In Canada, the asylum claim process varies depending on whether you apply at a port of entry (airport, seaport, or land border) or from within the country (inland).
At a port of entry, Canada Border Services Agency (CBSA) officers conduct an initial examination to determine your eligibility and, if eligible, refer your claim to the Immigration and Refugee Board (IRB). Inland applicants submit their claim directly to Immigration, Refugees and Citizenship Canada (IRCC) by completing an online application and providing necessary documentation.
This guide is designed to clearly outline these differences and similarities between the two pathways, helping you navigate the asylum application process more confidently and effectively.
Applying for Asylum in Canada (inland vs at port of entry) Comparison
Inside of Canada
Start a claim online:
If you are inside Canada, use the IRCC Portal to submit your asylum application online:
- Prepare your documents.
- You will be asked to provide:
- a complete copy of the IRB’s Basis of Claim (BOC) form
- a copy of your passport or travel document or other identification document
- a Use of a Representative form (if you use a representative)
- You will be asked to provide:
- Create an IRCC Portal account and include your family members physically present in Canada with you.
- To create an IRCC Portal account you must:
- Get an invitation code (if you do not have an account with IRCC) by providing your email address where IRCC will send you an invitation code.
- Sign up for a Portal account with your invitation code and create your Portal account.
- To create an IRCC Portal account you must:
- Complete your refugee claim application:
- Once you sign into your IRCC Portal account, choose “Make a new refugee claim”.
- Add your family member if they are applying for asylum with you (if they are physically present with you inside of Canada).
- Once complete submit your application.
At a port of entry
To start a claim at the border:
To start a claim at the border, you must tell the Canada Border Services Agency (CBSA) Officer you would like to claim asylum or make a refugee claim:
- Prove your identity documents: (original passports or travel documents) You will receive certified copies of your documents. (If you don’t have any documents to identify you, you may be detained until your identity is verified).
- Give your biometrics (fingerprints and photographs).
- Complete your interview to determine your eligibility.
They will ask you about:- Your background, why you came to Canada.
- What dangers you face in your home country.
- After your interview If your claim is determined eligible, it will be referred to the Immigration and Refugee Board of Canada (IRB).
You will be given instructions on how to:- Fill out and submit a complete copy of the IRB’s Basis of Claim (BOC) form.
- Complete your immigration medical examination and a Medical Report form (IMM 1017E)
- Brown paper (a refugee protection identity document (RPID).
- Certified copies of your identity and travel documents being held by CBSA.
- Copies of any forms you have already filled out while with the CBSA.
- Interim Federal Health Program document.
You may be asked to come back for another interview at a later date and will be allowed to enter Canada while you wait. In this case you will be given a document called an acknowledgement of claim instead of the brown paper (the refugee protection identity document).
If you don’t meet the eligibility requirements, your claim will not be referred to the IRB and you will be referred for removal from Canada.
Inside of Canada
After you submit your claim:
After you submit your claim
If your claim is incomplete, we will tell you what is missing.
If your claim is complete, we will send you:
an “Acknowledgment of Claim” letter to confirm we have received your claim, instructions for getting a medical exam and a Medical Report form (IMM 1017E). for the medical exams you have to take an appointment with one of the panel physicians (a physician approved by IRCC) then you will receive instructions for your in-person appointment, to provide fingerprints, photographs and your passports/travel documents will be seized by a CBSA/IRCC officer.
At your in person appointment:
An IRCC/CBSA officer will interview you to make sure your claim meets the eligibility requirements.
If your claim is determined eligible, it will be referred to the Immigration and Refugee Board of Canada (IRB) and you will be asked to go to get your brown paper (Refugee Protection Claimant Document (RPCD)).
The IRB will schedule a hearing for your claim and will decide if you meet the definition of a Convention refugee or a person in need of protection.
If you don’t meet the eligibility requirements, your claim will not be referred to the IRB and you will be referred to CBSA for removal from Canada.
At a port of entry
Complete your claim online :
(You have 45 days to submit your Basis Of Claim BOC)
To complete your claim online:
- Prepare your documents: You would need information from your acknowledgement of claim, or brown paper. please note that your BOC must be sent directly to the IRB within 45 days, and you have to upload a copy to your account at IRCC portal. Consult a professional (Immigration consultant) to avoid errors.
- Create an IRCC Portal account: (it is used for yourself and your family members applying for asylum with you at the same time).
- Get an invitation code if you do not already have an account by providing your email. IRCC will send you an invitation code that you will need to sign up.
- Sign up for an IRCC Portal account with your invitation code and create your IRCC Portal account.
- Complete your refugee claim application: Once you sign in to your IRCC Portal account, choose “Continue a claim made to the Canada Border Services Agency (CBSA).”
“If your receive an error that your application information is not in the system
Review your entries to make sure they are entered exactly as they are on your document.
If they are not listed, click “No” and contact the CBSA by email at CBSA.Asylum-Asile.ASFC@CBSA-ASFC.gc.ca and include:
1- Your application number (starts with the letter “L”)
2- The name(s) and application number(s) of your family member(s)”
While you wait
(if you apply at a port of entry or from inside of Canada this step is the same)
Working and Studying While Awaiting Refugee Claim Decision:
A- Work Permits:
- Application for a work permit is part of the asylum application now in Canada. Apply during online refugee application by selecting “Yes” when asked about work permits.
- Refugee claimants get free open work permits if their claim is referred to IRB and they pass medical exams. (you may not get your work permit if you have criminality issues or do not pass your medical exam)
- Family members included in your claim can also request work permits
- If not requested during initial claim, you can apply separately later with no fees but you have to provide a proof that you passed medical exams and a copy of your brown paper and other supporting documents
- Get a Social Insurance Number (SIN) once you receive your work permit from Service Canada.
B- Study Permits:
- Minor children (under the age of 18) don’t need permits for K-12 education.
- Adults need study permits to attend educational institutions (you pay international tuitions)
- Must apply online separately from refugee claim.
- Requires acceptance letter from a designated learning institution.
- Regular study permit fees apply.
- You must provide enough fund in your bank account covering tuition fees and your personal expenses.
After your hearing
If the Immigration and Refugee Board of Canada (IRB) accepts your claim, you get “convention refugee or protected person” status. This means you can stay in Canada, and you can apply to become a permanent resident of Canada. If the IRB rejects your claim, you may appeal to the Refugee Appeal Division or to the Federal Court (depending on your circumstances).
General info
Your refugee (asylum) claim may not be eligible if you:
- Are recognized as a Convention refugee by another country that you can return to
- Already have protected person status in Canada.
- Are subject to a removal order.
- Have already made a refugee claim in another country.
- Are inadmissible to Canada on security grounds or because of criminal activity or human rights violations.
- Made a previous refugee claim in Canada that was determined to be ineligible.
- Made a previous refugee claim in Canada that was rejected, abandoned, or withdrawn.
If you enter Canada from the U.S.
The Canada-U.S. Safe Third Country Agreement (STCA) helps both governments manage access to their refugee system for people crossing the land border.
Your claim may not be eligible if you entered Canada from the U.S.:
- At an official land border crossing
- Anywhere along the border, including rivers, lakes and other waterways, and made a refugee claim less than 14 days after the day that you entered
- If you try to make a refugee (asylum) claim in Canada after entering from the U.S., you will be returned to the U.S. unless you meet an exception or exemption to the Agreement.
“If your claim is rejected you may apply to one of the following depending on your situation (consult a professional to know which one applies to you)”
Refugee Appeal:
Most rejected asylum applications are eligible to apply to the Refugee Appeal Division (RAD) at the Immigration and Refugee Board of Canada. In some cases, you cannot. Always consult a professional at this stage to know which way is possible for your specific case.
* If not eligible to apply to (RAD)
You may apply to the Federal Court of Canada for judicial review. You can ask the Federal Court of Canada to review the decision made on your case.
Finally
While the intricacies of Canada’s asylum process, particularly the differences between port of entry and inland claims, can seem daunting, LMRT Immigration is here to guide you through every step.
We understand the challenges you face and are committed to providing the expert support and personalized advice you need to navigate these complexities.
By helping you clearly understand the distinct procedures and requirements of each pathway, we aim to empower you to manage your expectations, prepare thoroughly, and present your case effectively.
With LMRT Immigration Services by your side, you can enhance your prospects of securing refugee protection in Canada and building a future of safety and stability.
An experienced immigration consultant can play a crucial role in this process, providing you with the advice and assistance you need to navigate the legal and bureaucratic landscape effectively Book your online immigration consultation today!
FAQ
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What happens if you seek asylum at a port of entry in Canada?
You must provide identity documents, declare that you are seeking asylum in Canada. You will fill out forms and officials from the Canada Border Services Agency (CBSA) will interview you to determine whether you can claim asylum in Canada. Sometimes, this is done at a later date in the nearest main city depending on the location of the port-of-entry you go to.
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What is port of entry Canada immigration?
When you arrive in Canada, you will arrive at a Port of Entry. A Port of Entry (POE) is a place which is selected as an entry point into Canada by the Government of Canada. Usually, the Port of Entry that you come through will be the first airport or land crossing point that you stop at in Canada. You will be checked by CBSA officers at a Port of Entry.
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How do I claim an inland refugee in Canada?
If you are inside Canada, you will need to use the IRCC Portal to submit a refugee (asylum) claim online. You must prepare a digital copy of your documents to be uploaded to your profile.
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How long does it take to process a refugee claim in Canada?
approximately 24 months. Projected wait times are approximately 24 months for refugee claims and 12 months for refugee appeals.
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Do refugees pay taxes in Canada?
Yes, refugees in Canada are required to pay taxes on their income, just like all other Canadian residents.
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What is the difference between a refugee and an asylum seeker in Canada?
In Canada, an asylum seeker is someone who has fled their home country and is asking for protection, while a refugee is someone who has been formally recognized as needing protection and granted refugee status.
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What qualifies for political asylum in Canada?
Being outside your country of citizenship or formal habitual residence and having a well-founded fear of persecution, a danger of torture, a risk to your life, or a risk of cruel and unusual treatment or punishment because of your political opinion.
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What qualifies for religious asylum in Canada?
Being outside your country of citizenship or formal habitual residence and having a well-founded fear of persecution, a danger of torture, a risk to your life, or a risk of cruel and unusual treatment or punishment because of your religious believes.
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What is particular social groups?
Simple Examples of Particular Social Groups:
1- Family Members: Example: A family targeted by threats or violence because one member is politically active or believed to have committed an offense.
2- Sexual Orientation: Example: Lesbian, gay, bisexual, or transgender individuals persecuted in countries where such identities are criminalized or socially unacceptable.
3- Gender-Based Groups: Example: Women at risk of forced marriage, domestic violence, honor killings, or practices like female genital mutilation (FGM).
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How to win a refugee case in Canada?
If you look for an answer to this question by google you will get the following wrong answer:
“To increase your chances of winning a refugee case in Canada, provide a detailed and honest personal statement, gather strong evidence of persecution, prepare for the hearing, and demonstrate your ability to integrate into Canadian society.”
Deciding a refugee claim cannot consider “demonstrate your ability to integrate into Canadian society”. It is totally illegal and wrong.
By contrast, preparing your story with the help of a professional (good immigration consultant) improve your story and how it fits the requirements.
Preparing the adequate and necessary documents, preparing for the hearing by having a mock hearing with your representative, performing well during the hearing, and providing good submissions by your representative all are important factors to win your case.
Disclaimer: This information is for general knowledge and informational purposes only and does not constitute legal advice..
