Step-by-Step: How to Apply for Refugee Status in Canada if You're Already Here

Making a refugee claim inside Canada can feel overwhelming, especially when you're unsure who qualifies or where to begin. Searches for "refugee claim Canada" and "asylum seeker Canada" have surged, reflecting many people's confusion about the steps involved. This guide breaks down the refugee process inside Canada for those already here, helping you understand what to expect and how to navigate each stage with confidence.

What Is a Refugee Claim in Canada?

Convention Refugees vs. Persons in Need of Protection

A refugee claim in Canada is a formal request for protection made by someone who fears persecution, torture, or risk to their life if they return to their home country. Canadian refugee protection covers two main categories:

1. Convention Refugees: People outside their country who have a well-founded fear of persecution based on:

   • Race

   • Religion

   • Nationality

   • Political opinion

   • Membership in a particular social group

2. Persons in Need of Protection: People who face:

   • Risk of torture

   • Risk to their life

   • Risk of cruel and unusual treatment or punishment

Your refugee claim will be assessed by the Immigration and Refugee Board of Canada (IRB) based on these definitions and your personal circumstances.

Who Can Make a Refugee Claim Inside Canada?

Eligibility Requirements

You can make a refugee claim if you're physically present in Canada, regardless of how you arrived or your current immigration status. This includes:

• Visitors: People who came to Canada on a temporary visitor visa

• Students: Those studying at Canadian institutions

• Workers: People on work permits

• Undocumented individuals: Those who may have overstayed their permitted time

• Anyone facing danger: People who fear returning to their home country

The key requirement is that you must be physically inside Canada to make an "inland" refugee claim. If you're still outside Canada, different processes apply.

How to Start a Refugee Claim (Inside Canada Process)

Step-by-Step Application Guide

Making a refugee claim inside Canada involves several important steps:

1. Initial claim submission: Visit an Immigration, Refugees and Citizenship Canada (IRCC) office to express your intention to claim refugee protection. In some cases, you may also make your claim at a port of entry or Canada Border Services Agency office.

2. Complete application forms: You'll need to fill out several forms, including:

   • Generic Application Form (IMM 0008)

   • Schedule A: Background/Declaration

   • Schedule 12: Additional Information - Refugee Claimants Inside Canada

   • Basis of Claim (BOC) Form - this is the most important document where you explain why you need protection

3. Submit biometrics: You'll provide fingerprints and a photo for identification purposes.

4. Eligibility interview: An immigration officer will interview you to determine if you're eligible to make a claim.

5. Eligibility decision: If eligible, your case will be referred to the Refugee Protection Division (RPD) of the IRB for a hearing. If ineligible, you may face removal from Canada.

6. Wait for your hearing: The RPD will schedule a hearing where you'll present your case in full.

The timeline for this process varies, but the entire process from initial claim to hearing typically takes several months.

Required Documents and Evidence

Building a Strong Case

For a successful refugee claim, you'll need to gather and submit:

1. Identification documents:

   • Passport or travel documents (if available)

   • Birth certificate

   • Marriage certificate (if applicable)

   • Any other identity documents you possess

2. Proof of risk:

   • Medical reports (if you experienced torture or violence)

   • Police reports

   • Threatening letters or messages

   • Evidence of attacks or harm you experienced

3. Country condition evidence:

   • Human rights reports about your country

   • News articles about similar situations

   • Expert opinions about conditions in your country

4. Personal narrative:

   • A detailed, chronological account of your experiences

   • Explanation of why you fear returning to your country

   • Timeline of important events

5. Travel history:

   • Documents showing how and when you came to Canada

   • Visas, stamps, or boarding passes

If you don't have some documents, explain why in your application. Many refugee claimants cannot obtain all documents safely, and the IRB understands this challenge.

What Happens After Submitting a Refugee Claim?

Next Steps in Your Journey

After you've submitted your refugee claim and it's been determined eligible:

1. Work permit application: You can apply for a work permit while waiting for your hearing. This allows you to support yourself financially.

2. Interim Federal Health Program (IFHP): You'll receive basic health coverage through this program until you qualify for provincial health insurance.

3. Hearing preparation: You should:

   • Gather additional evidence

   • Prepare your testimony

   • Consider seeking legal representation

   • Attend any pre-hearing conferences if scheduled

4. Refugee Protection Division hearing: This is where you present your case before a member (judge) of the IRB. The hearing is usually non-adversarial but thorough.

5. Decision: After your hearing, you'll receive a decision either immediately or within a few weeks. If accepted, you can apply for permanent residence. If refused, you may have appeal options.

The typical timeline from claim to hearing can range from 3 months to over a year, depending on your case complexity and the IRB's current caseload.

Common Reasons Refugee Claims Get Refused

Avoiding Critical Mistakes

Understanding why claims are refused can help you avoid common pitfalls:

1. Incomplete evidence: Failing to provide enough documentation or evidence to support your claim.

2. Inconsistencies: Contradictions between your BOC form, testimony, and other evidence. Even small inconsistencies can damage your credibility.

3. Missing documents: Failing to explain why you don't have certain documents, such as identity papers.

4. Late disclosure: Introducing new information at your hearing that wasn't in your original BOC form without a good explanation.

5. Inadequate preparation for hearing: Not being able to answer questions clearly or provide details about your experiences.

6. Internal flight alternative: If the IRB determines you could safely live in another part of your home country.

7. Credibility issues: If the IRB member doesn't believe your story based on how you present it.

8. Failure to establish risk: Not clearly connecting your personal situation to the definition of a Convention refugee or person in need of protection.

Working with an experienced representative can help you avoid these common problems.

Refugee Appeal Division (RAD) - What to Do After a Refusal

Understanding Your Options

If your refugee claim is refused, you may have appeal rights:

1. Who can appeal:

   • Most refused refugee claimants can appeal to the Refugee Appeal Division

   • Exceptions include claims designated as having "no credible basis" or "manifestly unfounded"

   • Claimants from Safe Third Country Exception cases

   • Those who came to Canada via the Canada-US border

2. Appeal timelines:

   • 15 days to file a notice of appeal

   • 30 days to submit your complete appeal record

   • These deadlines are strict and missing them can result in losing your right to appeal

3. Appeal process:

   • Most appeals are paper-based (no in-person hearing)

   • You can submit new evidence that wasn't available at the time of your hearing

   • You must explain why the RPD decision was wrong

4. Judicial review option:

   • If you can't appeal to the RAD or if the RAD refuses your appeal

   • Filed with the Federal Court of Canada

   • Requires legal assistance in most cases

   • 15-day filing deadline

The appeal process can take several months, during which you can usually remain in Canada.

FAQs for Inside-Canada Asylum Seekers

Common Questions Answered

Q: Can I work while waiting for my refugee hearing?
A: Yes, you can apply for a work permit after submitting your refugee claim and completing medical examinations.

Q: Can I study while my refugee claim is being processed?
A: Yes, adults can generally study in programs under 6 months without a study permit. Children can attend public school.

Q: Can I travel outside Canada during my refugee claim process?
A: No, leaving Canada during your refugee claim process will likely result in abandonment of your claim. You should not travel outside Canada.

Q: What if I've overstayed my visa or entered Canada without permission?
A: You can still make a refugee claim. The refugee protection system focuses on your need for protection, not how you entered Canada.

Q: Will I get housing or financial support?
A: Limited social assistance may be available through provincial programs. There is no dedicated housing program for refugee claimants, though some cities have shelters.

Q: How long does the whole process take?
A: From initial claim to hearing typically takes 3-12 months, but can be longer depending on your case and current processing times.

Q: What happens if my claim is accepted?
A: You can apply for permanent residence in Canada for yourself and family members.

Getting Professional Help With Your Refugee Claim

The Importance of Proper Guidance

Making a refugee claim is a complex legal process with life-changing consequences. While it's possible to represent yourself, having professional guidance significantly improves your chances of success.

If you are inside Canada and need help with your refugee or asylum claim, book a consultation today with Imprint Immigration Services. We are licensed RCIC-IRB professionals authorized to represent clients at the Refugee Protection Division (RPD) and Refugee Appeal Division (RAD).

Information in this article is for educational purposes only and is not legal advice.

Author: Shirani Jenita Daniel, RCIC-IRB

Regulated Canadian Immigration Consultant (RCIC)
Licensed to represent refugee claimants before the IRB

Imprint Immigration Services Inc.

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