Your eligibility interview with IRCC - My Refugee Claim (2024)

Your eligibility interview with IRCC - My Refugee Claim (1)Your eligibility interview with IRCC - My Refugee Claim (2)Your eligibility interview with IRCC - My Refugee Claim (3)Your eligibility interview with IRCC - My Refugee Claim (4)

At your eligibility interview, IRCC asks you questions to decide if you can make a claim in Canada. This interview is not your refugee hearing.

What happens during the interview

An IRCC officer will:

  • Look at your application (BOC Form and all the information from the IRCC Portal) and ask you questions about the information you gave.
  • Check the names, dates, places of birth, and contact information of your family members.
  • Ask questions to decide if you can make a claim. You will get a free interpreter if you need one.


They will ask you questions like these:

  • Why did you come to Canada?
  • Who or what are you afraid of in your country?
  • What will happen to you if you go back to your country?
  • Have you ever been arrested or detained? (for any reason)
  • Have you made a refugee claim in another country?
  • In what countries do you have legal status or citizenship?
  • How did you travel to Canada?
  • Who helped you come to Canada?
  • Do you have relatives in Canada?
If you are allowed to make a refugee claim

If you can make a refugee claim, the officer will:

  • Give you a Confirmation of Referral letter and send your claim to the IRB-RPD. The IRB-RPD will give you a hearing date once they review your file.
  • Give you a Refugee Protection Claimant Document (RPCD).This document proves who you are and that you are a refugee claimant. With an RPCD, you can get medical services through the Interim Federal Health Program and other services and benefits in Canada. The form has your Unique Client Identifier (UCI) number.
  • Give you a removal order in case your claim is not accepted (only enforced if your claim is refused, withdrawn, or abandoned).
  • Explain the next steps in the claim process. It is very important to update IRCC, CBSA, and the IRB-RPD with your current address, email address, and phone number.
  • Give you a Claimant’s Kit. It has:
    • the certified copies of the identity and travel documents that IRCC took from you,
    • a Claimant’s Guide, and
    • information from your interview. IRCC also sends these notes to the IRB-RPD.

After a successful interview, you will wait for your refugee hearing with the IRB-RPD. Start thinking about what evidence you can get to support your claim.

If you are not allowed to make a refugee claim

IRCC may decide you cannot make a refugee claim in Canada if:

  • You are a convention refugee in another country that you can go to
  • You made a refugee claim in United States, United Kingdom, Australia, or New Zealand
  • Canada already told you that you cannot make a refugee claim
  • You made a refugee claim in Canada that was rejected, abandoned, or withdrawn
  • You are dangerous, a criminal, or you have abused human rights
  • Canada already made you a protected person
  • Canada has already ordered you to leave in a removal order
  • At a United States-Canada land border, you were told you could not enter because of the STCA, but later did so without permission

If IRCC does not allow you to make a refugee claim, they will give you a removal order. Speak to a legal representative as soon as possible. CBSA may detain you (hold you in custody). You may be offered a Pre-Removal Risk Assessment (PRRA).

Withdrawing your refugee claim

If you decide to withdraw your claim, CBSA may remove you from Canada. You cannot change your mind or make another refugee claim later. Speak to a legal representative before you withdraw your claim.

Your eligibility interview with IRCC - My Refugee Claim (2024)

FAQs

Your eligibility interview with IRCC - My Refugee Claim? ›

The eligibility interview is only to determine if you are eligible to enter the Refugee Claim process so your application can be sent to the Immigration & Refugee Board (IRB) for a refugee hearing. This is not your refugee hearing and a positive outcome does not mean you are accepted as a refugee.

What happens after a refugee eligibility interview? ›

After your refugee hearing, the IRB approves or rejects your refugee claim. If the IRB accepts your claim, you get “protected person” status. This means you can stay in Canada, and you can apply to become a permanent resident of Canada. If the IRB rejects your claim, you'll have to leave Canada.

How long does it take to get a decision letter from a refugee hearing? ›

This means the member will consider all the evidence after the hearing and will write the decision. If you and the Minister's counsel provided written submissions and no oral hearing was held, the member will make a decision from the written submissions. This usually takes no more than 60 days.

How do I prepare for a refugee interview? ›

How to Prepare Once they are Invited?
  1. Review their original application. Has anything changed with regards to their family composition, their country of asylum or anything else? ...
  2. Collect all the documents. ...
  3. Prepare updates. ...
  4. Practice. ...
  5. Make a list of information and notes that you particularly want the visa officer to know.

What happens if your refugee claim is rejected in Canada? ›

Options after your claim is rejected

Appeal to the Immigration and Refugee Board of Canada – Refugee Appeal Division (IRB-RAD) Apply to the Federal Court of Canada for Judicial Review. Apply for a Pre-Removal Risk Assessment (PRRA) Apply for permanent residence based on Humanitarian and Compassionate grounds (H&C)

What happens after your refugee claim is accepted in Canada? ›

If your claim is accepted

If your claim has been accepted and the government does not appeal the decision, you can: apply for permanent resident status. begin the process to bring immediate family members to Canada. apply for a health card under the Ontario Health Insurance Program (OHIP)

How do you know if you pass the immigration interview? ›

At the end of your immigrant visa interview at the U.S. Embassy or Consulate, the consular officer will inform you whether your visa application is approved or denied. Visa approval - When approved, you will be informed how and when your passport and visa will be returned to you.

How long does it take for a decision on a Canada refugee claim? ›

Projected wait times are approximately 24 months for refugee claims and 12 months for refugee appeals.

What is a positive first decision letter from IRCC? ›

This positive assessment (also called approval in principle): exempts the applicant from the in-Canada eligibility criteria based on humanitarian and compassionate considerations in order to facilitate processing the application for permanent residence from within Canada.

How long does a refugee claim take in USA? ›

In most cases, a decision will be made on your asylum application within 180 days after you file. Learn more about the process of seeking asylum in the U.S., including: Filing asylum application Form I-589 within 1 year of arriving in the U.S.

What to expect in a refugee interview? ›

The Visa Officer will ask you about the nature and causes of your personal refugee story and the current situation in your home country and the country you are currently in, e.g., why you had to leave your home country, why you cannot go back and why you cannot stay where you are.

How long are asylum interviews taking? ›

The interview will generally last about 1 hour, although the time may vary depending on the case. You may also bring witnesses to testify on your behalf. For more information about your asylum interview, see our Web page on Preparing for Your Asylum Interview.

How do I check my asylum interview status? ›

The USCIS website is a helpful tool to track the status of your asylum case and ensure that you don't miss an important interview or notice. If you encounter problems using the website, you can contact USCIS's help center at 1-800-375-5283.

What percentage of refugee claims are accepted in Canada? ›

The total IRB approval rate for between the port claims from all countries is 52% (February 2017-June 2022).

Who is not eligible to make a refugee claim in Canada? ›

You won't be eligible to make a refugee claim if you: have a removal order against you. have Convention refugee status in another country that you can return to. made a refugee claim in Canada before and it was rejected, withdrawn, or abandoned.

Can I stay in Canada if I withdraw my refugee claim? ›

If a refugee claim is withdrawn, a claimant with a conditional removal order can be forced to leave Canada. This is because the order that is made when the claim is referred to the IRB takes effect when the claim is withdrawn.

What is the next step after an asylum interview? ›

Depending on the case, the supervisory asylum officer may refer the decision to asylum division staff at USCIS headquarters for additional review. In most cases, you will return to the asylum office to pick up the decision 2 weeks after the asylum officer interviewed you.

How long does it take to get a decision after asylum interview? ›

After your interview, the Asylum Office should issue its decision within a matter of weeks.

How long after asylum interview do you get green card? ›

If the USCIS officer conducting your interview determines that you meet all the requirements for adjustment of status, you will receive a decision in the mail soon after your interview. Your green card will arrive by mail soon after that, typically within a few weeks (though longer backups have been reported at times).

How long after immigration interview can I hear back? ›

Otherwise, they'll have up to 120 days after your interview to make a decision. You can expect one of three outcomes on your application: approval, denial, or continuation (see this guide for more details). Applications are typically “continued” when: USCIS needs more information or documentation from you.

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