Canada: Difference between revisions

Latest revision as of 04:22, 19 April 2025

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.

Urgent Warning!: As of February, 10 2025 there are likely no viable routes to gain Refugee/Asylum status for current U.S. Citizens.

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.

Why Canada?

Legal gender recognition: Yes; gender transition and non-binary classification on official documents is available and recognized.
Anti-discrimination laws: Yes; Federal Protections for "gender identity or expression" as prohibited grounds for discrimination were added to section 318 of the Canadian Human Rights Act in 2017. ^{(citation needed)}
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.
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.
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.

Why not Canada

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
Housing crisis shortage
The federal government has recently limited the number of potential immigration, work, and study visas available to foreign parties
Jordan Peterson is from here (sorry)

Political Situation for Trans People

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)

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.

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.

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.)

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.

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.

Access to Trans Healthcare

Access to gender affirming healthcare is available. In Alberta, for example, the wait time to see a gender specialist is about 6 months.

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.

Surgeries require the signature of two (2) separate and independent psychiatrists and the wait times are two (2) years on average.

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.^{(citation needed)} Trans femme people have reported that the full gender confirmation process has taken approximately 5 years.

Immigration Policy

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, you need a work permit for that. However, having a work or study permit will make you eligible for a temporary resident visa.

US citizens can enter and remain in Canada as a tourist visa-free for up to 180 days.

Visitor Visa (Temporary Resident Visa)

This visa is required for stays longer than 180 days and is often given to those with work or study permits.

Sources

How to apply for Temporary Resident Visa (TRV)

Refugee Status

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.

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"

The agreements written policy on refugees does not apply to US citizens directly^[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^[2].

Human rights advocates and organizations such as Rainbow Railroad^[3] 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.

^[4]https://laws.justice.gc.ca/eng/acts/I-2.5/FullText.html

^[5]https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html

Work Permit

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.

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.

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.

There are two types of work Permits:

_ Employer Specific Work Permits

_ Open Work Permits

Open Work Permit

Open work permits are not tied to a specific employer, but are only available to people in a limited range of circumstances, including:

international students who have graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program
student who can no longer able to meet the costs of their studies (destitute student)
workers with an employer-specific work permit who are being abused or at risk of being abused in relation to their job in Canada
those who have applied for permanent residence in Canada
dependent family members of someone who applied for permanent residence
the spouse, common-law partner or dependent child of a low- or high-skilled worker
the spouse or common-law partner of an international student
the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program
refugees, refugee claimants, protected persons or their family members
personal under an unenforceable removal order
temporary resident permit holders
young workers participating in special programs

This type of work permit might be the most immediately appealing for quick entry into Canada, but is subject to specific eligibility requirements.

Employer Specific Work Permits

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.

A number of different work permits are available, full details of which - along with their application process - may be found on the 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 International Mobility Program (IMP), does not require an LMIA be carried out.

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."

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.

Start-up Visa

\*\*The 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

Self-Employed Visa

\*\*The federal 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."

For the wealthy, the Buy A Business and Move to Canada program.

More Info:

Sources

Student Visa

If you are accepted into a Canadian college or university, you will be able to apply for a student visa.

How to Apply for a Canadian Student Visa

Sources

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada.html

Transit Visa

If you are a traveler simply transiting through Canada you can get this temporary visa.

How to Apply for a Transit Visa

Sources

Super Visa

Parents can immigrate to Canada with their adult children who are already residents in-country.

How to Apply for a Super Visa

Sources

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/parent-grandparent-super-visa/eligibility.html

Information for Other Methods of Immigration and Naturalization

Permanent Residence

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.

How to Apply for a Permanent Resident Visa

Sources

Community Resources

Canadian Government Database for Newcomer Resources

https://ircc.canada.ca/english/newcomers/services/index.asp

Alberta

Calgary

Immigrant Services Calgary Society - Center for Newcomers

https://www.centrefornewcomers.ca/

Immigrant Arrival Centre

https://www.immigrantarrivalcentre.ca/

Edmonton

Edmonton Immigrant Services Association

https://www.eisa-edmonton.org/

Assist Community Services Centre

https://assistcsc.org/

Alberta Immigrant Women & Children Centre (AIWCC)

https://aiwcc.ca/

Central Alberta Refugee Effort (CARE) Committee

https://www.carefornewcomers.ca/

British Columbia

Vancouver

Immigrant Services Society of BC

https://issbc.org/

Action Commitment Transformation (ACT)

https://act.successbc.ca/

Greater Victoria Area

Inter-Cultural Association of Greater Victoria (ICA)

https://www.icavictoria.org/#

DIVERSEcity

https://www.dcrs.ca/

Chimo Community Services

https://chimoservices.com/

Options Community Services

https://www.options.bc.ca/

Prince George

Immigrant and Multicultural Services Society (IMSS)

https://www.imss.ca/

Kamloops

Kamloops Immigrant Services

https://immigrantservices.ca/

Kelowna

Kelowna Community Resources

https://kcr.ca/

Saskatchewan

Saskatoon

Global Gathering Place

https://globalgatheringplace.com/

Saskatoon Open Door Society

https://www.sods.sk.ca/

Prince Albert

YWCA: Prince Albert

https://www.ywcaprincealbert.ca/community-connection-centre

North & South Battleford

Battlefords Immigration Resource Center

https://www.battlefordsimmigration.ca/

Regina

Regina Open Door Society Inc.

https://rods.sk.ca/

1855 Smith Street, Regina, Saskatchewan, S4P 2N5

306-352-4600

Humbolt

The Humbolt Regional Newcomer Centre (HRNC)

https://www.thehrnc.com/

Manitoba

Winnipeg

Spence Neighbourhood Association

https://spenceneighbourhood.org/

430 Langside Street, Winnipeg, Manitoba, R3B 2T5

431-444-3907

Ontario

Toronto

YMCA of Greater Toronto - Toronto Lansing Square YMCA - Newcomer Information Centre (North York East)

https://newcomersincanada.ca/

2 Lansing Square, Toronto, Ontario, M2J 4P8

416-502-2484

Centre for Immigant and Community Services (CICS) - North York

https://www.cicscanada.com/en/

1761 Sheppard Avenue East, Suite 1F, North York, Ontario, M2J 0A5

416-292-7510

Ottawa

Ottawa Community Immigrant Services Organization - Orleans Cumberland Community Resources Centre (OCCRC)

https://www.crcoc.ca/en/

240 Centrum Boulevard, Ottawa, Ontario, K1E 3J4

613-830-4357

Quebec

Montreal

Centre D'Appui Aux Communautes Immigrantes (Immigrant and Reffugee Assistance Centre in Montreal)

https://caci-bc.org/?lang=en

12049, boul. Laurentien, Montréal, H4K 1M8

514-856-3511

Grand Montreal Gatineau - 211

https://www.211qc.ca/en/immigration-and-cultural-communities

Agence Ometz

https://www.ometz.ca/gethelp/immigrants/immigration+resources/

1 Cummings Square, 5151 Côte Ste-Catherine Road, Montreal, Quebec H3W 1M6

514-342-0000

Quebec City

French Office for Immigration and Integration (OFII)

https://www.ofii.fr/en/

Newfoundland & Labrador

Labrador City

Association for New Canadians

https://ancnl.ca/

43 Tamarack Drive, Labrador City, Newfoundland and Labrador, A2V 0C5

709-944-7775

Prince Edwards Island (PEI)

Charlottetown

Immigrant & Refugee Services Association PEI inc.

https://www.irsapei.ca/

49 Water Street, Charlottetown, Prince Edward Island, C1A 1A3

902-628-6009

Canada Directory

^[1]https://www.unhcr.ca/in-canada/seeking-asylum-in-canada/who-can-claim-asylum-at-the-border/

^[2]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/(Accessessed on: February 17, 2025)

^[3] "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

[:1-1] 1.0 ^1.1 https://www.unhcr.ca/in-canada/seeking-asylum-in-canada/who-can-claim-asylum-at-the-border/

[:2-2] 2.0 ^2.1 https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html

[:0-3] 3.0 ^3.1 https://www.rainbowrailroad.org/the-latest/canada-must-act-exempt-trans-non-binary-intersex-asylum-seekers-from-stca

[4] ttps://laws.justice.gc.ca/eng/acts/I-2.5/FullText.html

[5] ttps://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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