LGBT looking to make Refugee claim from within Canada. Please help.

[lfaic]

Hello,


I am looking to make a refugee claim in Canada. I will be making the claim from inside Canada, while I am in Canada on a tourist visa (which I know I can get). My claim will be based on being LGBT and afraid of violence/in immediate danger, aggravated by psychological and medical conditions.

I have read the government of Canada website and got information. I would like to ask the following questions of the members of the forum that have more knowledge/experience:

1. Once I make my claim in-land at the IRCC office, with all of my documents etc, and it is accepted, what will my status be in Canada? Do I remain with the same status I already had (tourist, in my case) until the hearing/decision is made? Or is there a different status, which might allow me to work/study?
2. If I am not able to work after my claim is accepted/before my hearing, are there any government-funded assistance programs I could use for housing/living expenses? Typically, do people wait for years for their hearing without an income?
3. When I do get Refugee status after my hearing, can I apply for PR right away? What is the process?

I am sure more questions may arise once people are kind enough to provide their opinions, and I thank you in advance for any information you can share. There are a lot of things to consider and prepare for, and I want to know what the conditions will be.


Thank you and have a great day,

 

[live&love]

Are you currently in Canada?

 

[Buletruck]

1. Once you claim refugee status, you become a refugee claimant. Your TRV will likely be cancelled. You should be eligible for a work permit after about 90 days, but it is unlikely you will get a study permit (but who knows). You would still pay international student fees until you have a positive result from your hearing. Current processing times Seem to be around 16-20 months for refugee process.
2. Typically there is welfare available if they assess you qualify. It all depends on the province you live in. They try and get you working as soon as possible, but for claimants it can be difficult as you don’t have Permenent status until after the hearing.
3. If you get a positive finding, you become a refugee. You can apply for a PR at that point. Expect about 3 years to get Permenent resident status.

You might want to rethink the psychological/ medical conditions as grounds. You may be subjecting yourself to an investigation as to whether you pair a risk to Canada. Just something to think about.

 

[canuck78]

If you've have to prove savings to get a TRV you will be expected to use those savings before receiving welfare. This mat disqualify you from a work permit or legal aid.

 

[lfaic]

Are you currently in Canada?

No, I will be entering with a tourist visa. I have no doubt I can obtain that.

1. Once you claim refugee status, you become a refugee claimant. Your TRV will likely be cancelled. You should be eligible for a work permit after about 90 days, but it is unlikely you will get a study permit (but who knows). You would still pay international student fees until you have a positive result from your hearing. Current processing times Seem to be around 16-20 months for refugee process.
2. Typically there is welfare available if they assess you qualify. It all depends on the province you live in. They try and get you working as soon as possible, but for claimants it can be difficult as you don’t have Permenent status until after the hearing.
3. If you get a positive finding, you become a refugee. You can apply for a PR at that point. Expect about 3 years to get Permenent resident status.

You might want to rethink the psychological/ medical conditions as grounds. You may be subjecting yourself to an investigation as to whether you pair a risk to Canada. Just something to think about.

Thank you for that suggestion. My conditions don't pose risks to anyone other than myself (and I would probably have to disclose them on medical examinations anyway).

@Buletruck I am not too concerned about studying, it's mostly the long term living expenses/having some form of income that concerns me. I've been through IRCC websites, but I can't seem to find specific information on that. Seems I can apply for a WP after claim has been submitted/accepted, but still have to meet all of the conditions to qualify for a work permit.

If you've have to prove savings to get a TRV you will be expected to use those savings before receiving welfare. This mat disqualify you from a work permit or legal aid.

Proving funds for a 2 week trip to Canada is much different than months/years waiting for a decision on the claim, I think. I definitely would have those funds available, but they won't last.

 

[canuck78]

No, I will be entering with a tourist visa. I have no doubt I can obtain that.



Thank you for that suggestion. My conditions don't pose risks to anyone other than myself (and I would probably have to disclose them on medical examinations anyway).

@Buletruck do you have any links where I could get more information about getting the work permit/how it works? I am not too concerned about studying, it's mostly the long term living expenses/having some form of income that concerns me. I've been through IRCC websites, but I can't seem to find specific information on that.



Proving funds for a 2 week trip to Canada is much different than months/years waiting for a decision on the claim, I think. I definitely would have those funds available, but they won't last.

You will have to show much more than funds for a 2 week vacation in order to be approved for a TRV. Pointing out that since you passed that financial test you may not qualify for things like legal aid. You will be expected to spend your own money before getting money from the Canadian taxpayer. The only reason asylum seekers are given a work permit is if they require welfare so they can stop claiming welfare at the cost to the Canadian taxpayer. It has nothing to do with wanting asylum seekers to integrate. Since you are sure you will receive a visa I assume you have a decent amount of savings.

 

[lfaic]

You will have to show much more than funds for a 2 week vacation in order to be approved for a TRV. Pointing out that since you passed that financial test you may not qualify for things like legal aid. You will be expected to spend your own money before getting money from the Canadian taxpayer. The only reason asylum seekers are given a work permit is if they require welfare so they can stop claiming welfare at the cost to the Canadian taxpayer. It has nothing to do with wanting asylum seekers to integrate. Since you are sure you will receive a visa I assume you have a decent amount of savings.

Yes, it is not my intention to take tax payer money, that is why I am looking at options for getting the work permit. One of the conditions for the work permit is indeed having funds, though. Do you have any sources I can look into regarding this?

Thank you!

 

[canuck78]

Yes, it is not my intention to take tax payer money, that is why I am looking at options for getting the work permit. One of the conditions for the work permit is indeed having funds, though. Do you have any sources I can look into regarding this?

Thank you!

It's not having funds to get the work permit. You can go through the various documents but a quick google search gave me this.

https://settlement.org/ontario/immi...ou-arrive/i-am-a-refugee-claimant-can-i-work/

 

[Bryanna]

I am looking to make a refugee claim in Canada. I will be making the claim from inside Canada, while I am in Canada on a tourist visa (which I know I can get). My claim will be based on being LGBT and afraid of violence/in immediate danger, aggravated by psychological and medical conditions.

Do you have evidence that conclusively proves your life is in danger.... or that you have personally received threats?

Also, for a TRV:
Your country of nationality will be one of the deciding factors for issuing a TRV? If for example, your country is politically unstable or not?

Also, if there is an increase in the number of LGBT claims from your country then your claim for asylum will be scrutinized more closely

 

[Buletruck]

Welfare is administered by the province you live in. You won’t find much about it if your searching federal sites.

 

[Yelsew]

Social assistance for a single person here in Ontario was recently increased to $733 per month (more if you are bringing dependents). That doesn't go very far, especially in Toronto or other large cities. The regulations and the amounts vary from one province to another, so it would be helpful if we knew which province you are planning to visit and/or make your claim. Also, if you are comfortable in identifying your home country, you may be able to get more specific opinions on the likelihood of the success of your claim. If the IRB renders a positive decision, you will become a Protected Person. You will still need a work permit as a Protected Person, while you wait for your permanent residence application to be processed.