Refugee Status: Protection from Outside Canada

Can you apply for Refugee Protection from outside of Canada?

Yes, you can apply from outside of Canada if you are outside of your country. This however, can be a difficult process in most cases. In order to start this process you must first apply to the United Nations High Commission for Refugees (UNHCR).

By taking this step you will be asked to prove that there is no way that you can be settled in the country that are currently residing in. You will usually also have to show that you are going to be economically successful in Canada if you come.

If you do choose to come this way, the term refugee is used a little more restrictively and that means that you will not have the right to a lawyer at your interview and your waiting period may be upwards of many years.

How do you know if you can apply this way?

You will have to see if you fall under one of the two classes that will allow you to apply this way. These classes are:

    1. Convention Refugee Abroad Class

You will fall into this class if:

• You are outside your home country
• Or, you cannot return back to your home country because of a well-founded fear of being persecuted based on:

• Race
• Religion
• Political opinion
• Nationality, or;
• By being in a membership in a particular group – for example: women or people with particular sexual orientation

It is also required that you be:

• Outside of Canada want to come into Canada
• Referred by the UNHCR or another referral groupor you can even be sponsored by a private sponsorship group, and;
• You either are required to have the funds needed to support yourself and any dependants that you are going to have after you arrive in Canada, be selected as a government assisted or privately sponsored refugee

    2. Country of Asylum class

You may be considered to be in this class if you:

• Are outside of your home country or the country that you normally live in and continue to be seriously and personally affected by civil war, armed conflict or have suffered massive violations of human rights.

Other requirements for this class are:

• That you are outside of Canada when you are applying
• You are referred to by the UNHCR, another referral group or sponsored by a private sponsorship group, and;
• You are either privately sponsored or that you have the funds that are going to be needed in order for you to support yourself and any dependants if there are any, once you arrive to Canada

In both situations it is very likely that you will have to pass a Medical Exam and a Security and Criminal Checks.

Why wouldn’t you be eligible?

You would not be eligible if:

• You obtain another secure offer for protectionin another country
• You become a citizen of another country and have the protection of that country already
• You choose to return to live in the country that you left and are asking for protection against, and;
• The reasons for your fear of persecution are no longer there, they no longer exist

This whole process can be very tricky and there are a lot of fine lines that come along with it. If you have any inquiries please feel free to contact us and we will be more than happy to assist you in any way that we can. At Akrami & Associates, there is Always a Way!