Asylum and immigration law - 2021

Updated: Sep 9, 2021

Canada as a liberal and rich country is a popular destination for many immigrants and asylum seekers from all over the world every year. The Immigration and Refugee Protection Act requires that every person wants to enter Canada must appear for an examination at a port of entry to determine whether that person has a right to enter Canada, or may become authorized to enter and remain in Canada. CBSA or IRCC officials will determine if an individual is eligible to make an asylum claim in Canada.



Immigration Applicants

The cases of immigrants are processed by Immigration, Refugees, and Citizenship Canada (IRCC) office. Individuals who are accepted by IRCC, arrive in Canada as permanent residents.

· Spouses and dependent children: Children who are 22 or over with physical or mental disabilities are eligible to be processed as dependent. These Sponsorship applications take approximately 12 months or less to process from start to finish. You are eligible for this type sponsorship if you are at least 18 years old, be a Canadian citizen or permanent resident, and able to provide for the basic financial needs of your spouse and dependent children. The costs of sponsorship include Sponsorship fee $75, Principal applicant processing fee $475, Right of permanent residence fee $500, Biometrics: $85 are in total $1135. If you are sponsoring your spouse and they have dependent children, then an additional $150 payment will be required for each child included in the application.

· Economic immigrants: It is provided for people such as skilled workers and business people, who wish to become permanent residents of Canada based on their skills. Skilled Worker immigrants must have at least $10,000 when they enter Canada, plus an additional $2,000-3,000 for each dependent. Also, they need to have skills in English and/or French, foreign educational credential, and an Educational Credential Assessment by an agency approved by IRCC, enough work experience, and at least 18 years old. The evaluation process takes 6 months or less.

Asylum Claimants

The cases of Asylum Claimants and Refugee seekers are processed by the Immigration and Refugee Board (IRB). Foreign nationals, who fear persecution, who are at serious risk of harm and who cannot get protection in their own country often seek refuge in Canada. People who are recognized as refugees are allowed to stay in Canada and may apply for permanent residence status, and eventually may apply to become Canadian citizens.

Individuals can make an asylum claim in Canada at a port of entry, at the border, after entry between official crossings, and at a Canada Border Services Agency (CBSA) inland office or an Immigration, Refugees and Citizenship Canada (IRCC) inland office. CBSA or IRCC officials will then determine if an individual is eligible to make an asylum claim.

Benefits

Canada provides income support under the RAP to eligible refugees who cannot pay for their own basic needs. Support can include a: one-time household start-up allowance, and. monthly income support payment. You can legally work in Canada once you receive your work permit. The permit is free and can also be renewed for free if you are still waiting for your hearing with the Immigration and Refugee Board of Canada.

How long does it take to get an asylum?

It tend to takes between 6 months and several years. The length of asylum process may vary depending on whether the asylum seeker filed affirmatively or defensively and on the particular facts of his or her asylum claim.

Summary

Asylum claimants are not placed ahead of immigrants who already have applications in progress; they are two separate processes. If your claim for refugee status is rejected and you are found to be inadmissible, it means you may not enter or stay in Canada. If you have exhausted all the appeal and review options for challenging your removal, your removal order will come into force allowing the Canada Border Services Agency (CBSA) to remove you from Canada.

Due to the current pandemic, the Government of Canada has implemented temporary changes to various immigration programs and procedures. For the most up-to-date information, visit canada.ca. You can make a refugee claim within Canada when you arrive by land, sea or air. You can make a refugee claim outside of Canada, if you are sponsored by the government or a private group.

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