Resettlement to Canada

Resource Person: Jennifer Stone

Staff Lawyer, Neighbourhood Legal Services
333 Queen St. East, Toronto, ON

Tel: 416-861-0677 x236

Fax: 416-861-1777

Email: stonej [at] lao [dot] on [dot] ca (stonej[at]lao.on.ca)

This page is currently being updated as its contents are out of date.

Eligibility Criteria

In order to be eligible for resettlement in Canada, a refugee must belong to one of these categories:

• Convention Refugees Abroad

• Humanitarian-Protected Persons Abroad in either the

1. Country of Asylum Class; or
2. Source Country Class.

Convention Refugees Abroad are persons who meet the refugee definition in the 1951 Convention Relating to the Status of Refugees (hereafter the 1951 Convention): those who have a well-founded fear of persecution based on race, religion, political opinion, nationality, or a membership of a particular social group. Refugees in this class can apply if they live outside their home country, or the country where they normally live, and have, within a reasonable period of time, no durable solution other than resettlement in Canada. But individuals in this category have to be referred by UNHCR or by a private sponsorship group to Canada for resettlement.

The Country of Asylum Class is for persons in refugee-like situations who do not qualify as Convention Refugees. To qualify under this category, the refugees must be outside their home country or the country where they normally live; be seriously and personally affected by civil war, armed conflict or massive violations of human rights and unable to find an adequate solution within a reasonable period of time. Individuals in this category are mainly identified and referred by private sponsorship groups.

Refugees are in the Source Country class if they meet the 1951 Convention definition with the exception that they still live in their country of origin or habitual residence. The country must be named a source country for refugees by Citizenship and Immigration Canada (CIC). As of October 2010, Source countries for refugees are: DR Congo; Sudan; El Salvador; Guatemala; Colombia and Sierra Leone. The person can apply under this category if he/ she has lost the right of freedom of expression, the right of dissent or the right to engage in trade union activity,  has been detained or imprisoned as a result and cannot find an adequate solution within a reasonable period of time. Private sponsorship groups identify and refer refugees from source countries. This class allows refugees, however, in unusual cases, to apply directly to the Canadian visa office serving their region for resettlement without a referral.

Refugee Sponsorship

Refugees accepted for resettlement to Canada must have enough money for basic necessities (e.g., lodging, food, shelter, and clothing).  Self-supporting refugees do not receive financial and other support from the government but are eligible to take part in government programs for newcomers, such as language instruction and orientation services.

Refugees selected for resettlement to Canada can also be sponsored by the government and/or a private sponsoring group. Three types of sponsorship exist:

• Government assisted: the costs are fully funded by the government. Government-assisted refugees are Convention Refugees Abroad and members of the Source Country Class whose initial resettlement in Canada is entirely supported by the Government of Canada or Quebec. The government provides refugees with financial support and essential services in the form of accommodation, clothing, food and resettlement assistance for up to one year from the date of arrival in Canada, or until the refugees are able to support themselves.

• Private sponsorship: the refugee sponsorship is fully funded by private sponsoring groups. They are responsible for all material and financial support, and for providing emotional support and orientation during the sponsorship period (usually the refugee’s first 12 months in Canada), or until the refugees become self-supporting. Privately sponsored refugees are Convention Refugees Abroad and members of both the Country of Asylum and Source Country Classes whose resettlement in Canada is supported by:

1. Groups of Five (G5) which are groups of five or more Canadian citizens or permanent residents, who are at least 18 years of age and who live in the community where the refuges are expected to settle.
2. Sponsorship Agreement Holders (SAHs) which are established organizations that have signed a Refugee Sponsorship Agreement with the Minister of Citizenship and Immigration. There are currently over 75 SAHs across Canada, ranging from religious organizations to ethnocultural groups and other humanitarian organizations. SAHs may recognise Constituent Groups (CGs) to sponsor refugees under its agreement.
3. Any organisation, association or corporation which has adequate financial capacity and is based in the community where the refugee is expected to live can sponsor a refugee as a Community Sponsor.

In private sponsorship, refugees may be identified directly by the sponsoring group (sponsor-referred cases), or may be indentified and referred to the sponsoring group by the visa office (visa office-referred cases).
The following people do NOT qualify for private sponsorship:

1. 1. People already in Canada: Such persons seeking Canada’s protection as refugees should contact their local Citizenship and Immigration Centre for information on how to make a refugee claim.
   2. People who were the subject of a previous sponsorship application and were refused, unless their circumstances have changed (e.g., new information, which was not presented in the previous application has come to light; or the Canadian laws affecting the case have changed).
   3. People deemed to be Convention refugees by another country and allowed to live there permanently.
   4. People who fled persecution or civil war some time ago but who can now integrate into the country where they are residing or can return home safely.

• Joint Assistance Sponsorship (JAS) the government funds the sponsorships with private sponsoring groups providing logistical and moral support. The JAS program enables (SAHs) and their (CGs) to partner with the Government in the resettlement of refugees particularly those who are identified as having special needs. Community Sponsors are not eligible for JAS programs.

Additional Sponsorship Opportunities

• Women at Risk (WAR) Program was set up to ensure that refugee women applicants are not disadvantaged regarding the resettlement opportunities and throughout the resettlement process. The persecution or harassment some women experience may be solely gender-based. While applicants must qualify as Convention Refugees Abroad or members of the Country of Asylum or Source Country classes, they may not fully meet the requirement to demonstrate an ability to establish themselves in Canada in the short or medium term. They may then require additional assistance to successfully resettle, or they may have faced trauma and violence that has left them emotionally vulnerable and in need of extra assistance. Women at Risk may come as government-assisted, as privately sponsored, or under a Joint Assistance Sponsorship.
• Urgent Protection Program (UPP) Refugees who qualify for resettlement in Canada and are in need of urgent protection because of immediate threats to life, liberty or physical safety are resettled on the expedited basis required by their particular circumstances. The UNHCR or another recognized referral organization refers UPP cases to Canadian visa offices abroad. Thereafter, a decision to resettle the refugee can be made within 24 hours. CIC tries to ensure that these cases are en route to Canada within three to five days of referral to the mission or, given local challenges, as soon as possible. Resettlement to another country is considered when the CIC is unable to provide immediate protection.
• Family Class Sponsorships:  are processed faster, do not require that the persons meet the refugee eligibility definitions, do not require that the persons be able to establish themselves, and the persons have appeal rights. Persons who are the close relatives (spouse, dependent children, parents, grandparents, orphaned minor brothers and sisters) of someone already in Canada, should usually be sponsored by that family member. However, Family Class Sponsorships cannot be used for extended families. In this case, a Family Class Sponsorship is not possible.

Family members include spouse or common-law partner and dependent children:

1. 1. Spouse: This is a person of the opposite sex to whom the applicant is legally married.
   2. Common-law partner: is the person who is living in a conjugal relationship with another person either of the opposite sex or same sex, and has done so for a period of at least one year.
   3. Common-law partners who have been separated for reasons beyond their control (for example, civil war or armed conflict) should also be included on the application. Separated family members may be reunited in Canada if they apply within one year of the date the Principal Applicant (PA) arrived in Canada.
   4. Dependent children: Dependent children may be the refugee’s own children or those of the refugee’s spouse or common-law partner. To be considered dependent, the child must:
   • be under the age of 22 and not have a spouse or common-law partner; or
   • depend substantially on the financial support of a parent and have been continuously enrolled and in attendance as full-time students in a government-accredited post secondary institution since before the age of 22 (or since marrying or entering into a common-law relationship, if this happened before the age of 22); or
   • depend substantially on the financial support of a parent since before the age of 22 and unable to provide for themselves due to a medical condition.

De facto dependants do not meet the definition of family members but are considered to be an integral part of the family unit. Such individuals should be included in the sponsorship. They must be the dependants of a PA who has been determined to be a member of one of the three refugee classes mentioned above. The de facto dependant must meet the definition of refugee in his own right even when a dependency relationship is established. If the de facto relationship cannot be established, then the refugee must be assessed in his/her own right as a refugee.

Examples of persons who may qualify as de facto dependants:

• An unmarried adult daughter in cultures where it is normal for an unmarried adult daughter to remain dependent until she marries.
• A widowed sister or sister-in-law in a culture where it is normal for the applicant to take on responsibility for her care and sustenance when she has no other means of support.
• Nieces and nephews whose parents have been killed or are missing. In the case of nieces and nephews, sponsors must take into consideration the best interests of the child and ensure that there are no disputes with respect to custody or guardianship.
• Parents of any age living with the principal applicant and without other children with whom they could reside, or without means of support other than the principal applicant.
• Elderly relatives who have lived with the principal applicant for a substantial period or who are solely or for the most part dependent on the applicant for care, shelter.

Examples of persons who would NOT be found to be de facto dependants: