+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Are refugee claimants eligible for Canada Child Benefit?

 

derin1010

Hero Member
Oct 18, 2017
351
95
To get the Canada Child Benefit, you must meet all of the following conditions:

-You must live with the child, and the child must be under 18 years of age.
-You must be the person primarily responsible for the care and upbringing of the child.

Note:
If a child does not live with you all the time, see Do you share custody of a child?.

You must be a resident of Canada for tax purposes. We consider you to be a resident of Canada when you establish sufficient residential ties in Canada. For more information, see Income Tax Folio S5-F1-C1, Determining an Individual's Residence Status.

You or your spouse or common-law partner must be:

-a Canadian citizen;
-a permanent resident (as defined in the Immigration and Refugee Protection Act);
-a protected person (as defined in the Immigration and Refugee Protection Act); or
-a temporary resident (as defined in the Immigration and Refugee Protection Act) who has lived in Canada throughout the previous 18 months, and who has a valid permit in the 19th month other than one that states "does not confer status" or "does not confer temporary resident status." If this is your situation, do not apply before the 19th month.

Unfortunately, Refugee claimants and refused refugees are not eligible for family benefits
 
  • Like
Reactions: YousifBreesam

vladimirshin

Newbie
Mar 15, 2018
2
1
Hi, what about convention refugee? if we've been here since 2012 and just got accepted on Dec, 2017.
We have been receiving CCB since 2014, and now CRA asks us to pay back.
If we would not receive CCB, should CRA pay us for previous years? If yes, it means that we should not pay anything back.

I believe we were receiving CCB based on:
-a temporary resident (as defined in the Immigration and Refugee Protection Act) who has lived in Canada throughout the previous 18 months, and who has a valid permit in the 19th month other than one that states "does not confer status" or "does not confer temporary resident status." If this is your situation, do not apply before the 19th month.

Is refugee claimant not considered as a temporary resident?! On Refugee Claimant Document, there is nothing saying that "does not confer status" or "does not confer temporary resident status."

Please advise as we don't have such money to pay back CRA.

Thank you.
 
  • Like
Reactions: gavendano

scylla

VIP Member
Jun 8, 2010
84,474
16,441
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi, what about convention refugee? if we've been here since 2012 and just got accepted on Dec, 2017.
We have been receiving CCB since 2014, and now CRA asks us to pay back.
If we would not receive CCB, should CRA pay us for previous years? If yes, it means that we should not pay anything back.

I believe we were receiving CCB based on:
-a temporary resident (as defined in the Immigration and Refugee Protection Act) who has lived in Canada throughout the previous 18 months, and who has a valid permit in the 19th month other than one that states "does not confer status" or "does not confer temporary resident status." If this is your situation, do not apply before the 19th month.

Is refugee claimant not considered as a temporary resident?! On Refugee Claimant Document, there is nothing saying that "does not confer status" or "does not confer temporary resident status."

Please advise as we don't have such money to pay back CRA.

Thank you.
I assume you claimed refugee status from within Canada. If so, you were not eligible to receive CCB. Claiming refugee status does not grant temporary residency. You will have to find a way to repay these funds. I would recommend you contact CRA, explain you are not in a position to return all of the funds immediately and set up some sort of payment plan to repay the funds in stages.
 
 

YousifBreesam

Star Member
Jan 31, 2018
99
14
I assume you claimed refugee status from within Canada. If so, you were not eligible to receive CCB. Claiming refugee status does not grant temporary residency. You will have to find a way to repay these funds. I would recommend you contact CRA, explain you are not in a position to return all of the funds immediately and set up some sort of payment plan to repay the funds in stages.
Does that mean that if you apply for a a refugee status from outside Canada, you'd be eligible?
 

scylla

VIP Member
Jun 8, 2010
84,474
16,441
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Does that mean that if you apply for a a refugee status from outside Canada, you'd be eligible?
Completely different scenario. The short answer is no.

You're not eligible for benefits while outside of Canada - whether you are a citizen, PR or refugee claimant. One of the requirements for CCB is that you be physically living in Canada.

If you apply for refugee status from outside of Canada, you're not permitted to come to Canada until your refugee claim is approved.
 
  • Like
Reactions: YousifBreesam

gavendano

Star Member
Feb 11, 2016
125
64
Hi, what about convention refugee? if we've been here since 2012 and just got accepted on Dec, 2017.
We have been receiving CCB since 2014, and now CRA asks us to pay back.
If we would not receive CCB, should CRA pay us for previous years? If yes, it means that we should not pay anything back.

I believe we were receiving CCB based on:
-a temporary resident (as defined in the Immigration and Refugee Protection Act) who has lived in Canada throughout the previous 18 months, and who has a valid permit in the 19th month other than one that states "does not confer status" or "does not confer temporary resident status." If this is your situation, do not apply before the 19th month.

Is refugee claimant not considered as a temporary resident?! On Refugee Claimant Document, there is nothing saying that "does not confer status" or "does not confer temporary resident status."

Please advise as we don't have such money to pay back CRA.

Thank you.
Unfortunately, you were not eligible for that money and that means that you have to pay it back. That's CRA's view.

I suggest you contact the lawyer Avvy Go, she is currently challenging the federal government over the CCB policy.

Read this article:
https://www.thestar.com/news/immigration/2018/02/13/refugee-claimants-challenge-federal-government-over-denial-of-child-benefit.html
 

vladimirshin

Newbie
Mar 15, 2018
2
1
Thank you all.

Today I've tried to contact with Avvy Go, but as I don't speak any "Asian" language, I can't get their help either just speak with Avvy.
I can't postpone any longer as the payment due is already late.

Looks like we need to contact with CRA and make a payment arrangement :(.
 
 

scylla

VIP Member
Jun 8, 2010
84,474
16,441
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you all.

Today I've tried to contact with Avvy Go, but as I don't speak any "Asian" language, I can't get their help either just speak with Avvy.
I can't postpone any longer as the payment due is already late.

Looks like we need to contact with CRA and make a payment arrangement :(.
That's the right thing to do to avoid further problems with CRA. Even if you had connected with the lawyer, there's no saying what the outcome would be. Federal court cases take time to process and they certainly aren't always positive. Under the current rules you're not eligible to receive payments.
 
  • Like
Reactions: gavendano