Canada
Until we have any better information, this is a section from here, used with permission. It was written in the time of COVID lockdown, so it is outdated.
Applying for Canadian Refugee Status: Primary Information
Overview
If you are an LGBTQIA2S+ individual during the current political crisis and persecution, you may be considering fleeing to Canada.
The community here is strong and we are fighting HARD to bring any one of you into safety. It’s not perfect here, especially in conservative led provinces and with the impending election in October (which I will expand on in a later section). 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.
You might also be lost in the myriad of seemingly contradictory information about whether it's possible to immigrate to Canada as a political refugee fleeing persecution. To clear up any and all information and make it available and wide-spread in our global community, I’ve laid out the factors involved in obtaining refugee status in Canada and potential risks that you'll need to avoid. All information will be cite-able in a bibliography below.
I’ll release further information on preparing for application, processing, and post-admission resources in later posts. For now, here is a detailed explanation of applying for refugee status in Canada, why you are currently ineligible to apply for refugee status at the border, and alternative routes to obtaining refugee status into Canada.
1. Applying for Refugee Status at the Border
1.1 The Third Safe Country Agreement (TSCA)
Currently, as of February 8, 2025, US citizens are not eligible to apply for refugee status at the border.
The "Third Safe Country Agreement" is an agreement between Canada and the United States in coordinating refugees to our countries.(1) Under this agreement, applicants are required to appeal for refugee status in the first safe country they arrive in.(1) The USA is considered "Safe" as of today’s date, Feb. 8, 2025.(1) This, in effect, removes the ability of American refugees fleeing persecution in the current political crisis from applying for refugee status anywhere along the land border including across bodies of water.(2) This was expanded to include all ports of entry including airports, docks, and places in between designated ports of entry.(7) As of the date of this post, It is the Canadian border policy, under the STCA, that applicants attempting to request refugee status at the border or ports of entry will be returned to the States, this includes US citizens.(2)
This means all US citizens attempting to flee persecution due to the current political crisis will be returned to the states, unless the applicant falls under an exemption or exception to the agreement!
1.1.2 Current Challenges to the Safe Third Country Designation
An organization called the "Rainbow Railroad" is currently fighting to petition the IRCC (Immigration, Refugees, and Citizenship Canada) to make an emergency exception for Transpeople from the USA.(3)
2. Applying for Refugee Status from Within Canada
Important! An applicant can still apply for refugee status from within Canada, after legally crossing the border, but that exempts anyone who’s passport and documentation are missing or have been seized.
2.1 Qualification Prerequisites
In order to qualify for refugee status once you have legally entered Canada, the applicant:
- Cannot be recognized as a convention refugee in another country you can safely return to
- Cannot already have protected person status in Canada
- Cannot have made a refugee claim in another country
- Cannot be inadmissible to Canada on security grounds or because of criminal activity or human rights violations
- Cannot have made a previous refugee claim in Canada that was determined to be ineligible
- Cannot have made a previous refugee claim in Canada that was rejected, abandoned, or withdrawn.
- Cannot have entered Canada from the U.S. along the land border (2)
Once they have been determined not to fall under these factors, the IRCC then forwards the application to the IRB (Immigration and Refugee Board of Canada) for a hearing to determine if the candidate is eligible for consideration as a Convention Refugee or a Person in Need of Protection.(2)
2.2 Categories of Eligibility
2.1.1 Convention Refugee Status
Applicants applying as a Convention Refugee must be able to reasonably assert that being returned to their home country or country they usually reside would result in persecution due to their :
- Race
- Religion
- Political Opinions
- Nationality
- Classification as part of a group, such as women or people of a particular sexual orientation.(2)
Since 2024, Gender orientation and Sex classification have been included under the category of protected classes in the Canadian Charter of Rights and Freedoms. This would be similar to the United States having gender and sexual minorities as a protected class under an amendment in the Constitution.(5)
2.1.2 Person in Need of Protection Status
Applicants applying as a Person in Need of Protection must be able to assert a reasonable fear of:
- Persecution
- Danger of torture
- Risk of Death
- Risk of cruel treatment or punishment
If the IRB determines you to be ineligible for classification under either of these two categories, or if your claim is abandoned, or they have accepted a request to withdraw your application you will be referred for removal from Canada.(2)
If you abandon or withdraw your claim, you will not be able to apply for a refugee assessment in the future.(4)
3. Applying for Refugee Status from Outside of Canada
3.1 Government-Assisted Refugee Program (GAR) and Third Party Referral
Individuals applying for refugee status from outside of Canada must go through the Government-Assisted Refugee Program. (6) Through this program, the applicant is sponsored by a third party organization such as:
- Rainbow Railroad
- UNHCR
- Front line defenders, who will then refer you to the UNHCR.(6)
- Private Sponsorship (For clarity and brevity, I’ll expand on this in another post. Including who can sponsor, how to form a sponsorship group, and how it works)(8)
This is because the government relies on independent organizations to verify the need for refugee assistance when refugee status is requested from abroad. With this program, you would be eligible for subsidized assistance from the government to while you settle for up to one year or until you can support yourself, whatever comes first.(6)
3.1.1 Human Rights Defenders Stream
The government has created a Human Rights Defenders stream of the program to guarantee the resettling of 250 individuals and their families per year. The UNHCR must refer you to this program.(6)
4. Additional Cautions
Caution! Rainbow Railroad and the UNHCR have the ability to apply for refugee status online on their websites, but reports indicate that at least the "Rainbow Railroad" is already overwhelmed with claims from everywhere else in the world and I can imagine that the UNHCR is the same. (citation needed)
Updates will be coming soon for how to prepare for application for refugee status, what alternatives there are in private sponsorship, and what to expect when applying.
Stay safe! We’re fighting for you!
Third Party Sponsorship Application Resources
https://www.rainbowrailroad.org/
Bibliography
2. https://www.canada.ca/en/immigration-refugees-citizenship/services/asylum/in-canada/eligibility.html
4. https://www.canada.ca/en/immigration-refugees-citizenship/services/asylum/border/eligibility.html
5. https://laws-lois.justice.gc.ca/eng/acts/h-6/section-3.html
Canadian Immigration Options
The most promising option was Express Entry, Canada’s points-based skilled immigration system for granting permanent residency. As tech professionals with bachelor’s degrees, native English fluency, and more than a decade of experience each, you’d think that it would be a slam dunk for us. However, the number of required points in the monthly draws has fluctuated between 470–480 over the past year, and my spouse and I only had approximately 430 points (since increasing age is penalized, and only 3 years of work experience outside Canada can be counted). For those who are 25-30 years old, have a master’s degree, and/or went to a Canadian University, Express Entry may be viable. But with an increasing number of Americans attempting to emigrate, it seemed unlikely that my spouse or I would be able to qualify soon without also having job offers from established Canadian companies (+50 points). And the processing time once selected is a long six months.
If we were going to need job offers anyways to enter Canada, what option might allow us to move in a matter of weeks?
Enter the free trade agreement USMCA (née NAFTA), which allows for Americans to work in Canada either as “intra-company transferees” between subsidiaries, or “professionals” holding specific job titles. Better yet, an American can apply at an air or land crossing and receive an on-the-spot work permit for them and for their spouse (regardless of their spouse’s occupation) without needing to wait for approval from a consulate in advance.
The paperwork is relatively straightforward: proof of nationality (passport), proof of funds to support living expenses, marriage certificate, and proof of a job offer from a Canadian company along with job description, resume, and college degree. Furthermore, NAFTA workers do not need to complete a medical exam, meaning that my disability was not an issue in the process. My spouse’s employer, which is a multinational tech company with a branch in Canada, agreed to write her a Canadian transfer job offer and provide legal assistance with immigration, so we were set there.
The Canadian border has been closed to non-essential travel because of COVID-19; it’s perfectly sensible for Canada to not allow the US’s mismanagement of COVID-19 to result in the epidemic growing in Canada. Thus, all skilled immigrants entering Canada must prove that their travel is essential, that their Canadian employer is still operating, and that they have plans to self-isolate for 14 days after arriving in Canada. Fortunately for software professionals, our work falls under the umbrella of “critical infrastructure” and can still be done from remote worksites at home.
Crossing The Canadian border
With packets from the lawyers in hand, we set out to acquire airline tickets and rental car bookings. Elly and I chose to cross separately to make the logistics of moving a pet internationally easier. We didn’t want to have the dog yowling to be let out of her crate at baggage claim while we were stuck in immigration waiting for our paperwork, followed by quarantining for two weeks in an apartment without a yard.
Elly flew into Vancouver, spent half hour at immigration waiting for an officer to input her paperwork and print her a work permit good for 3 years, then went directly to quarantine in the furnished apartment we’d rented for our first few months. There were a few hiccups, notably that “furnished” doesn’t mean that housewares are provided, but she passed her quarantine a few days ago and is sending me pictures of the neighborhood!
After Elly’s work permit was issued, I loaded up a rental car and drove across the border with the rest of our stuff and one very silly dog. I brought with me a copy of her work permit, our marriage certificate, the dog’s rabies certificate, and an inventory of all of the goods in each shipment (traveled with Elly, with me, and to arrive separately). The officials at the border were initially perplexed as to why I crossed on my own, but I’m sure seeing the cute, rambunctious dog in the backseat was a useful hint in the right direction. Because the land border crossing was not busy at all owing to the border restrictions, they had me pull over for half an hour, got the paperwork processed, collected the service fee, and I was on my way with a 3-year work permit of my own.