Immigration for Refugees & Protected Persons Lawyers in Vancouver, BC

Foreign nationals who have been granted refugee or protected persons status may apply for permanent residence in Canada. The Immigration and Refugee Board and the Citizenship and Immigration Department are the government agencies with authority to determine protected persons status. Once the Immigration and Refugee Board determines that you need protection or are a Convention Refugee, you are eligible to apply for permanent residence. The Citizenship and Immigration Department can also declare you a protected person by approving a pre-approval risk assessment. Once approved by either agency, you are cleared to apply to enter Canada.

Immigration for refugees and protected persons is a complex process requiring documentation and medical examination.

Who Is a “Protected Person” in Canada?

A protected person is a foreign national who has been found to need protection, a Convention refugee, or a person with an approved pre-removal risk assessment. If either the Immigration and Refugee Board or Citizenship and Immigration Department determines that you are a protected person, you can apply for permanent residence unless you are:

• A Convention refugee in another country where you could go and live permanently without fear of persecution
• A citizen, national or permanent resident of a country, other than the one you have left, where you could go and live permanently without fear of persecution; or
• A permanent resident of Canada

Who is a Member of a Protected Temporary Resident Class in Canada?

In addition to the protected person classification, a member of a Protected Temporary Residents Class may also apply for permanent residence. If either the Immigration and Refugee Board or Citizenship and Immigration Department determines that you are a member of a Temporary Protected Class, you can apply for permanent residence unless you are:

• A Convention refugee in another country where you could go and live permanently without fear of persecution
• A citizen, national or permanent resident of a country, other than the one you have left, where you could go and live permanently without fear of persecution; or
• A permanent resident of Canada

When Can I Apply for Permanent Residency as a Protected Person or Member of a Protected Temporary Resident Class?

Once you are designated a protected person or a member of a protected temporary class, you may apply for permanent residence. However, if you have been designated a foreign national, you must wait 5 or 6 years to apply for permanent residence.

What Is a Designated Foreign National?

Although permitting entry into Canada, the Minister of Public Safety can designate the arrival of some refugees as an “irregular arrival” if:

• A full examination of the arriving persons cannot be completed in a timely manner, or
• The group’s arrival is suspected to be linked to organized human smuggling, for profit, or for the benefit of, at the direction of, or in association with a criminal organization or terrorist group.

You will be notified in writing if you are determined to be a designated foreign national. If you are, you will not be allowed to apply for permanent residence for 5 or 6 years, during which time your background and credentials will be carefully researched and examined. The waiting period begins when a final determination is made on the refugee claim or a pre-removal risk assessment.

Do I Have to Include All of My Family Members on the Application?

You may decide whether all of your eligible family members will be processed for permanent residence through your application and can remove a family member from the process up until the time you are issued your permanent resident visa. However, you must list all of the children born to you, if you are a woman applicant, and all of the children sired by you, if you are a man applicant. In addition, you must include the names of any spouse or partner. Failure to list any children or spouses/partners on this application prevents you from sponsoring them later.

Those family members who cannot be located at the time of your application, but who are identified on your application, have one year from the day you are granted permanent residence to apply for permanent residence at a visa office. Their application will be processed as a part of yours, thereby saving time.

Begin Your Immigration for Refugees and Protected Persons Application Now With Trusted Immigration Counsel

If you are seeking permanent resident status as a refugee and protected person, you can trust the knowledge and experience of Canadian Currents Immigration to guide you through the process. Completing the application process and gathering all of the supporting documentation can be daunting. With the aid of an experienced immigration lawyer at Canadian Currents Immigration, you can apply for permanent residence status once we determine your eligibility.

Our immigration lawyers at Canadian Currents Immigration will review your status to determine your eligibility for refugee or protected person status and to help you through the various steps needed to secure your permanent and temporary status.

Start with a confidential 30-minute consultation with a Canadian Currents Immigration immigration lawyer in Vancouver.

Call us now to book a time: 778-331-1164.