Refugee & Humanitarian
Immigration Company in Scarborough, Toronto
What Springwind Immigration can do?
Have you sought temporary refuge in refugee camps across the border from your war-torn country? Or have you made your way into Canada escaping your country of origin or country of residence due to fear of prosecution and risk to your life? If you feel that you are a person who is subjected to these circumstances PLEASE do not hesitate to contact us, we are here to HELP!
Canada offers protection to the world’s displaced people like you through the Canadian refugee protection programs.
Refugee – a person who is forced to flee from persecution.
Convention refugee – a person who meets the refugee definition in the 1951 Geneva Convention relating to the Status of Refugees. This definition is used in Canadian law and is widely accepted internationally. To meet the definition, a person must be outside their country of origin and have a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.
Asylum-seeker – a person who is seeking asylum. Until a determination is made, it is impossible to say whether the asylum-seeker is a refugee or not.
Refugee claimant – a person who has made a claim for protection as a refugee. This term is more or less equivalent to asylum-seeker and is standard in Canada, while asylum-seeker is the term more often used internationally.
Protected person – according to Canada’s Immigration and Refugee Protection Act, a person who has been determined by Canada to be either (a) a Convention Refugee or (b) a person in need of protection (i.e. a person who may not meet the Convention definition
What are differences between refugee claims and H&C application?
|A refugee claimant has the right to a hearing at the Immigration and Refugee Board of Canada (IRB), unless their claim is denied.
|H&C applicants are unlikely to be interviewed. IRCC often makes decisions based on submitted applications.
|Being established in Canada is not irrelevant to a refugee claim.
|The likelihood of success enhances if applicants are well-established in Canada, have a work history, and strong family connections.
|The IRB only analyses risks that fall under the criteria of "Convention refugee" and "person in need of protection."
|Any H&C reasons an applicant should be allowed to stay must be considered by IRCC. IRCC may not look at risks in the same way the IRB does on refugee claim. However, a circumstance that puts someone in danger might also result in hardship and support an H&C case.
|The only factor the IRB considers when deciding a claim is whether the applicant satisfies the Convention's description of a refugee or a person in need of protection.
|IRCC must consider the best interests of any child under the age of 18 whose judgement may have a direct impact on them.
|Until the IRB makes a determination about a refugee claim, the applicant allow to remain in Canada.
|Making an H&C application does not grant the applicant the right to remain in Canada until the IRCC makes a decision.
|While waiting for the IRB to decide their case, a refugee claimant can submit an application for study permit or work permit if they need.
|After their first stage application is accepted, H&C applicants can apply for work permit or study permit.
|If a refugee claim is granted, the applicant can apply for permanent residency without having to complete all of the regular requirements. For instance, they do not need to demonstrate their ability to support themselves financially as well as their health requirements. Furthermore, it makes no difference if they have a relative who falls short of the requirements.
|To be eligible for permanent residency, an H&C applicant must fulfill all conditions. Or, if they don't meet any conditions, they must request an exception. These qualifications include good health and the ability to support themselves financially. They might not be able to obtain permanent residence status if they don't fulfill all the standards or if they have a family member who doesn't.
|An individual who is granted refugee status also typically gains permanent residency and receives the status of a protected person. However, they might not be forced to leave Canada if they lose their permanent residence status. This is so that they can continue to be considered protected person. Most of cases in law, a protected person cannot be returned to a nation where they would be at risk.
|A person who applies for H&C and is accepted at both phases is considered a permanent resident. For the reasons specified by law, a permanent resident may lose their status. For instance, individuals can lose their status as a permanent resident and be forced to leave Canada if they commit a crime that is deemed serious by immigration law.
|If a protected person returns voluntarily to the protection of their country of nationality, they risk losing both their protected person status and status as a permanent resident. If they visit or obtain a passport from that nation. Then they might be forced to leave Canada.
|A H&C applicant who is accepted becomes a permanent resident. In contrast to a protected person, they are not at risk losing their permanent resident status only because they travel to or get a passport from their country of nationality.
|Making a refugee claim is free of charge. A protected person must pay a processing charge to apply for permanent residency but is exempt from paying the Right of Permanent Residence Fee.
|To apply for H&C, an applicant must pay a processing fee. A successful H&C applicant at the first stage will be required to pay an extra Right of Permanent Residence Fee.