Can international students file a refugee claim in Canada?

International students mostly enter Canada with valid study permits. Of course, many intend to immigrate to Canada and later submit an immigration application. One immigration option to Canada is through a refugee claim. However, is this option available to international students? In other words, can international students file for a refugee claim in Canada?

Refugee claim by an international student is against their promises.

As part of a study permit application, you convince an officer that you will leave Canada by the end of the period authorized for your stay [practitioners see R216(1)(b)]. Consequently, if you file a refugee claim, you break that promise. Therefore, the immigration authorities issue you a removal order as soon as you submit your claim. They later enforce the removal order if any of the following scenarios happen:

• The immigration authorities find you ineligible for an RPD referral.
• You abandon or withdraw your claim.
• RPD or RAD refuse your claim.
• Your subsequent efforts fail, such as a judicial review, PRRA, or H&C application.

A removal order could jeopardize any future efforts to move to Canada. Thus, file a claim only if there are significant merits to it.

Are you eligible to file?

Ensure to consult a professional to see if you are eligible to file a refugee claim in Canada. Moreover, please read the following articles:

• Who may not file for refugee in Canada
• Claiming Refugee Status

Do international students have unlimited time to file a refugee claim?

The simple answer is no. Generally speaking, RPD and immigration authorities expect a person to file the claim upon their first entry or soon after that. Sometimes a student files a refugee claim several months after living in Canada. However, the authorities perceive that as a result of failing other immigration options. This situation questions the genuineness of the claim. Of course, exceptions exist. For example, the circumstances in the student’s country have recently changed, and they have a real fear of returning home. Sometimes, adverse home country circumstances entitle you to a work permit rather than seeking asylum. Please read my article on this subject:

• Work Permit for Destitute Students in Canada

What happens if the authorities accept the claim?

If the authorities accept the international student’s claim, they become a protected person. Consequently, they may apply for a PR status and a refugee travel document.

A refugee claim as an international student does not entitle you to misrepresentation.

When you are filing a claim, you must remain truthful. Moreover, you may not hide or alter documents and other material facts. Misrepresentation could result in a five-year ban from Canada and even fines and prison time. Read the following articles about the consequences of misrepresentation and potential remedies. Of course, I do not condone misrepresentation in any shape and form.

• Misrepresentation
• How can I resolve inadmissibility to Canada?

Let us help!

If you are an international student and intend to file a refugee claim, please consider booking a consultation session with me.

Take the Refugee Appeal Assessment

If you are facing a failed refugee claim, fill out the following form. However, for brand-new refugee claims, fill out our Refugee Claim Self-Assessment tool.

Take the Refugee Claim Self-Assessment

Please answer the questions below honestly. The form provides an immediate estimate of your claim’s strength based on the information you provide.

Disclaimer: This assessment is generated by an automated algorithm and does not constitute official legal advice.