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| ''Canada'' is a comparatively LGBTQ+-friendly country located in North America, north of the United States, with legal protections for trans people written into the Canadian Charter of Rights and Freedoms, part of the Canadian constitution.
| | Deprecated |
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| <pre style="color: red;">
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| Urgent Warning!: As of February, 10 2025 there are likely no viable routes to gain Refugee/Asylum status for current U.S. Citizens.
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| If you attempt to make a refugee/ asylum claim at the border and you don't qualify for any of these exceptions to the satisfaction of a border official, you will lose your ability to make a claim PERMANENTLY. Please, consult an immigration lawyer before making an asylum claim, there is a high bar for documentation required to make these claims and it should not be considered a viable option in most cases.
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| </pre>
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| == Why Canada? ==
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| * '''Legal gender recognition:''' Yes; gender transition and non-binary classification on official documents is [https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/change-sex.html available and recognized].
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| * '''Anti-discrimination laws:''' Yes; Federal Protections for "gender identity or expression" as prohibited grounds for discrimination were added to [https://laws-lois.justice.gc.ca/eng/acts/h-6/section-3.html section 318] of the Canadian Human Rights Act in 2017. <sup>(citation needed)</sup>
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| * '''Public healthcare:''' Yes, public healthcare covers the cost of regular GP visits and most procedures, including emergency procedures. It doesn't cover prescriptions and ambulance rides.
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| * '''LGBTQ+ rights and community:''' Very Yes; The community here is strong and we are fighting HARD to bring any one of you into safety. It’s not perfect here, but our pride and advocacy communities are tight-knit and are working closely to fight against Anti LGBTQ policies that are plaguing at-risk populations globally.
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| * '''Immigration pathways:''' A variety of work and family visas are available, and people with a Canadian parent are automatically eligible for Canadian citizenship. Asylum claims are not a viable approach for US citizens at this time.
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| == Why ''not'' Canada ==
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| * Provincial-level Anti-trans laws have been put into affect in many provinces including Alberta, Saskatchewan, PEI and others. Even though advocacy groups are fighting legal battles to stall and overturn these violations of the Charter of Rights and Freedoms, a pending federal election in October that may put the an ant-trans legislator as head of the federal government as Prime-Minister
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| * Housing crisis shortage
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| * The federal government has recently limited the number of potential immigration, work, and study visas available to foreign parties
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| * Jordan Peterson is from here (sorry)
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| == Political Situation for Trans People ==
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| Trans people enjoy federal protections as a protected class of people under the Canadian Charter of Rights and Freedoms (equivalent to the United States Constitution)
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| Despite this, many provincial governments have attempted or begun passing anti-trans legislation aimed at excluding or eliminating trans-individuals from public life. This has been seen in Alberta, Saskatchewan, and PEI, particularly aimed at trans minors while talks occur about tabling more severe legislation.
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| Anti-trans rhetoric does exist here. Different provinces have different levels of transphobia in their governments, though every province does still provide trans care to at least an extent, including bottom surgery and some top surgeries.
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| In Alberta, the United Conservative Party (UCP) under Premier Danielle Smith have begun pushing through anti-trans legislation, primarily targeting minors. (Danielle Smith formerly ran the Wild rose Party of Alberta that fought against the criminalization of conversion therapy in 2007.)
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| Saskatchewan also has a an anti-trans government in the form of the right wing Saskatchewan Party government of Premier Scott Moe, similarly bringing anti-trans legislation into law.
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| These policies are not popular nationwide; in New Brunswick, Blaine Higgs's right wing Progressive Conservatives lost a recent election in a landslide in part due to their efforts to push similar anti trans legislation. British Columbia's center left NDP government, supported by the Green Party, under leadership of Premier David Eby ,is generally supportive of trans rights.
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| == Access to Trans Healthcare ==
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| Access to gender affirming healthcare is available. In Alberta, for example, the wait time to see a gender specialist is about 6 months.
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| Obtaining HRT as an adult is as simple as travelling to any pharmacy with a prescription. But provincial healthcare doesn't cover the full cost of HRT and many other necessary medications. Likewise, healthcare does not cover the cost of mental health resources or visits.
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| Surgeries require the signature of two (2) separate and independent psychiatrists and the wait times are two (2) years on average.
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| There are only 2 clinics approved for performing gender confirmation. One (1) in British Colombia and one (1) in Ontario. Despite this, the one in British Columbia doesn't take patients from specific provinces, like Alberta.<sup>(citation needed)</sup> Trans femme people have reported that the full gender confirmation process has taken approximately 5 years.
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| == Immigration Policy ==
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| In Canada, a visa will grant you permission to enter the country up to a maximum number of days. Having a visa does not guarantee you the right to work in Canada. However, having a work or study permit will make you eligible for a temporary resident visa.
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| US citizens can enter and remain in Canada as a tourist visa-free for up to 180 days.
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| === Visitor Visa (Temporary Resident Visa) ===
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| This visa is required for stays longer than 180 days and is often given to those with work or study permits.
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| Sources
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/apply-new-temporary-resident-visa-within-canada.html
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5256-applying-visitor-visa-temporary-resident-visa.html
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/about-visitor-visa.html
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/visitor-visa.html
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/apply-visitor-visa.html<br />
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| [[How to apply for Temporary Resident Visa (TRV)|How to apply for Temporary Resident Visa (TRV)]]
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| === Refugee Status===
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| Available under eligibility guidelines regarding ones safety in their location of origin, their criminal record, and passing a medical exam. '''Neither refugee status nor asylum claims are viable for US citizens as of the 10th of February 2025.'''
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| This is due to the unprecedented nature of US citizens applying for asylum status, and because shared policy between the USA and Canada under the "Third Safe Country Agreement"
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| The agreements written policy on refugees does not apply to US citizens directly<ref name=":1" />, but still prevents access by providing legal basis and classification for the United States as a "Safe" country, burdening applicants efforts to justify why they cannot safely be returned to the States<ref name=":2" />.
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| Human rights advocates and organizations such as Rainbow Railroad<ref name=":0">https://www.rainbowrailroad.org/the-latest/canada-must-act-exempt-trans-non-binary-intersex-asylum-seekers-from-stca</ref> and the UNHCR have appealed the Canadian federal government to make an emergency exemption for trans US citizen to protect them from persecution. At this time, no decision has been made on the appeal.
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| <ref>https://laws.justice.gc.ca/eng/acts/I-2.5/FullText.html</ref>https://laws.justice.gc.ca/eng/acts/I-2.5/FullText.html
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| <ref>https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html</ref>https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html
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| === Work Permit ===
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| Work permits allow foreign nationals to work in Canada, under which you would apply under the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP). The nature of your work will determine your eligibility for permit types under either program.
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| A permit under the '''Temporary Foreign Worker Program''' requires a Labour Market Impact Assessment (LMAI) that proves that there is a need for foreign workers for that line of work and that there are no local citizen workers available for the job.
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| A permit under the '''International Mobility Program''' does not require a positive LMAI but does require a submission of an employment offer in the employers portal.
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| There are two types of work Permits:
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| :_ Employer Specific Work Permits
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| :_ Open Work Permits
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| ==== Open Work Permit ====
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| Open work permits are not tied to a specific employer, but are only available to people in a [https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/work-permit.html limited range of circumstances], including:
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| * international students who have graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program
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| * student who can no longer able to meet the costs of their studies (destitute student)
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| * workers with an employer-specific work permit who are being abused or at risk of being abused in relation to their job in Canada
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| * those who have applied for permanent residence in Canada
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| * dependent family members of someone who applied for permanent residence
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| * the spouse, common-law partner or dependent child of a low- or high-skilled worker
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| * the spouse or common-law partner of an international student
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| * the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program
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| * refugees, refugee claimants, protected persons or their family members
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| * personal under an unenforceable removal order
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| * temporary resident permit holders
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| * young workers participating in special programs
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| This type of work permit might be the most immediately appealing for quick entry into Canada, but is subject to specific eligibility requirements.
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| ==== Employer Specific Work Permits ====
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| ----This type of work permit might be the most secure method for quick entry into Canada under a work visa if you can secure an offer of employment from a prospective employer.
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| A number of different work permits are available, full details of which - along with their application process - may be found on the [https://immigration.ca/canada-work-visa/ work visa application information portal]. They are typically conditional on a Labour Market Impact Assessment (LMIA), which your prospective employer must complete to prove that they genuinely need a foreign worker for the job, as opposed to a Canadian national. Most work visas of this kind are available via the Temporary Foreign Worker Program (TFWP). The [https://immigration.ca/international-mobility-program/ International Mobility Program] (IMP), does not require an LMIA be carried out.
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| Employment positions eligible for IMP status are those which "provide broad economic, cultural or other competitive advantages for Canada, and provide reciprocal benefits for Canadian citizens and permanent residents."
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| Workers eligible for the IMP include those entering Canada as part of trade treaties, such as the Canada-United States-Mexico Agreement (CUSMA) or the Comprehensive Economic Trade Agreement (CETA), those entering Canada on an open work permit (see below), and those entering Canada as intra-company transferees.This latter category has potential for US staff of companies with a significant presence in Canada, who may have the opportunity to request a transfer overseas.
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| ==== Start-up Visa ====
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| \*\*The [https://immigration.ca/start-up-visa-program Start-Up Visa] program for entrepreneurs with innovative business ideas, intended to boost innovation and growth in Canada. Applicants need a viable business plan, support from a designated organization, and intermediate language skills
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| ==== Self-Employed Visa ====
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| \*\*The federal [https://immigration.ca/self-employed-programs/ Self-Employed Visa Canada] for individuals with relevant self-employment experience who wish to become permanent residents after setting up a business in Canada. Applicants must have two years of relevant experience within the past five and "must demonstrate both the intention and the ability to create their own employment, significantly contributing to Canada’s cultural, artistic, or athletic sectors."
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| For the wealthy, the [https://immigration.ca/how-to-buy-a-business-and-move-to-canada/ Buy A Business and Move to Canada] program.
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| More Info:
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| * [[Applying for a Canadian Immigration Visa|Visa and Permit Application]]
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| * [[How to Apply for a Canadian Work Visa|'''How to Apply for a Canadian Work Visa''']]
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| Sources
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| * https://immigration.ca/canada-work-visa/
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada.html
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| * https://immigration.ca/fast-track-high-demand-occupations/
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| === Student Visa ===
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| If you are accepted into a Canadian college or university, you will be able to apply for a student visa.
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| [[How to Apply for a Canadian Student Visa|How to Apply for a Canadian Student Visa]]
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| Sources
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada.html
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| === Transit Visa ===
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| If you are a traveler simply transiting through Canada you can get this temporary visa.
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| [[How to Apply for a Transit Visa|How to Apply for a Transit Visa]]
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| Sources
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/transit/transit-visa/after-apply-next-steps.html
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/transit/transit-visa/eligibility.html
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/transit/transit-visa.html
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| === Super Visa ===
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| Parents can immigrate to Canada with their adult children who are already residents in-country.
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| [[How to Apply for a Super Visa|How to Apply for a Super Visa]]
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| Sources
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/parent-grandparent-super-visa/eligibility.html<br />
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| [[Other Methods of Immigration into Canada|Information for Other Methods of Immigration and Naturalization]]
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| == Permanent Residence ==
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| If you are accepted as a refugee, you can apply for permanent residence. As a worker in certain high-demand fields, you can also be chosen via a lottery through the Express Entry system and awarded permanent residency.
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| [[How to Apply for a Permanent Resident Visa|How to Apply for a Permanent Resident Visa]]
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| Sources
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| * https://www.canada.ca/en/immigration-refugees-citizenship/services/permanent-residents.html
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| * https://www.canadavisa.com/canadian-immigration-visas.html
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| == Community Resources ==
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| ::Canadian Government Database for Newcomer Resources
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| :::https://ircc.canada.ca/english/newcomers/services/index.asp
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| === Alberta ===
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| ==== Calgary ====
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| :'''Immigrant Services Calgary Society - Center for Newcomers'''
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| ::https://www.centrefornewcomers.ca/
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| :'''Immigrant Arrival Centre'''
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| ::https://www.immigrantarrivalcentre.ca/
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| ==== Edmonton ====
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| :'''Edmonton Immigrant Services Association'''
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| ::https://www.eisa-edmonton.org/
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| :'''Assist Community Services Centre'''
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| ::https://assistcsc.org/
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| :'''Alberta Immigrant Women & Children Centre (AIWCC)'''
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| ::https://aiwcc.ca/
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| :'''Central Alberta Refugee Effort (CARE) Committee'''
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| ::https://www.carefornewcomers.ca/
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| === British Columbia ===
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| ==== Vancouver ====
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| :'''Immigrant Services Society of BC'''
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| ::https://issbc.org/
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| :'''Action Commitment Transformation (ACT)'''
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| ::https://act.successbc.ca/
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| ==== Greater Victoria Area ====
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| :'''Inter-Cultural Association of Greater Victoria (ICA)'''
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| ::https://www.icavictoria.org/#
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| :'''DIVERSEcity'''
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| ::https://www.dcrs.ca/
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| :'''Chimo Community Services'''
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| ::https://chimoservices.com/
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| :'''Options Community Services'''
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| ::https://www.options.bc.ca/
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| ==== Prince George ====
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| :'''Immigrant and Multicultural Services Society (IMSS)'''
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| ::https://www.imss.ca/
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| ==== Kamloops ====
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| :'''Kamloops Immigrant Services'''
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| ::https://immigrantservices.ca/
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| ==== Kelowna ====
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| :'''Kelowna Community Resources'''
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| ::https://kcr.ca/
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| === <big>'''Saskatchewan'''</big> ===
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| ==== Saskatoon ====
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| '''Global Gathering Place'''
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| https://globalgatheringplace.com/
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| '''Saskatoon Open Door Society'''
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| https://www.sods.sk.ca/
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| ==== Prince Albert ====
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| '''YWCA: Prince Albert'''
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| https://www.ywcaprincealbert.ca/community-connection-centre
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| ==== North & South Battleford ====
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| '''Battlefords Immigration Resource Center'''
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| https://www.battlefordsimmigration.ca/
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| ===== Regina =====
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| '''Regina Open Door Society Inc.'''
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| https://rods.sk.ca/
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| ''1855 Smith Street, Regina, Saskatchewan, S4P 2N5''
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| ''306-352-4600''
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| ==== Humbolt ====
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| '''The Humbolt Regional Newcomer Centre (HRNC)'''
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| https://www.thehrnc.com/
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| === Manitoba ===
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| ==== Winnipeg ====
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| '''Spence Neighbourhood Association'''
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| https://spenceneighbourhood.org/
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| ''430 Langside Street, Winnipeg, Manitoba, R3B 2T5''
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| ''431-444-3907''
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| === Ontario ===
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| ==== Toronto ====
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| '''YMCA of Greater Toronto - Toronto Lansing Square YMCA - Newcomer Information Centre (North York East)'''
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| https://newcomersincanada.ca/
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| ''2 Lansing Square, Toronto, Ontario, M2J 4P8''
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| ''416-502-2484''
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| '''Centre for Immigant and Community Services (CICS) - North York'''
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| https://www.cicscanada.com/en/
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| ''1761 Sheppard Avenue East, Suite 1F, North York, Ontario, M2J 0A5''
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| ''416-292-7510''
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| ==== Ottawa ====
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| '''Ottawa Community Immigrant Services Organization - Orleans Cumberland Community Resources Centre (OCCRC)'''
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| https://www.crcoc.ca/en/
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| 240 Centrum Boulevard, Ottawa, Ontario, K1E 3J4
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| 613-830-4357
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| === Quebec ===
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| ==== Montreal ====
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| '''Centre D'Appui Aux Communautes Immigrantes (Immigrant and Reffugee Assistance Centre in Montreal)'''
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| https://caci-bc.org/?lang=en
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| 12049, boul. Laurentien, Montréal, H4K 1M8
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| 514-856-3511
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| '''Grand Montreal Gatineau - 211'''
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| https://www.211qc.ca/en/immigration-and-cultural-communities
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| '''Agence Ometz'''
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| https://www.ometz.ca/gethelp/immigrants/immigration+resources/
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| 1 Cummings Square, 5151 Côte Ste-Catherine Road, Montreal, Quebec H3W 1M6
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| 514-342-0000
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| ==== Quebec City ====
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| '''French Office for Immigration and Integration (OFII)'''
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| https://www.ofii.fr/en/
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| === Newfoundland & Labrador ===
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| ==== Labrador City ====
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| '''Association for New Canadians'''
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| https://ancnl.ca/
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| 43 Tamarack Drive, Labrador City, Newfoundland and Labrador, A2V 0C5
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| 709-944-7775
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| === Prince Edwards Island (PEI) ===
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| ==== Charlottetown ====
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| '''Immigrant & Refugee Services Association PEI inc.'''
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| https://www.irsapei.ca/
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| 49 Water Street, Charlottetown, Prince Edward Island, C1A 1A3
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| 902-628-6009
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| | |
| * [[Full Directory: Canada|Canada Directory]]
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| [[Category:Countries]]
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| <ref name=":1">https://www.unhcr.ca/in-canada/seeking-asylum-in-canada/who-can-claim-asylum-at-the-border/</ref>https://www.unhcr.ca/in-canada/seeking-asylum-in-canada/who-can-claim-asylum-at-the-border/
| |
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| <ref name=":2">https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html</ref>Fultz, Cassandra. (2021) ''Can an American Citizen Make a Claim for Refugee Protection in Canada; Available at:'' https://dfimmigration.ca/2021/04/27/can-an-american-citizen-make-a-claim-for-refugee-protection-in-canada/<nowiki/>(Accessessed on: February 17, 2025)
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| <ref name=":0" /> "''Canada Must Act: Make an Exception for Trans, Non-Binary & Intersex Asylum Seekers Under the Safe Third Country Agreement"'', Rainbow Railroad; https://www.rainbowrailroad.org/the-latest/canada-must-act-exempt-trans-non-binary-intersex-asylum-seekers-from-stca
| |
