This is not a legal document. The explanations and definitions are not legal definitions. In case of a discrepancy between the language in this document and the relevant legislation or regulations, the legal text in the legislation and regulations prevails.
For legal information, consult the following documents:
This application package consists of:
Note: In addition to the forms in this package, you will also need to complete the Basis of Claim Form.
The instruction guide is a tool that provides:
Note: Important information about the Basis of Claim Form and the refugee determination process can be found at the Immigration and Refugee Board website.
Read the instruction guide thoroughly and then fill out each of the applicable forms.
The forms are specifically designed with questions that will assist the processing of your application.
This guide uses the following symbols to indicate information of particular importance.
What you must do to have your application processed.
Important information that you need to be aware of in order to avoid delays or other problems.
Where to get more information.
Note:Tips that will assist you with this application.
The instructions provided in this guide follow the basic steps you will need to know to complete your application.
You can apply for refugee protection at any time, as long as you are not subject to a removal order.
If IRCC grants you an exemption:
Canada offers refugee protection in Canada to those who fear persecution and who are unwilling or unable to return to their home country.
Officers receiving your refugee claim will decide whether it is eligible for referral to the Immigration and Refugee Board of Canada ( IRB ), an independent administrative tribunal that makes decisions on immigration and refugee matters. The IRB decides who is a Convention refugee or a person in need of protection.
Your refugee claim may not be eligible for referral to the IRB if:
In addition, people who are subject to a removal order cannot make a refugee claim.
You may find the following definitions useful:
Convention refugees are people who are outside their home country or the country where they normally live, and who are unwilling to return because of a well-founded fear of persecution based on:
A person in need of protection is a person in Canada whose removal to their home country or country where they normally live would subject them personally to:
Your family members include your spouse or common-law partner, your dependent children and any children that are their dependent children.
Spouse
Refers to either of the two persons (any gender) in a marriage legally recognized in the country in which it took place, as well as in Canada.
Proxy, telephone, fax, internet and similar forms of marriage where one or both parties were not physically present are not considered as valid spousal relationships under the Regulations nor are polygamous marriages. For more information, consult our policy on the legality of a marriage.
Common-law partnerRefers to a person who is living in a conjugal relationship with another person (any gender), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.
This can be shown with evidence that the couple share the same home, support each other financially and emotionally, have children together, or present themselves in public as a couple.
Common-law partners who have been in a conjugal relationship for at least one year, but are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control (for example, civil war or armed conflict) may still qualify and should be included on the application.
Dependent children
We assess your child’s eligibility as a dependant based on how old they were at a specific point in time, called the "lock-in date". This is usually the date we received your application. To see if your child qualifies as a dependant, we consider the age of your child on the lock-in date, even though your child’s age may change during processing.
Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements below on the lock-in date:
Children 22 years old or older qualify as dependants if they meet both of these requirements:
With the exception of age, dependants must continue to meet these requirements until we finish processing your application.
If your child’s age was locked in on or before October 23, 2017, a previous definition of dependent children may apply.
Dependent child of a dependent child
Refers to children of dependent children of the applicant and those of the spouse or common-law partner, if applicable.
Note: For applicants who started an immigration process before August 1 st , 2014, consult the page Definition of Dependent Children Before August 1 st , 2014.
The only family members who must be listed on your application are those who are in Canada and who are also applying for refugee protection.
To apply, you should use the IRCC Portal.
If you cannot use the online application process because you are in need of accommodation, you must email IRCC (IRCC.RefugeePortalExemption-ExemptionPortailRefugies.IRCC@cic.gc.ca) and submit a request for exemption. You must clearly indicate the reasons you are requesting accommodation. If you’re exempt, IRCC will contact you with a scheduled appointment.
You will have to complete the required forms and bring them to your scheduled appointment at an IRCC office.
The table below identifies the documents that you will need to bring in for your scheduled appointment. You may use the document checklist to ensure that your application includes all of the required documents.
This includes all identity documents and relationship documents for the principal applicant and for all family members who are in Canada and are included in the application for refugee protection. These documents can include identity, travel or other documents that you have with you now to support your claim, including documents that are not genuine, documents that you got in an irregular or illegal way or by giving information that is not true, and documents you used that do not really belong to you.
Example of pieces of personal identification include:
Note: If you do not have any documents that prove your identity, you will be asked to explain the absence of such documents at your eligibility interview. It is to your benefit to provide all supporting documentation.
Format: Originals
In addition to the identity and relationship documents listed above, you may also include documents that support your claim for refugee protection, if they are available.
Some examples of documents you could provide include:
For more information, please see the Claimant’s Guide on the IRB website.
Format: Original and photocopies
| Step | Action |
|---|---|
| 1 | Include 2 photos of yourself and each of your family members in Canada who are applying for refugee protection. |
| 2 | Write the name and date of birth of the person on the back of one (1) of the photos. |
Format: Original
If your documents are not in either English or French, you must have them translated into the official language (English or French) that you have chosen for your proceeding. The translations and a translator’s declaration must be provided, along with copies of the documents. The translator’s declaration must include:
If you do not provide your documents in either English or French, they cannot be used at the IRB proceeding unless the Member (the person who hears the case and makes the decision) agrees.
For more information, please see the Claimant’s Guide on the IRB website.
You and your family members will have to undergo a medical examination.
The office where you make your refugee claim will instruct you how to do this, and give you documents you will need to take to the physician.
Note: the eligibility of your refugee claim will not be affected by the outcome of your medical examination.