Who is a protected person in Canada?
Canada offers protection to thousands of people every year. Of course, protection is an opportunity to live in Canada. Moreover, you may become a permanent resident or a Canadian citizen eventually. However, before getting excited, let’s see who is a protected person. Also, let’s explore who may apply for protection and how.
- Who is a protected person?
- Becoming a protected person
- The benefits of becoming a protected person
- Let us help!
Who is a protected person?
Canada could offer protection to a person who has a genuine fear of persecution or cruel treatment in their home country. However, the fear must be because of
- race,
- religion,
- nationality,
- membership in a particular social group, or
- political opinion.
Sometimes a person does not have a country of citizenship. Therefore, their country of habitual residence must cause that fear.
How to become a protected person
There are two main ways you can apply for protection, namely:
- Claim refugee status in Canada.
- Receive protection from the Minister primarily by applying for PRRA. However, it is not an easy process.
If you are outside Canada and your refugee claim goes through, you will enter Canada as a permanent resident. Consequently, you won’t be a protected person inside Canada. However, your PR is because of the protection you received while you were outside Canada.
Claiming Refugee inside Canada
The immigration authorities review every refugee claim and refer the eligible ones to IRB if eligible. The Immigration and Refugee Board of Canada (IRB) reviews the claims and decides their fate. If they approve your application, you become a protected person as a convention refugee or someone who needs protection.
Note to practitioners: See A95! Also, consider A96 and A97.
Pre-Removal Risk Assessment (PRRA)
Most people who face a removal order could file for PRRA. The immigration authorities review those applications. Consequently, if they approve the application, the applicant becomes a protected person.
Note to practitioners: See A112! However, read the sections following this section.
The benefits of becoming a protected person
You may receive an open work permit in Canada as a protected person. Moreover, you may apply for a study permit from inside Canada. However, the more critical perk is the qualification for applying for permanent residence. Unfortunately, some protected people do not qualify for a PR application. For example, read the following article to see an example:
Of course, your best bet is to also consult with a professional.
This article gives a basic idea of protection in Canada. Nonetheless, make sure to read my other articles as well.
Let us help in your application for protection.
If you want to become a protected person or face any immigration issues, fill out the following form. Alternatively, please book an appointment with me. However, for immigration options, please fill out our assessment form.
If you are interested in visiting or immigrating to Canada, please complete our free assessment form.
There is no fee for this assessment. We will review your information and contact you if we identify a suitable immigration pathway or other meaningful option for you.
If you would prefer direct advice about your specific situation, you may book a consultation session. This is a paid service and includes formal immigration advice from a licensed Canadian immigration practitioner.
Al Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor, Queen’s University Faculty of Law
Instructor, Ashton College, Immigration Consulting Program
Author of 88 Tips on Immigration to Canada and Inadmissibility to Canada for Human Rights Violations
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