If you’re being persecuted in your country of nationality, you can make a refugee claim in Canada.

How do I make a refugee claim in Canada?

You can make a refugee claim either,

• At a port of entry (POE); or
• After you’ve entered Canada and had an opportunity to speak to a lawyer.

At a POE, you can simply tell a Canada Border Services Agency (CBSA) officer that you’d like to make a refugee claim, at which point they’ll conduct an eligibility interview.

What kinds of questions will I be asked at the eligibility interview?

Generally, the eligibility interview is about 30 to 75 minutes, and the CBSA officer will ask you,

• Your full name and date of birth;
• Your marital status and whether you have any children (biological or adopted);
• Your spouse and your children’s names (if applicable);
• The number of years of formal education you have;
• Your travel history; and
• Why you’re making a refugee claim.

Be careful about what you say at the POE

Everything you say to a CBSA officer at the POE is written down and becomes part of your refugee file.

If your answers are unclear, incomplete, or inconsistent with what you later say in your refugee claim, it can negatively affect your case. This is why many people prefer to speak to a lawyer before making a refugee claim.

What happens after the interview?

After the interview, the CBSA officer will give you a few forms to sign, which essentially contain your answers to the questions above.

They’ll generally then give you an acknowledgement of claim (AOC) letter, and you can use this to get access to the Interim Federal Health Program, with which you can access healthcare in Canada.

Moreover, there’s an application number in the AOC, and you’ll need this in order to submit your claim online.

You can also submit a paper-based claim, but this is generally done is exceptional circumstances.

What happens if I don’t speak English or French?

Don’t worry. The CBSA officer will get an interpreter so that they can explain everything to you.

What happens after I submit my refugee claim?

You’ll submit your refugee claim to Immigration, Refugees and Citizenship Canada (IRCC), who will decide whether your claim is eligible.

If so, IRCC will refer your claim to the Refugee Protection Division (RPD), and you’ll get a Refugee Protection Claimant Document.

More importantly, you’ll also be given a Basis of Claim (BOC) form, which you must fill out and submit to the RPD within 15 days of your claim being referred.

Can I work while my refugee claim is being processed?

You can work only after you receive your work permit.

When you make a refugee claim, you can also submit an application for a work permit, which you’ll probably receive in about 3 to 6 weeks. Once you have a work permit, you can work in Canada.

Is there a refugee hearing?

Yes, most refugee claims proceed to a hearing, which is generally for about 3 hours, and it’s best if you’re represented by a lawyer.

How can Kabir & Alam help me with my refugee claim?

Making a refugee claim in Canada is a complex process, requiring careful attention and a lot of evidence.

And if you forget to include an important fact in the BOC form, it may have a negative impact on your overall claim.

Book a consultation with us today, so that we can assist you in filing your refugee claim.

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