Refugees Outside Canada
We often get questions from individuals outside Canada who wish to seek asylum in Canada. Generally speaking, only those who are physically in Canada can make refugee claims here. However, in certain circumstances, refugees who are outside Canada can resettle here. The flowchart below will give you a visual of the process, with more details further below.
First and foremost, you MUST be outside your country. It is not possible to resettle to Canada if you are still inside your own country.
Second, with very limited exceptions, you MUST already have refugee status, either from the UNHCR or by the foreign country you are living in.
Third, there is no durable (permanent) solution for you in the country you are currently living in.
Private sponsorship of refugees
If you have refugee status from the UNHCR or the country in which you are living, you can resettle in Canada if you can secure a sponsor. Sponsors include:
Group of 5
Community sponsors
If you do not have refugee status already, you may still be sponsored by:
Sponsorship Agreement Holders (SAH)
Group of 5
A Group of Five (G5) is five or more Canadian citizens or permanent residents who have arranged to sponsor a refugee (or family) living abroad to come to Canada. The G5 members must live in the intended community where the refugee(s) will resettle. The G5 members must also pass eligibility requirements, which include financial requirements. They must commit to supporting the refugee(s) for at least 1 year after their arrival in Canada.
Community Sponsors
Community sponsors are organizations, associations, or corporations that can sponsor refugees. They often partner with individuals (co-sponsor) to sponsor refugees. They must also meet eligibility requirements including the financial ability to support the sponsored individuals.
Sponsorship Agreement Holders (SAHs)
SAHs are pre-approved community groups (like churches) that can sponsor refugees, including those who do not yet have refugee protection. This is only possible for sponsorship by SAHs. You can find a list of approved SAHs here: Private Sponsorship of Refugees Program – Sponsorship Agreement Holders - Canada.ca
Refugee eligibility
Despite recognition of refugee protection by the UNHCR or a foreign state, Canada will conduct its own assessment before resettlement. Refugees abroad can be resettled if they are considered to be part of the Convention Refugees Abroad Class or the Country of Asylum Class.
Convention Refugees Abroad Class
Indiviudals must demonstrate that they are outside their country and cannot return to their own country becuase of a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group (examples: gender, sexual orientation, etc). Once again, unless you are sponsored by a SAH, you must be a recognized refugee by the UNHCR or a foreign state.
Country of Asylum Class
If you are youside your country, and you can demonstrate that you have been seriously affected by civil war or armed conflict, or have been denied basic human rights on an ongoing basis in your home country, you may be found to be part of the Country of Asylum Class. Once again, unless you are sponsored by a SAH, you must be a recognized refugee by the UNHCR or a foreign state.
Durable Solution
Durable solution means that there is some type of permanent solution for the refugee in the country they are living in. If there is a durable solution, then Canada will not resettle the refugee(s). There are three types of durable solution situations:
Voluntary Repatriation
Local Integration; and
Resettlement in a country other than Canada
Voluntary repatriation exists if the conditions in the home country change significantly enough that the refugee(s) can return safely to their country.
Local integration allows the refugee to live permanently in safety and dignity in the country of refuge and partake of its enduring legal, economic and social benefits. While ideally sanctioned by law, CIC recognizes that even where benefits are not legally conferred, in some cases the refugee may be de facto locally integrated as a result of actual enduring conditions. Conversely, where benefits are legally extended to refugees but factors such as widespread discrimination by the host society prevent real access to those benefits, then local integration has not occurred.
Resettlement in a third country means that the refugee(s) have been referred to a safe third country where they will be able to have a safe and permanent solution. In those situations, unless there is a very compelling reason, they will not be resettled to Canada.
As you can see, the refugee process is very complex and it is very important for sponsors to get good legal advice from the beginning. We often see refusals because the refugees and their sponsors don’t have legal representation and fail to provide good evidence to prove that they meet the legal test to be refugees, and that there is no durable solution for them in the country they are living in. Interviews are crucial to succeeding on these types of applications.
Please note that as lawyers, we cannot find you sponsors.
If you wish to have legal representation, or a consultation, with respect to this process, don’t hesitate to contact us!