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
- ✈️ 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
Once IRCC confirms you are eligible, you enter the next stage. This time can feel uncertain and slow, but it is a chance to prepare, gather documents, and begin rebuilding your life.
- • You must attend a free medical exam, look for the offices here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/medical-exams.html
- • Please provide your UCI number as Personal Health Number.
- • You can apply for a Study Permit if you want to return to school. But note:
- - It is not automatic — you must be accepted into a school
- - Refugee claimants are often considered “international students,” which may mean higher tuition fees unless the institution offers a waiver
- • You may renew your Work Permit if it is close to expiring
- • Begin preparing your evidence:
- - Threats, messages, police complaints, hospital visits, personal letters, witness statements
- • Claimants can request a File Review instead of an in-person hearing if their case is straightforward
- - Your lawyer can request this
- - The IRB may also invite you for a File Review
- - Not all cases are eligible, and you cannot choose this option on your own — it must be approved by the IRB
- • Your legal status is as refugee claimant and you can stay in Canada while waiting for a decision on your case.
Apply for a SIN Number to be able to work in Canada:
Once you receive your Work Permit, you should apply for a Social Insurance Number (SIN). This number is required to legally work in Canada and to access services such as opening a bank account, filing taxes, and receiving employment-related benefits.
You can apply for a SIN online through the Service Canada website or by visiting a Service Canada office. Bring your original Work Permit and one piece of valid identification (Brown letter or BCID).
➡️ Learn more: www.canada.ca/en/employment-social-development/services/sin.html
Apply for MSP (Medical Services Plan):
After receiving your Work Permit, you should apply for MSP (Medical Services Plan) to access provincial healthcare in British Columbia. This is different from the Interim Federal Health Program (IFHP), which ends 30 days after your hearing.
You can apply for MSP online or by submitting a paper form. It may take several weeks to be processed, and coverage begins after a waiting period (usually around three months). During this waiting period, make sure your IFHP is still valid or seek support from a local clinic.
➡️ Learn more: www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp
Choose a temporary resident and submit your work permit as proof or residency and a second piece of ID.
Apply here: https://my.gov.bc.ca/ahdc/msp-eligibility
Travel Limitations While You Are a Claimant:
- • When you make a refugee claim, your passport is usually taken by the IRCC. You will not be allowed to travel outside Canada
- • You might be able to travel with BCID. Call the airline before travelling or contact Rainbow Refugee staff.
- • If you must travel, you will need a Refugee Travel Document, but these are not issued until after you become a Protected Person.
- • Even with a Refugee Travel Document, you cannot return to your home country or the country of claimed persecution — doing so may cancel your status
- • Most countries require visa applications even if you hold a Refugee Travel Document
- • Travel with these documents is highly restricted and should be discussed with a lawyer
You will be given a date for a refugee hearing with the Immigration and Refugee Board (IRB). This is a legal proceeding, but it is also your opportunity to tell your full story.
- • You should attend with a lawyer and, if needed, an interpreter
- • You can request a support person to be present
- • You will be asked detailed questions about your identity, past experiences, and why you fear returning home
- • Hearings may be online or in person
- • If you qualify, some hearings may be skipped in favour of a File Review — but this is rare
- After the hearing:
- • You may receive a decision the same day or by mail several weeks later
STAGE 3.1: Applying for a Refugee Hearing Letter of Support from Rainbow Refugee
Letters of support are issued only to active registered members of Rainbow Refugee. An active registered member is someone who has regularly participated in our community by:
- • Attending workshops (online or in person)
- • Participating in meetings and social events (online or in person)
- • Holding scheduled meetings with Rainbow Refugee staff
To qualify for a letter of support, members must meet the following criteria:
- • Active participation: Members must have engaged in both online and in-person events regularly.
- • Scheduled hearing date: Members must have a hearing date scheduled within a month.
- • Residency and identity: Members must reside in British Columbia and be part of the LGBTQ+ community.
Who Is Not Eligible?
The following members are not eligible for a letter of support:
- • Individuals who do not live in British Columbia.
- • Individuals who are not part of the LGBTQ+ community.
- • Members who have not engaged with Rainbow Refugee for at least 3 consecutive months (in either online or in-person activities).
- • Members who do not have a scheduled hearing date.
- • Members whose hearing date is more than a month away or where invited to a file review by the IRB.
No Exceptions
To ensure consistency and fairness, we are unable to make exceptions to these eligibility requirements. Participation is essential to help us provide accurate support.
Membership and Access to Services
Even if you do not meet the criteria for a letter of support, you can still register, become a member, and access all available services and events offered by Rainbow Refugee. However, only active registered members who meet the engagement criteria will be eligible for a letter of support.
Purpose of the Letter
The letter of support is a formal document that reflects your involvement with Rainbow Refugee. Its purpose is to demonstrate your connection to the community and your participation in activities that promote your integration and well-being. Without sufficient engagement, we cannot accurately represent your involvement.
If you receive a Positive Decision:
- • You are recognized as a Protected Person in Canada
- • You become eligible to apply for Permanent Residence (PR)
- • You must submit a separate application for PR through IRCC
- • Permanent Residency processing is very slow — it may take 1–2 years or more
Once you receive PR, you will get your PR card and can eventually apply for Canadian citizenship
Your IFHP health coverage expires:
IFHP ends 30 days after your hearing, regardless of the decision
Stage 4.1 Applying for PR
Applying for Permanent Residence as a Protected Person
Once you receive a positive decision and become a Protected Person, you are eligible to apply for Permanent Residence (PR). However, this step is not automatic — it is a separate application that must be submitted to IRCC and takes time to process.
How to Apply:
- • Visit the official IRCC website and download the Application for Permanent Residence – Protected Persons and Convention Refugees package.
- • Complete all forms carefully. You will be asked about your immigration history, personal background, and current residence.
- • Include your Notice of Decision from the IRB as proof of your protected person status.
- • You will also need to submit:
- -Passport-sized photos
- -Police certificates (if applicable)
- - Payment for the processing fee (and Right of Permanent Residence Fee unless exempt)
- - Proof of residence in Canada
- - Identity documents (RPCD, Work Permit, etc.)
Important Notes:
- • Processing time can be 1–2 years or longer depending on your case.
- • You can check your application status online using the IRCC portal.
Common Issues:
- • If your name, gender, or documents have changed recently, update your records before applying.
- • If you move or change contact details, you must notify IRCC.
- • If your application is delayed or returned for missing documents, seek help from a lawyer or settlement worker.
If you need support completing your PR application, you can:
- • Contact a legal clinic that works with refugee claimants
- • Reach out to Rainbow Refugee for referrals or general guidance
- • Ask a settlement organization — they may be able to help with forms and interpretation
- • Apply independently using this video tutorial: (insert video link here)
Stage 4.2 Travelling as a Protected Person:
Once you become a Protected Person, you may be eligible to apply for a Refugee Travel Document through Immigration, Refugees and Citizenship Canada (IRCC).
A Refugee Travel Document, issued by the Government of Canada, allows individuals who are recognized as refugees or protected persons in Canada to travel outside the country, excluding their country of origin. This document acts as a substitute for a passport and is essential for international travel, particularly for those who are unable to obtain a passport from their home country.
This is not the same as a passport and comes with important restrictions:
- • You cannot return to your home country or the country where you experienced persecution. Doing so may result in the loss of your refugee status and affect your permanent residence or citizenship application.
- • Many countries still require you to apply for a visa, even if you are travelling with a Refugee Travel Document.
- • You must wait until your Refugee Travel Document is approved and in your possession before you make any travel plans.
- • You should consult a lawyer or legal advisor before travelling, especially if your PR or citizenship process is not yet complete.
- • Upon re-entry to Canada, you might be required to prove your residency status. Be prepared to show your Notice of Decision or PR card, if available.
- • If you are planning to travel to Europe, you must contact embassies of each country in advance. A Schengen visa may be required for most countries.
- • Even within the European Union, you cannot move freely between countries unless permitted by your visa. Each country may have different entry rules.
- • Remember, you are not a Canadian citizen yet. You may not have the same privileges you had when travelling under your previous passport. Make sure you fully understand your limitations before planning any international travel.
Travel is not guaranteed, and delays in obtaining visas or documents are common. A visa, even if approved, does not guarantee entry into another country. You may still be denied entry if you cannot prove you have enough funds to stay, a return plan, or valid accommodation.
Additionally, the Refugee Travel Document is not widely recognized in all countries. While Canada has strong refugee protections, other countries may not be familiar with or recognize this document. This can cause delays or problems at the border. For this reason, you must contact the embassies or consulates of each country you plan to visit in advance to confirm entry requirements and whether your Refugee Travel Document will be accepted.
Always remember: You are not yet a Canadian citizen. You may not have the same travel rights or privileges that you had when using a previous passport. International travel while holding refugee or protected person status comes with restrictions, and careful preparation is essential.
If you are unsure whether it is safe or legally appropriate to travel, seek legal advice first. If you are unsure whether it is safe or legally appropriate to travel, seek legal advice first.
STAGE 4.3 Going Back to School as a Protected Person:
As a Protected Person in Canada, you are eligible to apply for post-secondary education, including colleges, universities, and training programs. However, there are a few important things to keep in mind:
- • You must apply for a Study Permit if you were not already issued one while you were a claimant.
- • Some institutions may still consider you an "international student" until you receive your Permanent Residence. This means:
- - Tuition fees might be significantly higher.
- You may not be eligible for provincial student loans (e.g., BC Student Aid) until you become a Permanent Resident. - • Some universities and colleges offer refugee bursaries or tuition waivers. Ask the admissions or financial aid office if there are supports for Protected Persons.
- • Always check with the school before applying to confirm your eligibility and what documents are required.
- • You can work while studying, but there are limitations on hours and eligibility depending on your permit type.
Important Note: When speaking with schools, always identify yourself as a Protected Person, not just as a "refugee." The term "refugee" is used broadly and can refer to different immigration pathways. Some refugees arrive in Canada with Permanent Residence already granted (such as Government-Assisted or Privately Sponsored Refugees), and may have more access to benefits. As a Protected Person, your eligibility for tuition waivers or loans might be different.
You are encouraged to speak with a settlement worker, student advisor, or legal clinic if you have questions about your educational pathway.