Understanding the Refugee Process in British Columbia

Detailed Guide for LGBTQI+ People Making an Inland Refugee Claim

If you are in Canada and you fear returning to your home country because of who you are or who you love, you have the right to ask for protection. Refugee protection is available for people who are at risk of persecution based on their sexual orientation, gender identity or expression, sex characteristics (SOGIESC), or HIV status, among other reasons.

This process can be overwhelming, confusing, and deeply emotional—especially for LGBTQI+ people navigating displacement, trauma, and systems that may not always feel safe. We hope this guide will help you understand what to expect, how to prepare, and what your rights are along the way.

 

Whether you are applying from inside Canada (inland claim) or at the border or airport (Port of Entry or POE), the first stage involves formally submitting your claim and being assessed for eligibility.

🏠 Inland Claim (You are already inside Canada):

  • Create an account on the IRCC Portal (Immigration, Refugees and Citizenship Canada)
  • Complete and submit your refugee application, including your Basis of Claim (BOC) form. This is where you explain your personal story and why it is unsafe for you to return to your country
  • • You will receive an Acknowledgment of Claim (AOC) letter confirming your claim has been received
  • • You will automatically be enrolled in the Interim Federal Health Program (IFHP) for essential medical care
  • • You’ll attend a biometrics appointment (fingerprints and a photo)
  • • You will then be scheduled for an Eligibility Interview, where an officer determines whether you are allowed to move forward
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  • ✈️ Port of Entry (POE) Claim (Land Border or Airport):
  • • You complete your refugee claim at the time of arrival
  • Biometrics and eligibility interview usually happen at the same appointment
  • • If deemed eligible, you will receive:
    • - Your Refugee Protection Claimant Document (RPCD) (also called the “brown paper”)
    • - Your Acknowledgment of Claim (AOC) and IFHP coverage

Finding a lawyer

We have a list of over 20 independent lawyers who are LGBTQ+ friendly and experienced with refugee claims.

These lawyers do not work for us, and we don’t pay them or manage their services. We’re sharing their names and contact info so you can decide who to reach out to, if you choose.

Some of them might be able to take your case. Their availability and fees can vary depending on their workload and the details of your situation.

If you reach out, be ready to briefly explain:
– your country of origin
– your SOGIESC (sexual orientation, gender identity and expression, sex characteristics)
– why you can’t safely return to your country of origin
You should also let them know how you plan to pay, whether you are paying  or through legal aid funding, if you’re eligible.

Legal Aid Funding Support
If you cannot afford a lawyer, you may be eligible for Legal Aid funding. In British Columbia, Legal Aid BC provides free lawyers to refugee claimants who meet the eligibility criteria. This may change if you move to another province, as each province has its own legal aid program.

Legal Aid is generally available to claimants who:

  • • Have a strong chance of being accepted as a refugee
  • • Cannot afford to pay for a lawyer on their own

When you apply, Legal Aid staff will conduct a short interview to assess your financial situation and your need for protection. You can apply in person or over the phone:

  • • Website: www.legalaid.bc.ca
  • • Phone: 604-408-2172 (or toll-free 1-866-577-2525)
  • • Office: Visit your local Legal Aid office at 425 – 510 Burrard Street Vancouver BC V6C 3A8

If your application is denied the first time, you can appeal the decision within 30 after being denied. Many people are successful after appealing, especially if their situation changes or they provide additional information. Legal Aid usually contacts applicants within two weeks of the initial request via email.

You are not eligible for Legal Aid if:

  • • You have enough savings or income to pay for a lawyer
  • • You are from a country that Canada considers “safe”
  • • You have other safe alternatives besides seeking refugee protection
  • • You cannot clearly explain your need for protection

This is common, and it is worth appealing if you believe you were unfairly denied.

Many LGBTQI+-friendly lawyers accept Legal Aid certificates. If you already have a specific lawyer in mind, you can tell Legal Aid during or after your intake interview — they will do their best to assign you to that lawyer if they are available. If you don’t have a lawyer yet, Legal Aid will assign one for you — often someone experienced with LGBTQI+ refugee claims and familiar to Rainbow Refugee.

Please note that The number of hours a lawyer can spend on your case through Legal Aid is limited. It’s common for lawyers to help you quickly start the process and then reduce communication until closer to your hearing date. After your refugee hearing, your relationship with your Legal Aid lawyer will officially end. If you need help applying for Permanent Residence or appealing a decision, you may need to pay privately.

Gender-Affirming Healthcare for Refugee Claimants:

  • • As a refugee claimant, you have access to gender-affirming care through IFHP and local clinics in BC
  • • Services may include:
  •     - Hormone therapy
        - Referrals for surgery
        - Mental health support
        - Letters for name and gender marker changes
  • • Clinics like REACH, Three Bridges, and BC Trans Care Team can support you
  • • No MSP is required while your IFHP is valid