Clicklaw Wikibooks - User contributions [en]

My Husband Sponsored Me and We Have Now Separated

2017-05-17T20:35:26Z

Rochelle Appleby: this change reflects changes to the law as of April 28, 2017 when the Government of Canada eliminated "conditional" Permanent Resident status

{{Template:Legal Help Guide TOC}}If your spouse sponsored you and you have separated, you have the right to remain in Canada as long as you are a permanent resident or a citizen.

Before April 28, 2017 some permanent resident status was conditional. A conditional permanent resident was required to live with their sponsor for 2 years. As of April 28, 2017 the Government of Canada has eliminated this condition. This change applies to anyone who was subject to this condition as well as persons sponsored in the future.

If you are a permanent resident immigration officials cannot ask you to leave Canada if you separate from your spouse unless they believe the marriage was not genuine.

'''What if I'm not a permanent resident?'''

If you are not a permanent resident and you want to remain in Canada, you may do one of two things:
:* Apply for ''refugee status''. For information, see [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
:OR
:* Apply for permanent resident status based on ''humanitarian and compassionate grounds''. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].

== First steps ==
#Get help from a lawyer or a settlement or community agency:
#*If you cannot afford a lawyer, apply for legal aid. See [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation legal aid representation] in the Resource List. To get legal aid you must be financially eligible and your case must have a reasonable chance of success.
#*If you do not qualify for legal aid, contact an immigration settlement agency. See [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown] for a list of community workers and settlement agencies, or use the [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map]].
#*Contact the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Contact the [http://wiki.clicklaw.bc.ca/index.php/Law_Students%27_Legal_Advice_Program Law Students' Legal Advice Program]] if you live in the Lower Mainland.
#*Pay for a lawyer or immigration consultant.
#If you have a child, get legal advice. See [http://wiki.clicklaw.bc.ca/index.php/I_just_separated_from_the_other_parent_of_my_children I just separated from the other parent of my children].
#If you fear returning to your country, get legal advice about how to apply for refugee status. See the section [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
#If you were sponsored by your husband and the sponsorship application was not completed when you separated, get legal advice. You may be able to apply to stay in Canada on humanitarian or compassionate grounds. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].
#If your spouse is no longer supporting you see the resource titled [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown].

{{Tipsbox
| width = 70%
| tips = Unless you already have a work permit, you are not entitled to work in Canada while an H&C application is under consideration until you have been "approved in principle."
}}

==Where to get help==

See the [[Resource List for Legal Help for British Columbians | Resource List]] in this guide for a list of helpful resources. Your best bets are:
* [[Legal Aid Representation | Legal aid representation]], to see if you qualify for legal aid.
* [[Government of Canada's Settlement Services Directory]] to find agencies that provide services to immigrants and refugee claimants.
* The Clicklaw common question [http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]

{{REVIEWED | reviewer = [[Rochelle Appleby]], May 2017}}

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I'm a Permanent Resident and Have Been Charged with a Criminal Offence

2017-03-13T19:25:16Z

Rochelle Appleby: minor edit included misrepresentation as a ground for loss of citizenship

{{Template:Legal Help Guide TOC}}When someone who is not a Canadian citizen is charged with a criminal offence, immigration officials will be notified.

You could lose your permanent resident status and you could be deported to your country of origin if you are convicted of a serious crime.

A crime is serious if:
:*the maximum sentence you could get is 10 or more years in prison (even if you get a shorter sentence), or
:*the sentence that you do get is more than six months in prison.

{{Tipsbox
| width = 70%
| tips = If you are a permanent resident, it is a good idea to apply for Canadian citizenship as soon as you meet the requirements. Once you become a citizen you cannot be removed from Canada other than in extremely rare circumstances or if you misrepresented facts on your application.

If you are not a citizen and you are charged with a crime, get legal advice as soon as you can. See '''Where to get help'''.
}}

== First steps ==
#It is very important to see a lawyer who has experience in criminal law and immigration law. If you cannot afford to hire a lawyer, apply for legal aid. See [[Legal Aid Representation|legal aid representation]] in the Resource List for information about how to apply for legal aid. To get legal aid you must be financially eligible and there must be a risk of jail or deportation if you are convicted of the charge.
#If you are detained because of the criminal charge, contact criminal duty counsel. If you are detained because of immigration proceedings, contact immigration duty counsel. See [[Duty Counsel|duty counsel]] in the Resource List for more information.

==What happens next==

#You will have to deal with the criminal charge in court. See "[[I've been charged with a criminal (or youth) offence and have to go to court]]" for information.
#If you plead guilty or are convicted at trial, the Immigration and Refugee Board may hold an ''admissibility hearing'' to decide if you can remain in Canada. See [http://www.clicklaw.bc.ca/resource/2121 Admissibility Hearings] for information about what can happen.
#If the admissibility hearing results in a ''removal order'', you may be able to appeal the order to the Immigration Appeal Division. But if your sentence is for more than six months, you lose your right to appeal.

:For information about the appeal process see:

:[http://www.clicklaw.bc.ca/resource/2119 Immigration and Refugee Board of Canada: Immigration and Refugee Appeals]

:[http://www.clicklaw.bc.ca/resource/2120 Information Guide: General Procedures of all appeals to the Immigration Appeal Division]

==Where to get help==
See the [[Resource List for Legal Help for British Columbians|Resource List]] of this guide for a list of helpful resources. Your best bets are:
:* [[Legal Aid Representation|Legal aid representation]], to see if you can get legal aid.
:* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugee claimants.
:* The ''Law Students' Legal Advice Program Manual'' chapter on [http://www.clicklaw.bc.ca/resource/1738 Immigration Law].

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Be sure to take copies of all the documents about your case.

{{REVIEWED | reviewer = [[Rochelle Appleby]], December 2015}}

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My Husband Sponsored Me and We Have Now Separated

2017-03-13T19:22:25Z

Rochelle Appleby:

{{Template:Legal Help Guide TOC}}If your spouse sponsored you and you have separated, your right to remain in Canada depends on:
:* whether you are a permanent resident, and
:* whether your status is ''conditional''.

If you are a permanent resident, and your status is is '''not conditional''', immigration officials cannot ask you to leave Canada if you separate from your spouse.

If you are a permanent resident and your status is '''conditional''':
:* you have to live with your spouse for at least two years after you arrive in Canada. But if '''your spouse abused or neglected you''', you can apply for full permanent resident status without the two-year waiting period. See a lawyer as soon as possible. Look at '''Where to get help'''. You will need to gather documents to prove the abuse or neglect.

'''You do not have to remain in an abusive situation.''' See [http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp Information for Sponsored Spouse or Partners] and the resource titled [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown], written for permanent residents and conditional permanent residents who need help when the person sponsoring them in Canada is no longer supporting them.

'''How do I know if my permanent resident status is ''conditional'''''?

Permanent resident status is ''conditional'' if:
:* your sponsorship was filed after October 25, 2012, and
:* at the time of your sponsorship application, you and your spouse did not have a child together, and
:* you had not been married or in a marriage-like relationship for at least two years.

If you and your spouse have a child together ''after'' the sponsorship application is filed, then your permanent resident status will still be conditional. NOTE: The government of Canada is reviewing the "conditional" permanent resident program. The law in this area may change.

'''What if I'm not a permanent resident?'''

If you are not a permanent resident and you want to remain in Canada, you may do one of two things:
:* Apply for ''refugee status''. For information, see [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
:OR
:* Apply for permanent resident status based on ''humanitarian and compassionate grounds''. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].

== First steps ==
#Get help from a lawyer or a settlement or community agency:
#*If you cannot afford a lawyer, apply for legal aid. See [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation legal aid representation] in the Resource List. To get legal aid you must be financially eligible and your case must have a reasonable chance of success.
#*If you do not qualify for legal aid, contact an immigration settlement agency. See [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown] for a list of community workers and settlement agencies, or use the [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map]].
#*Contact the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Contact the [http://wiki.clicklaw.bc.ca/index.php/Law_Students%27_Legal_Advice_Program Law Students' Legal Advice Program]] if you live in the Lower Mainland.
#*Pay for a lawyer or immigration consultant.
#If you have a child, get legal advice. See [http://wiki.clicklaw.bc.ca/index.php/I_just_separated_from_the_other_parent_of_my_children I just separated from the other parent of my children].
#If you fear returning to your country, get legal advice about how to apply for refugee status. See the section [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
#If you were sponsored by your husband and the sponsorship application was not completed when you separated, get legal advice. You may be able to apply to stay in Canada on humanitarian or compassionate grounds. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].
#If your spouse is no longer supporting you see the resource titled [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown].

{{Tipsbox
| width = 70%
| tips = Unless you already have a work permit, you are not entitled to work in Canada while an H&C application is under consideration until you have been "approved in principle."
}}

==Where to get help==

See the [http://wiki.clicklaw.bc.ca/index.php/Resource_List_for_Legal_Help_for_British_Columbians Resource List] in this guide for a list of helpful resources. Your best bets are:
* [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation Legal aid representation], to see if you qualify for legal aid.
* [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map] to find agencies that provide services to immigrants and refugee claimants.
* The Clicklaw common question [http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]

{{REVIEWED | reviewer = [[Rochelle Appleby]], December 2015}}

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{{Creative Commons for Legal Help Guide}}

My Husband Sponsored Me and We Have Now Separated

2017-03-13T19:17:42Z

Rochelle Appleby: added words "neglected"

{{Template:Legal Help Guide TOC}}If your spouse sponsored you and you have separated, your right to remain in Canada depends on:
:* whether you are a permanent resident, and
:* whether your status is ''conditional''.

If you are a permanent resident, and your status is is '''not conditional''', immigration officials cannot ask you to leave Canada if you separate from your spouse.

If you are a permanent resident and your status is '''conditional''':
:* you have to live with your spouse for at least two years after you arrive in Canada. But if '''your spouse abused or neglected you''', you can apply for full permanent resident status without the two-year waiting period. See a lawyer as soon as possible. Look at '''Where to get help'''. You will need to gather documents to prove the abuse or neglect.

'''You do not have to remain in an abusive situation.''' See [http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp Information for Sponsored Spouse or Partners] and the resource titled [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown], written for permanent residents and conditional permanent residents who need help when the person sponsoring them in Canada is no longer supporting them.

'''How do I know if my permanent resident status is ''conditional'''''?

Permanent resident status is ''conditional'' if:
:* your sponsorship was filed after October 25, 2012, and
:* at the time of your sponsorship application, you and your spouse did not have a child together, and
:* you had not been married or in a marriage-like relationship for at least two years.

If you and your spouse have a child together ''after'' the sponsorship application is filed, then your permanent resident status will still be conditional.

'''What if I'm not a permanent resident?'''

If you are not a permanent resident and you want to remain in Canada, you may do one of two things:
:* Apply for ''refugee status''. For information, see [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
:OR
:* Apply for permanent resident status based on ''humanitarian and compassionate grounds''. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].

== First steps ==
#Get help from a lawyer or a settlement or community agency:
#*If you cannot afford a lawyer, apply for legal aid. See [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation legal aid representation] in the Resource List. To get legal aid you must be financially eligible and your case must have a reasonable chance of success.
#*If you do not qualify for legal aid, contact an immigration settlement agency. See [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown] for a list of community workers and settlement agencies, or use the [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map]].
#*Contact the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Contact the [http://wiki.clicklaw.bc.ca/index.php/Law_Students%27_Legal_Advice_Program Law Students' Legal Advice Program]] if you live in the Lower Mainland.
#*Pay for a lawyer or immigration consultant.
#If you have a child, get legal advice. See [http://wiki.clicklaw.bc.ca/index.php/I_just_separated_from_the_other_parent_of_my_children I just separated from the other parent of my children].
#If you fear returning to your country, get legal advice about how to apply for refugee status. See the section [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
#If you were sponsored by your husband and the sponsorship application was not completed when you separated, get legal advice. You may be able to apply to stay in Canada on humanitarian or compassionate grounds. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].
#If your spouse is no longer supporting you see the resource titled [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown].

{{Tipsbox
| width = 70%
| tips = Unless you already have a work permit, you are not entitled to work in Canada while an H&C application is under consideration until you have been "approved in principle."
}}

==Where to get help==

See the [http://wiki.clicklaw.bc.ca/index.php/Resource_List_for_Legal_Help_for_British_Columbians Resource List] in this guide for a list of helpful resources. Your best bets are:
* [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation Legal aid representation], to see if you qualify for legal aid.
* [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map] to find agencies that provide services to immigrants and refugee claimants.
* The Clicklaw common question [http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]

{{REVIEWED | reviewer = [[Rochelle Appleby]], December 2015}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

I Want to Claim Refugee Status in Canada

2017-03-13T19:13:51Z

Rochelle Appleby: minor edit "board" does not decide eligibility this is done by immigration officer

{{Legal Help Guide TOC}}The Immigration and Refugee Board of Canada decides refugee claims.

You can make a claim for refugee status at a Canadian border or airport, or from within Canada. To be found to be a refugee, you must meet the definition of either a "Convention refugee" or a "person in need of protection." See definitions at the end of the article.

For information about refugee status, see Clicklaw for resources listed under the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

{{Tipsbox
| width = 60%
| tips = If you are detained, ask to speak to [http://wiki.clicklaw.bc.ca/index.php/Duty_Counsel immigration duty counsel] or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. Duty counsel are lawyers paid by Legal Services Society (legal aid) to assist people in detention at the Canada Border Services Agency's enforcement centre in Vancouver. Duty counsel provide detainees with advice regarding procedures and their legal rights, and may appear on their behalf at detention hearings.
}}

== First steps ==

# Before you start a refugee claim, try to get help from a lawyer or settlement agency:
#* If you cannot afford a lawyer on your own, apply for legal aid. See legal aid representation in the Resource List for information about how to apply for legal aid or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. To get legal aid you must be financially eligible and your refugee claim must have merit.
#* If you do not qualify for legal aid, contact an immigrant settlement agency.
#* Contact the Law Students' Legal Advice Program if you live in the Lower Mainland.
#* Pay for a lawyer or immigration consultant.
# If you are at an airport or at a Canadian border crossing, start your refugee claim by telling a Canadian Border Services Agency officer that you want to make a refugee claim. Staff at the Canada Border Services Agency will interview you. They will ask you to complete immigration forms and provide identity documents. If you come from the United States of America you might be returned to the USA because of the safe third party agreement between Canada and the USA.
# If you are already in Canada, you must submit the required forms to a Citizenship and Immigration Canada office to start your refugee claim. To find a list of offices, see [http://wiki.clicklaw.bc.ca/index.php/Citizenship_and_Immigration_Canada Citizenship and Immigration Canada] in the Resource List of this guide. You must provide identity documents. For information on preparing refugee claim forms see the online tool [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. It is advisable to complete the forms with the help of a lawyer.
# Once your immigration forms are complete, an immigration officer will interview you. The interview could take place when you first make your claim, or you might get an appointment to return for an interview. At your interview, the officer will decide whether you are eligible to make a refugee claim. If you are eligible, your case will go to the Immigration and Refugee Board of Canada and you will get a date for your hearing.

{{Tipsbox
| width = 60%
| tips = Complete the immigration forms and answer questions at your interview with the immigration officer carefully and truthfully. The information you provide will be used at your refugee hearing. Keep a copy of the forms for your records.
}}

== What happens next ==

The next step is to prepare for your refugee hearing before the Refugee Protection Division of the Immigration and Refugee Board. Your refugee hearing will be held within 30 to 60 days after you are found eligible to make a claim. The time of the hearing will depend on the country you are from and whether you made your claim at a port of entry (border or airport) or at a local CIC office.

:* For information about how to prepare for the hearing, see [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants].

If you do not agree with what the Board decides, you may be able to apply to the Refugee Appeal Division or the Federal Court of Canada to have the decision reviewed. Talk to a lawyer or settlement worker about this.

{{Tipsbox
| width = 60%
| tips = Not all people are eligible to make a refugee claim in Canada. For example, people who are not eligible include those who:
:* have made a refugee claim in Canada in the past,
:* came to Canada from or through a designated safe third country where they could have claimed refugee protection,
:* are not admissible to Canada on security grounds, or
:* are not admissible to Canada because of criminal activity or human rights violations.
}}

==Where to get help==
See the [[Resource List for Legal Help for British Columbians|Resource List]] of this Guide for a list of helpful resources. Your best bets are:

:* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
:* [[Citizenship and Immigration Canada]]. It has information for [http://www.clicklaw.bc.ca/resource/2096 Refugee Claims in Canada] that explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
:* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugees.
:* The [[Law Students' Legal Advice Program]] immigration clinics, if you live in the Lower Mainland.
:* [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]. It explains how to prepare for a refugee hearing.
:* [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. This is a guide to what happens in the refugee claim process.
:* Clicklaw resources for the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure you take copies of all documents about your case.

==Definitions==
'''Convention refugees''' are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution."

If you are a convention refugee, this means you have a good reason to believe you are in danger, and that the authorities in your country will not or cannot protect you. You may fear that you will be harmed because of your race, religion, political opinion, nationality, gender or sexual orientation.

'''Persons in need of protection''' are people who, if returned to their home country or country where they normally live, would face:

:* a danger of torture,
:* a risk to their life, or
:* a risk of cruel and unusual treatment or punishment.

To prove that you are a person at risk if returned to your country, you must show that all of the following apply:

:* you are not able to get state protection from your country,
:* the risk is specific towards you or your family,
:* you face the risk in every part of your country,
:* the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
:* the risk is not because of lack of adequate medical care.

{{REVIEWED | reviewer = [[Rochelle Appleby]], December 2015}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

I Want to Claim Refugee Status in Canada

2017-03-13T19:11:53Z

Rochelle Appleby: added one sentence to point #2 under first steps

{{Legal Help Guide TOC}}The Immigration and Refugee Board of Canada decides refugee claims.

You can make a claim for refugee status at a Canadian border or airport, or from within Canada. To be found to be a refugee, you must meet the definition of either a "Convention refugee" or a "person in need of protection." See definitions at the end of the article.

For information about refugee status, see Clicklaw for resources listed under the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

{{Tipsbox
| width = 60%
| tips = If you are detained, ask to speak to [http://wiki.clicklaw.bc.ca/index.php/Duty_Counsel immigration duty counsel] or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. Duty counsel are lawyers paid by Legal Services Society (legal aid) to assist people in detention at the Canada Border Services Agency's enforcement centre in Vancouver. Duty counsel provide detainees with advice regarding procedures and their legal rights, and may appear on their behalf at detention hearings.
}}

== First steps ==

# Before you start a refugee claim, try to get help from a lawyer or settlement agency:
#* If you cannot afford a lawyer on your own, apply for legal aid. See legal aid representation in the Resource List for information about how to apply for legal aid or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. To get legal aid you must be financially eligible and your refugee claim must have merit.
#* If you do not qualify for legal aid, contact an immigrant settlement agency.
#* Contact the Law Students' Legal Advice Program if you live in the Lower Mainland.
#* Pay for a lawyer or immigration consultant.
# If you are at an airport or at a Canadian border crossing, start your refugee claim by telling a Canadian Border Services Agency officer that you want to make a refugee claim. Staff at the Canada Border Services Agency will interview you. They will ask you to complete immigration forms and provide identity documents. If you come from the United States of America you might be returned to the USA because of the safe third party agreement between Canada and the USA.
# If you are already in Canada, you must submit the required forms to a Citizenship and Immigration Canada office to start your refugee claim. To find a list of offices, see [http://wiki.clicklaw.bc.ca/index.php/Citizenship_and_Immigration_Canada Citizenship and Immigration Canada] in the Resource List of this guide. You must provide identity documents. For information on preparing refugee claim forms see the online tool [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. It is advisable to complete the forms with the help of a lawyer.
# Once your immigration forms are complete, an immigration officer will interview you. The interview could take place when you first make your claim, or you might get an appointment to return for an interview. At your interview, the officer will decide whether you are eligible to make a refugee claim. If you are eligible, your case will go to the Immigration and Refugee Board of Canada and you will get a date for your hearing.

{{Tipsbox
| width = 60%
| tips = Complete the immigration forms and answer questions at your interview with the immigration officer carefully and truthfully. The information you provide will be used at your refugee hearing. Keep a copy of the forms for your records.
}}

== What happens next ==

The next step is to prepare for your refugee hearing before the Refugee Protection Division of the Immigration and Refugee Board. Your refugee hearing will be held within 30 to 60 days after the Board decides you are eligible to make a claim. The time of the hearing will depend on the country you are from and whether you made your claim at a port of entry (border or airport) or at a local CIC office.

:* For information about how to prepare for the hearing, see [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants].

If you do not agree with what the Board decides, you may be able to apply to the Refugee Appeal Division or the Federal Court of Canada to have the decision reviewed. Talk to a lawyer or settlement worker about this.

{{Tipsbox
| width = 60%
| tips = Not all people are eligible to make a refugee claim in Canada. For example, people who are not eligible include those who:
:* have made a refugee claim in Canada in the past,
:* came to Canada from or through a designated safe third country where they could have claimed refugee protection,
:* are not admissible to Canada on security grounds, or
:* are not admissible to Canada because of criminal activity or human rights violations.
}}

==Where to get help==
See the [[Resource List for Legal Help for British Columbians|Resource List]] of this Guide for a list of helpful resources. Your best bets are:

:* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
:* [[Citizenship and Immigration Canada]]. It has information for [http://www.clicklaw.bc.ca/resource/2096 Refugee Claims in Canada] that explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
:* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugees.
:* The [[Law Students' Legal Advice Program]] immigration clinics, if you live in the Lower Mainland.
:* [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]. It explains how to prepare for a refugee hearing.
:* [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. This is a guide to what happens in the refugee claim process.
:* Clicklaw resources for the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure you take copies of all documents about your case.

==Definitions==
'''Convention refugees''' are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution."

If you are a convention refugee, this means you have a good reason to believe you are in danger, and that the authorities in your country will not or cannot protect you. You may fear that you will be harmed because of your race, religion, political opinion, nationality, gender or sexual orientation.

'''Persons in need of protection''' are people who, if returned to their home country or country where they normally live, would face:

:* a danger of torture,
:* a risk to their life, or
:* a risk of cruel and unusual treatment or punishment.

To prove that you are a person at risk if returned to your country, you must show that all of the following apply:

:* you are not able to get state protection from your country,
:* the risk is specific towards you or your family,
:* you face the risk in every part of your country,
:* the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
:* the risk is not because of lack of adequate medical care.

{{REVIEWED | reviewer = [[Rochelle Appleby]], December 2015}}

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I Want to Claim Refugee Status in Canada

2017-03-13T19:09:05Z

Rochelle Appleby:

{{Legal Help Guide TOC}}The Immigration and Refugee Board of Canada decides refugee claims.

You can make a claim for refugee status at a Canadian border or airport, or from within Canada. To be found to be a refugee, you must meet the definition of either a "Convention refugee" or a "person in need of protection." See definitions at the end of the article.

For information about refugee status, see Clicklaw for resources listed under the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

{{Tipsbox
| width = 60%
| tips = If you are detained, ask to speak to [http://wiki.clicklaw.bc.ca/index.php/Duty_Counsel immigration duty counsel] or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. Duty counsel are lawyers paid by Legal Services Society (legal aid) to assist people in detention at the Canada Border Services Agency's enforcement centre in Vancouver. Duty counsel provide detainees with advice regarding procedures and their legal rights, and may appear on their behalf at detention hearings.
}}

== First steps ==

# Before you start a refugee claim, try to get help from a lawyer or settlement agency:
#* If you cannot afford a lawyer on your own, apply for legal aid. See legal aid representation in the Resource List for information about how to apply for legal aid or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. To get legal aid you must be financially eligible and your refugee claim must have merit.
#* If you do not qualify for legal aid, contact an immigrant settlement agency.
#* Contact the Law Students' Legal Advice Program if you live in the Lower Mainland.
#* Pay for a lawyer or immigration consultant.
# If you are at an airport or at a Canadian border crossing, start your refugee claim by telling a Canadian Border Services Agency officer that you want to make a refugee claim. Staff at the Canada Border Services Agency will interview you. They will ask you to complete immigration forms and provide identity documents.
# If you are already in Canada, you must submit the required forms to a Citizenship and Immigration Canada office to start your refugee claim. To find a list of offices, see [http://wiki.clicklaw.bc.ca/index.php/Citizenship_and_Immigration_Canada Citizenship and Immigration Canada] in the Resource List of this guide. You must provide identity documents. For information on preparing refugee claim forms see the online tool [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. It is advisable to complete the forms with the help of a lawyer.
# Once your immigration forms are complete, an immigration officer will interview you. The interview could take place when you first make your claim, or you might get an appointment to return for an interview. At your interview, the officer will decide whether you are eligible to make a refugee claim. If you are eligible, your case will go to the Immigration and Refugee Board of Canada and you will get a date for your hearing.

{{Tipsbox
| width = 60%
| tips = Complete the immigration forms and answer questions at your interview with the immigration officer carefully and truthfully. The information you provide will be used at your refugee hearing. Keep a copy of the forms for your records.
}}

== What happens next ==

The next step is to prepare for your refugee hearing before the Refugee Protection Division of the Immigration and Refugee Board. Your refugee hearing will be held within 30 to 60 days after the Board decides you are eligible to make a claim. The time of the hearing will depend on the country you are from and whether you made your claim at a port of entry (border or airport) or at a local CIC office.

:* For information about how to prepare for the hearing, see [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants].

If you do not agree with what the Board decides, you may be able to apply to the Refugee Appeal Division or the Federal Court of Canada to have the decision reviewed. Talk to a lawyer or settlement worker about this.

{{Tipsbox
| width = 60%
| tips = Not all people are eligible to make a refugee claim in Canada. For example, people who are not eligible include those who:
:* have made a refugee claim in Canada in the past,
:* came to Canada from or through a designated safe third country where they could have claimed refugee protection,
:* are not admissible to Canada on security grounds, or
:* are not admissible to Canada because of criminal activity or human rights violations.
}}

==Where to get help==
See the [[Resource List for Legal Help for British Columbians|Resource List]] of this Guide for a list of helpful resources. Your best bets are:

:* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
:* [[Citizenship and Immigration Canada]]. It has information for [http://www.clicklaw.bc.ca/resource/2096 Refugee Claims in Canada] that explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
:* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugees.
:* The [[Law Students' Legal Advice Program]] immigration clinics, if you live in the Lower Mainland.
:* [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]. It explains how to prepare for a refugee hearing.
:* [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. This is a guide to what happens in the refugee claim process.
:* Clicklaw resources for the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure you take copies of all documents about your case.

==Definitions==
'''Convention refugees''' are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution."

If you are a convention refugee, this means you have a good reason to believe you are in danger, and that the authorities in your country will not or cannot protect you. You may fear that you will be harmed because of your race, religion, political opinion, nationality, gender or sexual orientation.

'''Persons in need of protection''' are people who, if returned to their home country or country where they normally live, would face:

:* a danger of torture,
:* a risk to their life, or
:* a risk of cruel and unusual treatment or punishment.

To prove that you are a person at risk if returned to your country, you must show that all of the following apply:

:* you are not able to get state protection from your country,
:* the risk is specific towards you or your family,
:* you face the risk in every part of your country,
:* the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
:* the risk is not because of lack of adequate medical care.

{{REVIEWED | reviewer = [[Rochelle Appleby]], December 2015}}

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{{Creative Commons for Legal Help Guide}}

My Husband Sponsored Me and We Have Now Separated

2015-12-22T22:46:11Z

Rochelle Appleby:

{{Template:Legal Help Guide TOC}}If your spouse sponsored you and you have separated, your right to remain in Canada depends on:
:* whether you are a permanent resident, and
:* whether your status is ''conditional''.

If you are a permanent resident, and your status is is '''not conditional''', immigration officials cannot ask you to leave Canada if you separate from your spouse.

If you are a permanent resident and your status is '''conditional''':
:* you have to live with your spouse for at least two years after you arrive in Canada. But if '''your spouse abused you''', you can apply for full permanent resident status without the two-year waiting period. See a lawyer as soon as possible. Look at '''Where to get help'''. You will need to gather documents to prove the abuse or neglect.

'''You do not have to remain in an abusive situation.''' See [http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp Information for sponsored spouse or partners.]

'''How do I know if my permanent resident status is ''conditional'''''?

Permanent resident status is ''conditional'' if:
:* your sponsorship was filed after October 25, 2012, and
:* at the time of your sponsorship application, you and your spouse did not have a child together, and
:* you had not been married or in a marriage-like relationship for at least two years.

If you and your spouse have a child together ''after'' the sponsorship application is filed, then your permanent resident status will still be conditional.

'''What if I'm not a permanent resident?'''

If you are not a permanent resident and you want to remain in Canada, you may do one of two things:
:* Apply for ''refugee status''. For information, see [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
:OR
:* Apply for permanent resident status based on ''humanitarian and compassionate grounds''. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].

== First steps ==
#Get help from a lawyer or a settlement or community agency:
#*If you cannot afford a lawyer, apply for legal aid. See [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation legal aid representation] in the Resource List. To get legal aid you must be financially eligible and your case must have a reasonable chance of success.
#*If you do not qualify for legal aid, contact an immigration settlement agency. See [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown] for a list of community workers and settlement agencies, or use the [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map]].
#*Contact the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Contact the [http://wiki.clicklaw.bc.ca/index.php/Law_Students%27_Legal_Advice_Program Law Students' Legal Advice Program]] if you live in the Lower Mainland.
#*Pay for a lawyer or immigration consultant.
#If you have a child, get legal advice. See [http://wiki.clicklaw.bc.ca/index.php/I_just_separated_from_the_other_parent_of_my_children I just separated from the other parent of my children].
#If you fear returning to your country, get legal advice about how to apply for refugee status. See the section [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
#If you were sponsored by your husband and the sponsorship application was not completed when you separated, get legal advice. You may be able to apply to stay in Canada on humanitarian or compassionate grounds. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].

{{Tipsbox
| width = 70%
| tips = Unless you already have a work permit, you are not entitled to work in Canada while an H&C application is under consideration until you have been "approved in principle."
}}

==Where to get help==

See the [http://wiki.clicklaw.bc.ca/index.php/Resource_List_for_Legal_Help_for_British_Columbians Resource List] in this guide for a list of helpful resources. Your best bets are:
* [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation Legal aid representation], to see if you qualify for legal aid.
* [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map] to find agencies that provide services to immigrants and refugee claimants.
* The Clicklaw common question [http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]

{{REVIEWED | reviewer = [[Rochelle Appleby]], April 2014}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}

I Want to Claim Refugee Status in Canada

2015-12-22T22:41:29Z

Rochelle Appleby:

{{Legal Help Guide TOC}}The Immigration and Refugee Board of Canada decides refugee claims.

You can make a claim for refugee status at a Canadian border or airport, or from within Canada. To be found to be a refugee, you must meet the definition of either a "Convention refugee" or a "person in need of protection." See definitions at the end of the article.

For information about refugee status, see Clicklaw for resources listed under the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

{{Tipsbox
| width = 60%
| tips = If you are detained, ask to speak to [http://wiki.clicklaw.bc.ca/index.php/Duty_Counsel immigration duty counsel] or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. Duty counsel are lawyers paid by Legal Services Society to assist people in detention at the Canada Border Services Agency's enforcement centre in Vancouver. Duty counsel provide detainees with advice regarding procedures and their legal rights, and may appear on their behalf at detention hearings.
}}

== First steps ==

# Before you start a refugee claim, try to get help from a lawyer or settlement agency:
#* If you cannot afford a lawyer on your own, apply for legal aid. See legal aid representation in the Resource List for information about how to apply for legal aid or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. To get legal aid you must be financially eligible and your refugee claim must have merit.
#* If you do not qualify for legal aid, contact an immigrant settlement agency.
#* Contact the Law Students' Legal Advice Program if you live in the Lower Mainland.
#* Pay for a lawyer or immigration consultant.
# If you are at an airport or at a Canadian border crossing, start your refugee claim by telling a Canadian Border Services Agency officer that you want to make a refugee claim. Staff at the Canada Border Services Agency will interview you. They will ask you to complete immigration forms and provide identity documents.
# If you are already in Canada, you must submit the required forms to a Citizenship and Immigration Canada office to start your refugee claim. To find a list of offices, see [http://wiki.clicklaw.bc.ca/index.php/Citizenship_and_Immigration_Canada Citizenship and Immigration Canada] in the Resource List of this guide. You must provide identity documents. For information on preparing refugee claim forms see the online tool Refugee Claim Process. It is advisable to complete the forms with the help of a lawyer.
# Once your immigration forms are complete, an immigration officer will interview you. The interview could take place when you first make your claim, or you might get an appointment to return for an interview. At your interview, the officer will decide whether you are eligible to make a refugee claim. If you are eligible, your case will go to the Immigration and Refugee Board of Canada and you will get a date for your hearing.

{{Tipsbox
| width = 60%
| tips = Complete the immigration forms and answer questions at your interview with the immigration officer carefully and truthfully. The information you provide will be used at your refugee hearing. Keep a copy of the forms for your records.
}}

== What happens next ==

The next step is to prepare for your refugee hearing before the Refugee Protection Division of the Immigration and Refugee Board. Your refugee hearing will be held within 30 to 60 days after the Board decides you are eligible to make a claim. The time of the hearing will depend on the country you are from and whether you made your claim at a port of entry (border or airport) or at a local CIC office.

:* For information about how to prepare for the hearing, see [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]. You can also use the online tool [http://www.vrsa.ca/?page_id=279 Refugee Claim Process].

If you do not agree with what the Board decides, you may be able to apply to the Refugee Appeal Division or the Federal Court of Canada to have the decision reviewed. Talk to a lawyer or settlement worker about this.

{{Tipsbox
| width = 60%
| tips = Not all people are eligible to make a refugee claim in Canada. For example, people who are not eligible include those who:
:* have made a refugee claim in Canada in the past,
:* came to Canada from or through a designated safe third country where they could have claimed refugee protection,
:* are not admissible to Canada on security grounds, or
:* are not admissible to Canada because of criminal activity or human rights violations.
}}

==Where to get help==
See the [[Resource List for Legal Help for British Columbians|Resource List]] of this Guide for a list of helpful resources. Your best bets are:

:* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
:* [[Citizenship and Immigration Canada]]. It has information for [http://www.clicklaw.bc.ca/resource/2096 Refugee Claims in Canada] that explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
:* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugees.
:* The [[Law Students' Legal Advice Program]] immigration clinics, if you live in the Lower Mainland.
:* [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]. It explains how to prepare for a refugee hearing.
:* [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. This is a guide to what happens in the refugee claim process.
:* Clicklaw resources for the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].

Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure you take copies of all documents about your case.

==Definitions==
'''Convention refugees''' are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution."

If you are a convention refugee, this means you have a good reason to believe you are in danger, and that the authorities in your country will not or cannot protect you. You may fear that you will be harmed because of your race, religion, political opinion, nationality, gender or sexual orientation.

'''Persons in need of protection''' are people who, if returned to their home country or country where they normally live, would face:

:* a danger of torture,
:* a risk to their life, or
:* a risk of cruel and unusual treatment or punishment.

To prove that you are a person at risk if returned to your country, you must show that all of the following apply:

:* you are not able to get state protection from your country,
:* the risk is specific towards you or your family,
:* you face the risk in every part of your country,
:* the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
:* the risk is not because of lack of adequate medical care.

{{REVIEWED | reviewer = [[Rochelle Appleby]], January 2013}}

{{Template:Legal Help Guide Navbox|type=problems}}

{{Creative Commons for Legal Help Guide}}