Tue | Dec 3, 2024

Immigration Corner | Changes to refugee applications

Published:Tuesday | December 3, 2024 | 12:07 AM

Dear Ms Powell,

I have a friend who has asked me to sponsor her as a refugee. She is a close friend, and so my family would like to help. I heard that there is a way for a group of five individuals to sponsor an individual. My family and I are willing to help her and her daughter to live in Canada permanently. Can you tell me how we can help her?

JD

Dear JD,

I am not sure where you friend resides and what her current situation is. However, the Canadian refugee programme is usually restricted to individuals who are outside of their home country and cannot return due to a well-founded fear of persecution. This persecution is usually based on race, religion, political opinion, nationality; or if she is a member of a group that faces oppression due to gender or sexual orientation.

To help your friend, the first step is to understand the Canadian immigration programmes for refugees and the application process.

ELIGIBILITY

If your friend would like to claim asylum in Canada, she would need to be able to prove to Canada that she is in need of protection because she is not safe in her home country. The general rule is that she would need to be in Canada to make such a claim.

If she is outside of Canada, she may be able to claim refugee status at any port of entry such as at an airport, seaport, or land border. If she is not able to come to Canada, then her other option is via the refugees’ resettlement programme. She would need to be referred by the United Nations Refugee Agency or a designated referral organisation. There will not be a way for her to apply directly to Canada as a refugee from outside of Canada.

PROGRAMME PAUSE

The government of Canada previously allowed sponsorship applications from groups of five individuals, or community sponsors who were willing to be responsible for a particular refugee and her family. However, since November 29, 2024, there was a temporary halt on the acceptance of new refugee sponsorship applications from Groups of Five and Community Sponsors. This pause is expected to last to the end of 2025 as the government deals with the current backlog of applications and restructures the programme. We do not expect the programme to be open before January 2026.

HOW TO SPONSOR A REFUGEE

The government has been restructuring many of the application processes. There are also stricter financial guidelines for sponsors. If you are preparing to apply for your friend when the programme reopens, you should contact a Canadian immigration lawyer directly to explain in detail about the existing Sponsorship Agreement Holder (SAH) and the steps one would have to take to become an SAH. One of the key responsibilities as a sponsor is that once the refugee arrives in Canada, your group will be fully responsible for providing financial and emotional support to your friend and her family and to help them settle into their new community.

In preparation for when the programme reopens, I recommend that you take this opportunity to review and prepare the application, ensuring that you have all the necessary supporting documents such as proof of identity, financial statements, and prepare a detailed settlement plan that outlines how you will support the refugee. Once the application portal has reopened, you will need to submit the application online and upload all the required documents.

OTHER OPTIONS

You did not provide information about your friend’s social and educational background. However, there may be other options available to your friend via the Express Entry System such as the Federal Skilled Worker Programme, Federal Skilled Trade Programme, the Canadian Experience Class, or Provincial Nominee Programme.

A refugee application may not be the best option for your friend to remain permanently in Canada. I, therefore, strongly recommend that you schedule an online consultation with a Canadian lawyer to ensure that your friend is choosing the most appropriate programme to achieve her long-term goals.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. Send your questions or comments via WhatsApp or tel: 613.695.8777. You may request a Zoom/telephone consultation via Facebook or Instagram.