the RPD with the copies of the documents. The translator’s declaration must include:
- •the translator’s name;
- •the language and dialect, if any, translated;
- •a statement that the translation is accurate; and
- •the signature of the translator.
The IRB produces a National Documentation Package (NDP) for every country. The NDP is a compilation of publicly available documents that report on country conditions such as political, social, cultural, economic and human rights conditions. Each NDP provides full citations to help you locate the documents that are not available on the IRB website.
In addition, where possible, links are provided to the documents available on the website of the organization that published the document.
It is your responsibility to go to the IRB website to review the documents in the NDP for your home country as the RPD may consider them when deciding your claim. Alternatively, a paper copy of the NDP may be viewed at any IRB regional office.
It is also your responsibility to check the IRB website for the newest version of the NDP for your home country prior to your hearing.
A link to the NDPs is available on the homepage of the IRB website located at http://www.irb-cisr.gc.ca.
The RPD may decide to use other documents as well, for example, reports produced by the IRB Research Directorate, media articles or reports from human rights organizations. Copies of any additional documents which the RPD finds useful will be sent to you before your hearing.
You must show that you are a Convention refugee or a person in need of protection.
- • You are considered a Convention refugee if you have a well-founded fear of persecution in your home country (your country of nationality or, if you do not have one, the country where you usually lived in the past) based on your race, religion, nationality, membership in a particular social group or political opinion.
- • You are considered a person in need of protection if you would be subjected personally to a danger of torture, to a risk to your life or to a risk of cruel and unusual treatment or punishment if you were returned to your home country.
Some people are excluded from refugee protection, which means that they cannot be considered Convention refugees or persons in need of protection. Excluded people include people who have committed a serious, non-political crime outside Canada, a crime against peace, a war crime or a crime against humanity, or people who are guilty of acts that are contrary to the purposes and principles of the United Nations.
It also includes people who lived in a country where they have rights and obligations that are similar to those of a citizen of that country.
Yes, Ready Tours are available at RPD hearing locations. The tours are done in collaboration with regional non-governmental organizations (NGOs) and last approximately 60-90 minutes. These information sessions, which are free of charge, offer refugee claimants:
- • A tour of an RPD hearing room
- • Information about what will occur at the hearing
- • Information about how to prepare for the hearing
- • Information about who participates in the hearing
- • Information about mandatory deadlines
- • An opportunity to ask questions about the refugee determination process
More information on Ready tours can be found on the IRB website.
The day of the Hearing
Since October 2023, all Refugee Protection Division (RPD) hearings are virtual (online) by default. If you are a refugee claimant and would prefer an in-person hearing, you must contact the IRB and explain your reasons for the request.
The RPD will provide an interpreter at your hearing at no cost to you. If you need an interpreter, you must write the language and dialect you want to use in the “Language and Interpreter” section of your BOC form. The interpretation will be provided between the language and dialect you choose and the official language of Canada (English or French) you choose in the same section of your BOC form.
Interpreters must keep your personal information confidential. If at any time during the hearing you have trouble understanding the interpreter, tell the member immediately.
If your children are also claiming refugee protection and are 12 years of age or older, they must come to the hearing. Young children under the age of 12 who are accompanied by an adult making a refugee protection claim will not be required to appear before the RPD unless the presiding member requires their attendance. When a member determines that it is necessary for a young claimant to attend the hearing, for example, the claimant and their designated representative will be informed at the earliest possible opportunity so families can make the necessary arrangements.
Usually, young children only need to be there at the beginning of the hearing, in order to show evidence of who they are and to make sure they are properly represented by their parents, their legal guardian or another designated representative. After this, they may be allowed to leave the hearing. Please bring someone you trust with you to take care of your children in the waiting room while you finish the hearing.
In some situations, older children will need to participate in the hearing. If you have concerns or questions about your child participating in the hearing, contact the RPD before your hearing or raise your concerns with the member at the hearing.
You may bring witnesses to your hearing if you think this will help your claim. A witness is a person who knows about your claim and can provide information that will help the member make a decision. Witnesses must be ready to answer questions about the information they provide at your hearing (this is called testifying or giving testimony).
At least 10 days before your hearing, you must give the RPD the following information about each witness, in writing:
- •their contact information (address, telephone number and fax number);
- •a short statement on the purpose of their testimony and what it will be about;
- •how long their testimony will take;
- •your relationship to the witness;
- •whether you want them to testify in person, by videoconference or by telephone; and
- •whether they need an interpreter, and if so, the language and dialect they will use.
If the witness is an expert, you must also give information about their qualifications and include a report that is signed by the witness and summarizes their testimony.
If you have been told that the IRCC or the CBSA will be participating in your hearing, you must give a written copy of the information above to the IRCC or CBSA representative. You also need to give the RPD a written statement on how and when you sent the witness information to the IRCC or the CBSA.
It is your responsibility to make sure your witnesses come to your hearing.
- •You will take a solemn affirmation
Before you testify, you must make a solemn affirmation, which is a promise to tell the truth. - •You will testify
You will then be asked questions first by the member, and then by your counsel. If the IRCC or the CBSA is participating in your hearing, the Minister’s counsel will ask you questions before your own counsel does. If you do not have counsel, the member may ask you more questions and give you an opportunity to tell the member what you think is important.If the CBSA is participating in your hearing because the Minister is claiming that you should be excluded from refugee protection, the Minister’s counsel will ask you questions, followed by the member and then your counsel, if you have one.
- •Witnesses will testify
If you bring any witnesses, they will testify after you have testified. Any witnesses you bring to your hearing will be asked to stay in the waiting room and will not join the hearing until after you have testified. The witnesses will then be asked to come in to answer questions one by one. - •Comments (representations) will be made about your case
After you and any witnesses have testified, the member will ask you or your counsel to explain why you think the evidence shows that you are a Convention refugee or a person in need of protection. If the IRCC or the CBSA is participating, the member will give the Minister’s counsel an opportunity to comment on your case as well. - •A decision will be made
The RPD member will decide whether you are a Convention refugee or a person in need of protection. The member will tell you the decision and the reasons for the decision orally at the end of the hearing, unless it is not possible to do so. In that case, you will receive the decision later by mail.
What happens after the decision?
Refugee claims in Canada—Options for refused applicants
On 23 July 2015, the Federal Court rendered a decision impacting the right to appeal to the Refugee Appeal Division of the Immigration and Refugee Board (IRB) of Canada. Please check the IRB website for more information.
If you are in Canada and have had either a refugee claim or a permanent resident application refused, there may still be options for you.
Canada does not want to send people back to a country where they will be in danger or would face the risk of persecution. It is not guaranteed, however, that an applicant will be found eligible under any of these processes.
Find out if you can use any of these options to stay in Canada:
- • Pre-removal risk assessment
If you are told to leave Canada, you may be able to apply under this process. If so, an officer reviews the documents related to your case and any other evidence. - •Apply to the Refugee Appeal Division at the Immigration and Refugee Board of Canada
If you received a negative decision on your refugee claim, you may be able to appeal to the Refugee Appeal Division (RAD) at the Immigration and Refugee Board of Canada. But some failed claimants are not eligible to apply. Find out more about the RAD. - •Apply to the Federal Court of Canada for judicial review
You can ask the Federal Court of Canada to review the decision made on your case. - •Humanitarian and compassionate grounds
In some exceptional circumstances, people are allowed to become permanent residents under these grounds.
If the Immigration and Refugee Board of Canada (IRB) accepts your claim, you get "protected person" status. This means you can stay in Canada, and you can apply to become a permanent resident of Canada.
What Is My Status After the Hearing?
If you received a positive decision at your refugee hearing, congratulations — this is a significant milestone. From this point forward:
• You are officially recognized as a Protected Person under Canadian law.
• Internationally, your status is that of a Convention Refugee under the 1951 Refugee Convention.
• This means you have legal protection in Canada and cannot be removed to your country of origin or any place where you would face persecution.
As a Protected Person, you are allowed to:
• Live and work in Canada legally
• Access healthcare, education, and social services
• Apply for a Refugee Travel Document (not a passport)
However, you are not a Permanent Resident (PR) yet. You must now take steps to secure your long-term future in Canada.
What You Need to Do Next
• Submit an application for Permanent Residence (PR) through Immigration, Refugees and Citizenship Canada (IRCC).
• You can include eligible family members in your application if they are in Canada or abroad.
• Apply as soon as possible. Delays can affect your access to certain benefits and your ability to travel or reunite with family.
What Not to Do After Your Hearing
To protect your status and avoid delays or legal problems, please be aware of the following:
Do Not Assume You Are a Permanent Resident Already
• A positive refugee decision does not grant you PR automatically.
• You must apply separately for Permanent Residence as a Protected Person.
• Without PR, you may not qualify for certain programs, including some student loans or financial aid.
Do Not Use Your Home Country Passport or Travel to Your Country of Origin
• Using your old passport may be seen as requesting protection from your home country again, which can result in the loss of your refugee status.
• Do not return to your country of origin for any reason. Talk to a lawyer if you are planning to go back.
• To travel internationally, apply for a Canadian Refugee Travel Document and confirm that each destination or transit country recognizes it.
Do Not Travel Without Proper Authorization
• Always check whether the countries you plan to visit or transit through accept the Canadian Refugee Travel Document.
• Some countries may not recognize this document or may confuse it with other types of refugee travel documents. Make sure it specifically states Canadian.
• Contact the embassy or consulate of every country you plan to visit in advance.
Do Not Ignore Expiring Documents
• Keep track of the expiration dates for your work permit, health coverage, and identification documents.
• Keep your Refugee Protection Claimant Document (brown paper) safe and up to date.
• If your address or contact information changes, notify IRCC right away.
• Continue renewing your work permit until you obtain Permanent Residence.
You don’t need a lawyer to apply for permanent residence, unless you want to. Many people choose to complete the application themselves.
If you'd like support, one option is to fill out the application on your own and then pay a lawyer for an hour or two to review it before you submit.
To help you get started, here are some helpful videos that walk you through the process step by step:
Instruction Videos: PR
Part 1: Intro - Finding Documents: https://youtu.be/6jjdjpzUraQ?si=WLtS5oN2apeLgESi
Part 2: Generic - Schedule A Form: https://youtu.be/OK_9cp57HAs?si=FACeKEpvO2rvkmdS
Part 3: Schedule 14 -Additional Family Information Form: https://youtu.be/Vf68yoNLTeI?si=utD_ewn17KtCawA6
Part 4: Paying Fees - Submitting Application Package: https://youtu.be/UK6ADKOzsk0?si=wnDQu4CgciqzGv6k
If you have been accepted as a Protected Person in Canada, you may be eligible to apply for a Refugee Travel Document (RTD) through Immigration, Refugees and Citizenship Canada (IRCC). This document allows you to travel internationally but comes with important limitations and responsibilities.
Please note that to travel inside Canada, you don't need a travel document; the ID from your province or driver's license will be enough.
What Is a Refugee Travel Document?
A Refugee Travel Document is issued by the Government of Canada to individuals who cannot safely obtain a passport from their country of origin due to a well-founded fear of persecution. It acts as a substitute for a passport and is required for international travel outside Canada.
However, it is not the same as a Canadian passport and does not offer the same travel rights. Many countries may not recognize this document or may apply special conditions to its use.
Validity of the Document
• If you are not yet a Permanent Resident (PR), the RTD is valid for up to 2 years
• If you have already obtained Permanent Residence, the RTD is valid for up to 5 years
Your Refugee Travel Document can only be used to travel to countries that accept it, excluding your country of origin.
Important Restrictions and Warnings
Travel to Your Country of Origin Is Not Allowed
As a refugee or protected person in Canada, you are not permitted to travel to your country of origin or any country where you experienced persecution. Doing so may:
• Result in the loss of your protected person or refugee status
• Jeopardize your permanent residence or Canadian citizenship application
Canadian authorities may interpret such travel as an indication that you no longer need protection.
You Are Not a Citizen
As a protected person:
• You are not a Canadian citizen
• You are generally not considered a citizen of your country of origin, as you are unable to safely use their passport or access their services
• You are traveling with a Canadian Refugee Travel Document, not a national passport
• You do not have the same travel rights as Canadian citizens
Because of this, your ability to enter or transit through other countries is limited and must be carefully planned.
Visa Requirements and Embassy Contact
Most countries will still require you to obtain a visa, even if you are travelling with a Canadian Refugee Travel Document.
When researching travel requirements, make sure the country explicitly states that it accepts the Canadian Refugee Travel Document. If the information is unclear or refers only to general "refugee travel documents," you must contact the embassy or consulate of that country directly to confirm:
• Whether they recognize Canada’s RTD
• If a visa is required for your destination or even for connecting flights
• What supporting documents you may need (proof of funds, accommodations, return plans, etc.)
Important: Even short layovers or connecting flights may require a visa. Do not assume transit is automatic.
Returning to Canada
When returning to Canada, you may be asked to prove your legal residency status. You should carry:
• Your Refugee Travel Document
• Your Notice of Decision from the Immigration and Refugee Board (IRB)
• Your Permanent Resident card, if applicable
Failure to show proper documentation could result in delays at the border or difficulty re-entering the country.
Legal Support and Caution
Before making any travel plans, especially if your permanent residence or citizenship process is still in progress, you are strongly encouraged to:
• Consult with a lawyer or legal advisor
• Avoid purchasing tickets until your Refugee Travel Document has been approved and issued
• Plan ahead, as visa applications can take time and entry into another country is never guaranteed
Traveling as a refugee or protected person is possible, but it requires careful preparation. Make sure you understand the risks and responsibilities involved.
As a Protected Person in Canada, you are eligible to apply for post-secondary education, including colleges, universities, and training programs, even if you have not yet received Permanent Residence (PR).
However, because your immigration status can be misunderstood by institutions, it's important to understand your rights and how to communicate your eligibility.
Understanding Your Status
- •A Protected Person is someone who received a positive decision on their refugee claim from the Immigration and Refugee Board (IRB), or who was accepted through a Pre-Removal Risk Assessment (PRRA).
- •As a Protected Person, you have legal status in Canada and the right to study at public post-secondary institutions.
- •You do not need to be a Permanent Resident to begin studying.
How to Apply
- •You will likely need to follow the international student admissions process, since many schools automatically categorize applicants who are not yet Permanent Residents this way.
- •You must apply for a Study Permit if you were not already issued one during your refugee claim.
- •Contact the admissions office and:
- -Clearly identify yourself as a Protected Person or a conventional refugee (not just “refugee”).
- -Ask for guidance on what documents are required and how to confirm your eligibility.
- •Although the process may look like that of an international student, your tuition must be assessed at the domestic (local) rate.
Tuition and Financial Aid
- •As a Protected Person, you are eligible for local (domestic) tuition fees at public institutions, not international tuition, even if you applied through the international admissions process.
- •You must notify the school of your status using your Notice of Decision
- •You are also eligible for provincial student loans, such as BC Student Aid, as long as you meet the program's other requirements (such as residency in the province and full-time study).
- •Many institutions also offer:
- - Refugee bursaries
- - Tuition waivers
- - Emergency funds or access programs for students with precarious or temporary status
- •Be sure to:
- - Contact the financial aid office
- - Ask if there are supports for Protected Persons
- - Explain your situation clearly and submit any required documents
Important Reminders
- •Don’t simply say you’re a “refugee.” That word is used broadly in Canada and includes people with very different immigration pathways:
- Government-Assisted Refugees (GARs)
- Privately Sponsored Refugees (PSRs)
- Protected Persons (like you), who are still waiting for PR
- •Since these categories may have different levels of access to supports, it’s important to use the correct language when speaking with schools.
- •Always check with the school before applying to confirm:
- - What documents do they require
- - What supports are available to you
- - Whether your tuition will be assessed at the local rate
Need Help?
If you’re unsure how to proceed or feel overwhelmed by the process, talk to someone who can support you in your region, such as:
- • A settlement worker
- • A student advisor
- • A legal clinic
They can help advocate for you and ensure you access the educational opportunities you're entitled to
If you are a Protected Person waiting for your Permanent Residence (PR) to be approved, it is your responsibility to extend your work permit before it expires. Many refugee claimants and Protected Persons miss this step, which can lead to serious problems with employment, financial institutions, and access to essential services.
When and How to Apply
- • Apply for an extension at least six months before your current work permit expires.
- • Set a reminder on your calendar, phone, or planner to avoid missing the deadline.
- • You can apply online through your IRCC account.
To help you complete the process, watch these step-by-step video guides:
If Your Work Permit Has Already Expired
- •You can still apply for a work permit extension after it expires.
- •If you are a Protected Person, you will not be charged a fee.
- •While your application is being processed, IRCC may issue a temporary work permit extension letter (also known as “maintained status”).
- - This letter allows you to continue working legally, even if your physical permit has expired.
- - However, this step is not obvious, and many refugee claimants overlook it, leading to loss of income, frozen bank accounts, and issues with their employers or credit cards.
- - This letter allows you to continue working legally, even if your physical permit has expired.
Note: You will not be deported if your work permit expires ,you remain legally protected in Canada as a Protected Person.
However, failure to renew your permit in time may cause serious disruptions in your daily life.
Important: Update Your SIN Number
- • Once your work permit is extended or renewed, you must update your Social Insurance Number (SIN) with Service Canada.
- • Your SIN is tied to the expiration date of your work permit. If not updated, your SIN may appear invalid to employers or banks.
- • Visit a Service Canada office in person or learn how to update your SIN online:
Update or Renew Your SIN – Service Canada
Remember to Pay Your Taxes
- • As a worker in Canada, you are required to file your income taxes every year, even if you only worked part of the year or made a small income.
- • Filing your taxes ensures you stay in good standing with the government and may qualify you for benefits like GST credit or child benefits.
- • You can get free tax filing support through community organizations or tax clinics for newcomers and low-income individuals.
How Long Does It Take to Receive Permanent Residence (PR)?
After receiving a positive refugee decision, you are considered a Protected Person in Canada. However, you are not automatically granted Permanent Residence. You must submit a separate PR application through Immigration, Refugees and Citizenship Canada (IRCC).
Processing times vary, but most applications for Protected Persons take approximately 24 months. In some cases, it may take up to 29 months, depending on the province, the completeness of your application, and IRCC processing capacity.
You can check the most current processing times using this official IRCC tool:
Check PR Processing Times – IRCC
(Select “Refugee” → “In-Canada protected person and dependents”)
Can I Speed Up the PR Process?
There is no official “urgent processing” option for Protected Persons. However, in exceptional situations, you can contact your local Member of Parliament (MP) and ask them to advocate on your behalf. You will need to explain clearly why receiving PR is urgent for your situation. Valid reasons may include medical needs, family reunification, inability to travel, the risk of losing your job, housing instability, or barriers to accessing financial services.
If your MP agrees, they can send an inquiry or letter to IRCC requesting that your case be reviewed or prioritized. While this does not guarantee faster processing, it can be helpful in urgent cases.
When Can I Apply for Canadian Citizenship?
Once you have obtained Permanent Residence, you can apply for Canadian citizenship after meeting the physical presence requirement.
To be eligible, you must have been physically present in Canada for at least 1,095 days (3 years) in the five years before the date you apply.
If you lived in as a Protected Person before becoming a Permanent Resident, you can count each day as half a day, up to a maximum of 365 days. This means a full year of presence as a Protected Person counts as 182.5 days toward the 1,095-day requirement.
To find out if you meet the requirement, use the official calculator:
IRCC Physical Presence Calculator
How Long Does the Citizenship Application Take to Process?
Once you apply for Canadian citizenship, the application usually takes around 10 months to be processed. This timeline can vary depending on your location and the overall volume of applications.
More details are available here:
Become a Canadian Citizen – IRCC
For LGBTQIA+ People Outside British Columbia, Canada
Rainbow Refugee is based in Vancouver, BC. We are committed to the safety, dignity, and rights of LGBTQIA+ people seeking refugee protection, but we are a provincially focused organisation. Here is what we can offer to those living outside of British Columbia:
What We Can Do
- •Share accurate, general information about the refugee process in Canada
- •Provide information to national and regional organizations that serve LGBTQIA+ newcomers in other provinces
What We Cannot Do
- •Offer one-on-one accompaniment or in-person support outside BC
- •Provide housing, advocacy, transportation, or settlement support in other provinces or outside the country
- •Act as your representative or legal advisor
If you are outside of BC and need direct support, we encourage you to connect with the national and regional organizations.. Many of them offer trauma-informed and LGBTQIA+ inclusive support.