Lori Meadows
International students in Canada have been applying for asylum in growing numbers, with nearly 14,000 doing so in the first nine months of 2024. While Canada has a proud history of accepting refugees, with over 60,000 Syrian refugees resettled in 2015 and almost 300,000 Ukrainians arriving under an emergency scheme, there are concerns about the increase in asylum claims from international students. Some commentators argue that students are abusing the system and using it as a backdoor entry to stay in Canada, while others point to the vulnerability of students and the exploitation they may face from educational institutions.
| Characteristics | Values |
|---|---|
| Can international students apply for refugee status in Canada? | Yes, international students can apply for asylum in Canada. |
| Number of international students who applied for asylum in Canada in 2024 | Nearly 14,000 |
| Number of international students who applied for asylum in Canada in 2023 | 12,000 |
| Number of international students who applied for asylum in Canada in 2018 | 1,810 |
| Countries with the highest number of claims filed by students | India, Nigeria, Ghana, Guinea, and the Democratic Republic of Congo |
| Canadian institutions with the highest number of asylum seekers | Conestoga College (520), Seneca College (490), and Niagara College (410) |
| Can international students be guaranteed protection and be allowed to stay in Canada after applying for asylum? | No, there is no guarantee. |
| Can international students apply for refugee status in Canada without a referral? | No, referral by the United Nations Refugee Agency, a designated referral organization, or a private sponsor is required. |
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What You'll Learn
International students applying for asylum in Canada
International students can apply for asylum in Canada, and there has been a notable increase in the number of asylum claims from international students in the country. Between January 1 and September 30, 2024, international students filed over 13,600 asylum claims, with nearly 1,500 students on study permit extensions. This is a significant jump from the previous year, which saw approximately 12,000 asylum claims from international students, and a massive increase from 2018, which had only 1,810 claims.
The rise in asylum claims from international students in Canada has sparked concerns among officials, with Immigration Minister Marc Miller calling it an "alarming trend." Miller suggested that some students are exploiting the system by applying for asylum soon after their arrival in Canada to lower their tuition fees and gain backdoor entry into the country. He also raised concerns about students being counselled by unauthorized third parties to provide false information in their applications.
However, it is important to note that the majority of international students are not applying for asylum. From 2018 to 2024, only 1.94% of students with approved study permits applied for asylum. Critics argue that the focus should be on predatory institutions that exploit students and place them in vulnerable situations, rather than vilifying the entire cohort of international students. They emphasize that many students have valid reasons for seeking asylum and that Canada's immigration policies are based on fairness and compassion.
The process of applying for asylum in Canada as an international student is similar to that of any other asylum seeker. Asylum claims are assessed based on the individual's fear of persecution or risk of returning to their home country. However, obtaining permanent residency through asylum is challenging and involves rigorous legal processes. False or unsupported claims can lead to serious repercussions, including legal action and potential removal from the country.
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Canada's refugee resettlement program
Canada has a long tradition of welcoming refugees and has three different resettlement programs. Since 1959, Canada has resettled over 700,000 refugees from around the world.
Under the Government-Assisted Refugees (GAR) program, refugees are referred for resettlement to Canada by the UNHCR and other partners with which Canada has an agreement. Refugees must be registered with the UNHCR or the state authorities in the country where they sought asylum to be considered for referral. Those who benefit from the program receive financial support from the Canadian government for up to one year from their arrival in Canada. In 2019, 33% of refugees arrived in Canada through the GAR program. The province of Québec has a slightly different process, with Québec officials responsible for screening potential candidates.
The Private Sponsorship of Refugees (PSR) program allows Canadian citizens and permanent residents to resettle persons who qualify as refugees under Canada's refugee and humanitarian program. Sponsoring groups provide refugees with settlement assistance and financial support for up to one year from their arrival. In 2019, 64% of refugees arrived in Canada through the PSR program. Québec receives and approves its own applications for private sponsorship.
The Blended Visa Office-Referred (BVOR) program matches refugees identified for resettlement by the UNHCR with private sponsors in Canada. Costs are shared between these private sponsors and the Canadian government, with each party providing six months of financial support. In 2019, 3% of refugees arrived in Canada through the BVOR program. The province of Québec does not have the BVOR program.
In 2024, nearly 14,000 asylum claims were made by international students in Canada, marking a 14% jump from 2023. However, it is important to note that obtaining permanent residency through asylum is challenging and involves rigorous legal processes. False or unsupported claims can lead to serious repercussions, including legal action and potential removal from the country.
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The challenges of obtaining permanent residency through asylum
International students can apply for asylum in Canada, and there has been a notable increase in asylum claims from this cohort. In 2024, nearly 14,000 asylum claims were made by international students in Canada, marking a 14% jump from 2023.
However, obtaining permanent residency through asylum is challenging and presents several obstacles. Here are the key challenges faced by international students seeking permanent residency in Canada through asylum:
- Rigorous Legal Processes: Claiming asylum in Canada involves complex and stringent legal procedures. Applicants must navigate a detailed and demanding legal framework, which can be daunting without proper legal guidance. False or unsupported claims can have serious repercussions, including legal action and potential removal from the country.
- No Guarantee of Protection: Even if an international student files an asylum claim, there is no assurance that they will be granted protection and allowed to remain in Canada. Each case is assessed individually, and the decision depends on various factors, including the validity of the claim and the specific circumstances of the applicant.
- Time Constraints: There is often pressure to file asylum claims within a specific timeframe, preferably soon after an individual's arrival in Canada. According to Immigration and Refugees Minister Marc Miller, many claims are filed within the first year of a student's stay. However, this rushed approach may not allow sufficient time to prepare a comprehensive and well-supported claim.
- Negative Perception and Scrutiny: The rise in asylum claims by international students has attracted scrutiny and negative perceptions. Some suggest that students are abusing the system or exploiting loopholes to gain residency. This can lead to a biased lens through which claims are evaluated, potentially impacting the fairness of the assessment process.
- Predatory Institutions and Misinformation: There are concerns about the role of predatory learning institutions and unauthorized practitioners in influencing students to file asylum claims. Some institutions may exploit students' vulnerabilities, promising opportunities that don't exist, and encouraging them to seek asylum as a last resort. Additionally, unauthorized practitioners or unlicensed consultants may provide false or misleading information, putting students at risk of repercussions.
While Canada offers refugee protection and resettlement, the challenges outlined above underscore the complexities of obtaining permanent residency through asylum for international students. It is crucial for applicants to understand the rigorous nature of the process and seek proper legal guidance to navigate their specific circumstances effectively.
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The role of educational institutions in the asylum application process
International students are often painted as opportunists who exploit Canada's asylum system. However, this fails to consider the systemic issues that push them towards this route. Many international students face financial challenges during their time in Canada, incurring substantial debt and resorting to precarious living conditions to afford their education. The rise in tuition fees, high living costs, and limited work opportunities can trap some students in a cycle of despair, leading them to consider asylum as a last resort to remain in Canada.
Some educational institutions in Canada have been identified as opportunistic and responsible for the increasing number of asylum claims. These institutions provide misleading information and exploit loopholes in the system. For instance, Immigration, Refugees and Citizenship Canada (IRCC) has identified colleges like Seneca Polytechnic and Conestoga College as having a high number of asylum seekers among their international student cohorts.
To address this issue, the regulatory authorities in Canada, such as the College of Immigration and Citizenship Consultants (CICC), should take a more active role. The CICC has already made efforts to shut down websites operated by unauthorized practitioners, but they also need to investigate licensed consultants who improperly advise international students to file asylum claims. Harsher penalties for opportunistic immigration consultants and enhanced IRCC checks could help lower fraudulent claims and ease the strain on the system.
Educational institutions themselves should also take responsibility for supporting their international students and ensuring they are not left vulnerable to exploitation. This includes providing accurate information about the asylum process and the low likelihood of acceptance, as well as offering resources to help students navigate the rigorous legal processes involved in seeking asylum.
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The impact of policy changes on international student visas and asylum claims
International students on visas in Canada have been applying for asylum in growing numbers. In the first eight months of 2024, nearly 13,000 international students applied for asylum, with the total number for the year expected to reach 14,000. This represents a significant increase from 2023, when 12,000 asylum claims were made, and an even larger jump from 2018, when there were only 1,810 claims.
The rise in asylum claims by international students has been attributed to various factors. Some students may be filing claims due to a genuine fear of persecution or risk if they return to their home countries, especially considering the increasing number of global conflicts and crises. However, there have also been concerns that some students are exploiting the system by filing claims soon after their arrival in Canada, sometimes for less valid reasons such as lowering their tuition fees to domestic rates. Immigration Minister Marc Miller has called this an "alarming trend," suggesting that students are using the international student program as a "backdoor entry" into Canada.
In response to the increasing number of asylum claims, the Canadian government has implemented policy changes aimed at curbing the number of temporary residents in the country. In 2024, the government reduced the international study permit target by 10% from the initial target of 485,000. These policy changes have made it more difficult for international students to obtain study permits and remain in Canada.
The impact of these policy changes on international student visas and asylum claims is complex. While the reduced study permit target may deter some students from choosing to study in Canada, it is also possible that the stricter regulations could make it more challenging for students with legitimate asylum claims to receive protection. There are concerns that the focus on reducing the number of temporary residents could lead to a breakdown of trust in the fairness and compassion of Canadian immigration policies.
It is important to note that seeking asylum is not an easy pathway to permanent residency in Canada. Obtaining permanent residency through asylum involves rigorous legal processes, and false or unsupported claims can lead to serious repercussions, including potential removal from the country. The increase in asylum claims highlights the need for a nuanced approach that addresses the root causes of the issue while ensuring that Canada remains a place of opportunity and a beacon of fairness and hope for those seeking refuge.
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Frequently asked questions
Yes, international students can apply for refugee status in Canada. However, there is no guarantee that a claimant will be granted protection and allowed to stay in Canada.
To apply for refugee status in Canada, an international student must demonstrate a well-founded fear of persecution or risk of returning to their home country. They must also have a valid study permit or study permit extension.
To apply for refugee status in Canada, an international student can submit an inland refugee claim to the Immigration, Refugees, and Citizenship Canada (IRCC) if they are already residing in Canada. Alternatively, they can be referred by the United Nations Refugee Agency, a designated referral organization, or a private sponsor outside of Canada.
Obtaining permanent residency through asylum is challenging and involves rigorous legal processes. False or unsupported claims can lead to serious repercussions, including legal action and potential removal from the country. There is also a concern about students being counselled by unauthorized third parties to provide false information in their applications.
