International Students: Seeking Refugee Status Explained

International students who wish to apply for refugee status in a country other than their own face a unique set of circumstances and challenges. While anyone can apply for asylum, the process and requirements vary depending on the country. For instance, in Canada, international students may be able to file a refugee claim, but doing so may result in a removal order as it breaks the promise to leave Canada at the end of the authorized stay. In contrast, the United States offers a refugee admissions program that provides assistance with travel plans and cultural orientation, while Ireland grants international protection to those escaping persecution or those with a well-founded fear for their safety in their home country. Understanding the specific processes and eligibility criteria for each country is crucial for international students seeking refugee status.

Can international students apply for refugee status?

International students can file refugee claims in Canada

There are concerns that some international students are exploiting the system by filing asylum claims soon after their arrival in Canada, often within the first year, to take advantage of lower tuition fees for domestic students. Immigration Minister Marc Miller has called this an "alarming trend" and suggested that universities and colleges improve their screening and monitoring practices.

However, others argue that the focus should not be on vilifying international students but on addressing the predatory institutions that exploit students for profit and place them in vulnerable situations. Many students may have legitimate reasons for seeking asylum, such as the risk of persecution or humanitarian crises in their home countries.

In summary, while international students can file refugee claims in Canada, it is a complex and rigorous process that should not be seen as an easy pathway to permanent residency. Students must ensure they have valid reasons for seeking asylum and be aware of the potential consequences of false or unsupported claims.

Refugee claims could result in permanent residency in Canada

International students can apply for refugee status in Canada. To do so, they must demonstrate that they are unable to return to their home country due to a well-founded fear of persecution or risk of harm. This process involves providing evidence and documentation to support their claim, and it can be done at any port of entry, including airports, seaports, or land borders upon arrival in Canada.

Once an individual has claimed refugee protection, their application is assessed by the Immigration and Refugee Board. If their claim is approved, they can then apply for and obtain permanent resident status in Canada. This process may take some time, and there are certain conditions and requirements that must be met. For example, those seeking permanent residency must have met their residency obligations and not been outside of Canada for extended periods.

Additionally, there are specific forms and documents that need to be completed and submitted, such as the IMM 5205 form for applying for permanent residence as a protected person or convention refugee. This form requires personal information, including the applicant's place and country of birth, as well as the total number of family members included in the application. Interpreters are also available for those who need them during the interview process.

It is important to note that international students who are only in Canada for a short period are not considered permanent residents. To maintain their status, permanent residents must carry a PR card and may need to apply for a permanent resident travel document (PRTD) if they plan to travel outside of the country. Overall, while refugee claims can indeed result in permanent residency in Canada, it is a process that requires careful navigation and adherence to specific guidelines.

Claims must be filed upon first entry or soon after

When claiming asylum, it is important to act promptly. Claims should be filed upon first entry to the country, or as soon as possible after that. This is because there are strict time limits on the asylum application process. A decision on your application should be made within 180 days of the date you filed it, unless there are exceptional circumstances.

If you are an international student seeking refugee status, you can make a claim for refugee protection at any port of entry when you arrive in the country. This includes airports, seaports, and land borders. For example, in Canada, you can make a claim at the border when you enter the country. However, it is worth noting that there are some exceptions and specific circumstances that may affect your claim. For instance, if you have already been recognised as a refugee in another country that you could return to safely, or if you have made an asylum claim in certain other countries, such as the United States, the United Kingdom, Australia, or New Zealand.

To support your claim, you will need to provide identification for yourself and any accompanying family members. This can include original or copy documents, such as passports, birth certificates, or other relevant identification. You may also be asked to explain how you arrived in the country, and provide any documents used during your travel, whether genuine or falsified. It is important to be prepared for your asylum interview, and you may want to seek guidance from organisations such as the United Nations High Commissioner for Refugees (UNHCR). You have the right to bring a lawyer or representative to your interview, as well as an interpreter if you do not speak the language fluently.

The process for filing a refugee claim can vary slightly depending on the country, but there are some common steps. After filing your claim, you will typically be referred to an independent body that handles refugee matters, such as the Immigration and Refugee Board (IRB) in Canada. They will evaluate your fear of persecution and decide whether you meet the definition of a refugee, as outlined in the Immigration and Nationality Act (INA). This evaluation will be based on the information you provide in your application, as well as during an interview with an asylum officer. It is important to provide as much detail as possible about your situation and why you are afraid to return to your home country.

Misrepresentation in a claim can result in a five-year ban from Canada

International students can apply for refugee status in Canada. Refugee protection in Canada is another term for asylum, which means asking for protection because it is unsafe for an individual in their own country. To apply for refugee protection, individuals must be physically present in Canada or at a Canadian port of entry, such as an airport, seaport, or land border.

The application process for refugee status in Canada can be complex, and it is important to provide accurate and complete information. Misrepresentation in a refugee claim is considered a serious offence by the Canadian government and can result in a five-year ban from the country. Misrepresentation is defined as intentionally providing false or misleading information or withholding information that could impact one's admissibility to Canada. This includes using falsified or altered travel documents, providing incorrect certificates of police clearance, or lying about one's educational qualifications.

If an individual is found to have misrepresented themselves in their refugee claim, they may be denied entry or have their legal status in Canada revoked. In addition, they may be subject to a five-year ban from the country. It is important to note that this ban may not be permanent, and there may be options to re-apply for entry or seek temporary residency after a period of time.

To avoid misrepresentation, individuals should ensure that all information provided in their refugee claim is accurate and truthful. This includes providing genuine documents, such as passports, diplomas, transcripts, and other educational certificates. Seeking legal advice or consulting with regulated Canadian immigration consultants can help ensure that one's application is complete and truthful, reducing the risk of misrepresentation and its associated consequences.

It is worth noting that individuals who are denied refugee status in Canada due to misrepresentation have the right to appeal the decision. Additionally, there may be alternative pathways to enter Canada, such as through a temporary resident permit, which allows individuals who are otherwise inadmissible to enter the country temporarily. However, obtaining a temporary resident permit with an entry ban in place can be challenging, and it may be advisable to wait until the ban period has ended before pursuing this option.

Adverse circumstances in an applicant's home country may entitle them to a work permit

Adverse circumstances in an applicant's home country may allow them to obtain a work permit in the United States. To do so, they must file Form I-765, Application for Employment Authorization, to request an initial grant of employment authorization.

International students and recent graduates will likely need employer sponsorship to work in the US. While they may be authorized to work in the US for a period of time, such as on OPT or CPT, their student visa will eventually expire. Most work visas require employer sponsorship. Many employers are open to sponsoring international applicants, so applicants should not be discouraged by this.

Spouses and children of E-1 Treaty Traders can also apply for work authorization. They must be from eligible E-1 treaty countries and be in the United States conducting international trade.

Students with F-1 status can gain temporary work authorization after their degree program ends as part of the Optional Practical Training (OPT) program. J-1 visa holders can use the Academic Training program, which is similar but does not require a work permit.

Additionally, students with an internship offer from a qualified international organization can apply for work authorization to complete the internship.

Frequently asked questions