Start Your Refugee Claim

STCA exceptions

There are some exceptions to the STCA. You may be allowed to make a refugee claim if you meet one of the following exceptions:  

• You have a family member in Canada.
• You are a child under 19, travelling alone, and you do not have a parent or legal guardian in the United States.
• You have a valid Canadian visa, or a study or work permit.
• You are facing the criminal death penalty in the United States or in your country.
• You are stateless.
• You are a citizen of the United States.

A border official will ask you questions to see if you qualify for one of these exceptions. If you do qualify, you will be allowed to enter Canada. If you do not qualify for one of the exceptions you might be sent back to the United States and have to leave Canada. If possible, speak to a lawyer or legal representative about other ways for you to try to stay in Canada.

Understand the process of making a claim at a port of entry

Once you tell a CBSA officer that you want to make a refugee claim, they may ask you questions to decide if you are eligible to make a claim. 

They will usually also complete the refugee claim forms with you, take your identity documents and/or passport, and take your fingerprints and photo (biometrics). 

If the CBSA officer decides you are eligible to make a refugee claim they will give you: 

• A Refugee Protection Claimant Document (RPCD)
• A letter that confirms your refugee claim has been referred to the Immigration and Refugee Board of Canada (IRB)
• Instructions about how and when to submit your Basis of Claim (BOC) form 
• Instructions about how and when to complete your Immigration Medical Exam (IME)

If the CBSA officer does not determine your eligibility they will give you instructions about attending an eligibility interview at another date. If this happens, they will give you: 

• An Acknowledgement of Claim document
• Instructions about how and when to complete your Immigration Medical Exam (IME)
• Instructions about how and when to complete your refugee claim forms – you may be told to complete these forms online through the IRCC portal

After you have returned for an eligibility interview, if you are found eligible you will receive your Refugee Protection Claimant Document, letter confirming your refugee claim has been referred to the IRB, and instructions on submitting your BOC form. 

Detention

CBSA may detain you (hold you in custody) when you arrive at a Canadian port of entry. This may be because CBSA:

• is not sure who you are
• does not believe you will return later for more questions
• does not believe you can make a refugee claim and wants to remove you from the country
• believes you are dangerous
• knows you have a criminal record

If you are detained, contact a legal representative to find out if you can be released. You may qualify for a free or low-cost lawyer through legal aid. Find out more about detention here.

Understand the process of making a claim inside Canada

You must complete the IRCC Portal and submit the necessary documents online to start your refugee claim.

After you submit your application on the IRCC Portal, you will receive:

• An Acknowledgement of Claim document
• Instructions about how and when to complete your Immigration Medical Exam (IME)

You will be contacted by IRCC to complete an in-person biometrics appointment and your eligibility interview. 

If you are found eligible to make a refugee claim, you will receive:

• A Refugee Protection Claimant Document (RPCD)
• A letter that confirms your refugee claim has been referred to the Immigration and Refugee Board of Canada (IRB)

Biometrics appointment with CBSA at a port of entry

If you make your refugee claim with CBSA at a port of entry, your biometrics will be done right away.

The CBSA officer will take:

• fingerprints of you and your family members (14 years of age or older)
• photographs of all family members (14 years of age or older)
• All passports and travel documents (and other identity documents such as birth certificates and driver’s licenses). CBSA will give you certified copies of any documents they take.

Biometrics appointment with IRCC in-land

If you make your claim through the IRCC portal, IRCC will send you a date for an appointment to take your biometrics. The names of the family members who need to attend the appointment will be on the notice. When you go to your biometrics appointment be sure to take:

• Your passport and travel documents (and other identity documents such as birth certificates and driver’s licenses). IRCC will likely take your original documents. They will give you certified copies at your eligibility interview. 
• Your Acknowledgement of Claim letter.
• Your biometric appointment notice.
• Two passport-size photos for any children under 14 years of age.

Eligibility interview with CBSA at a port of entry

If you make your refugee claim at a port of entry CBSA is responsible for checking your eligibility. Your eligibility interview may happen right away at the port of entry.

Sometimes you may be asked to come back for your eligibility interview on another day. If this happens, CBSA will give you an Acknowledgement of Claim letter. This shows you have started your refugee claim. It is very important to return for your eligibility interview on the date you are asked!

A CBSA officer might also tell you to complete your application on the IRCC Portal from inside Canada. After you submit your application you will receive instructions for attending an eligibility interview with IRCC at a later date.

At your eligibility interview, if the CBSA officer decides you are allowed to make a refugee claim they will give you a:

• Refugee Protection Claimant Document (RPCD). This 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. This form has your Unique Client Identifier (UCI) number on it.
• Confirmation of Referral letter. This shows that CBSA has sent your file to the IRB-RPD for processing. The IRB-RPD will give you a hearing date once they review your file.
• Medical Report form. This tells you about the Immigration Medical Exam (IME) you must have completed within the next 30 days.
• Claimant’s Kit. This has:
  • certified copies of the identity and travel documents that CBSA took from you,
  • a Claimant’s Guide, 
  • copies of the forms you completed (if any),
  • instructions to complete the application forms if you did not fill them out in person, and 
  • information from your interview. CBSA also sends these notes to the IRB-RPD.
• Basis of Claim Form (BOC) (one for each family member). You must fill in and send your BOC Form to the IRB within 45 days. (The form might say 15 days but this is no longer true.) 
• Removal order. This is given to all refugee claimants. It is only enforced if your claim is refused.

Eligibility interview with IRCC in-land

If you make your refugee claim inland, you submit your application forms and BOC through the IRCC Portal. After this, you will receive a date for your eligibility interview from IRCC. 

At the eligibility interview an IRCC officer will:

• Look at your application forms 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.

At your eligibility interview, the IRCC officer may decide you are allowed to make a refugee claim. The officer will then give you a:

• Refugee Protection Claimant Document (RPCD). This 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. This form has your Unique Client Identifier (UCI) number on it.
• Confirmation of Referral letter. This shows that CBSA has sent your file to the IRB-RPD for processing. The IRB-RPD will give you a hearing date once they review your file.
• Claimant’s Kit. This has:
  • the certified copies of the identity and travel documents that IRCC took from you,
  • a Claimant’s Guide, 
  • information from your interview. IRCC also sends these notes to the IRB-RPD.
• Basis of Claim Form (BOC) (one for each family member). You must fill in and send your BOC Form to the IRB within 45 days. (The form might say 15 days but this is no longer true.) 
• Removal order. This is given to all refugee claimants. It is only enforced if your claim is refused.

The IRCC officer will explain the next steps in the claim process. 

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

Who may not be eligible to make a refugee claim

At your eligibility interview, the CBSA or IRCC officer may decide you cannot make a refugee claim in Canada. You may not be eligible if:

• You are a Convention refugee in another country that you can go to.
• You made a refugee claim in the United States, the United Kingdom, Australia, or New Zealand.
• You were already told by Canada that you cannot make a refugee claim.
• You made a refugee claim in Canada that was withdrawn, abandoned, or rejected.
• You have been identified as dangerous or a criminal, or you have broken human rights laws.
• You were already given status in Canada as a protected person.
• You were ordered by Canada to leave the country.
• At a United States-Canada land border, you could not enter because of the Safe Third Country Agreement (STCA).

If you are not eligible to make a refugee claim, you will be given a removal order with instructions to leave Canada. Ask a legal representative if there are other ways for you to stay in Canada.

Understand the Immigration Medical Exam

All refugee claimants must have an Immigration Medical Exam (IME) to ensure that there are no public health or safety concerns about you being in Canada. This medical exam is free. Your medical exam will not affect whether your claim is accepted or not.

Do not delay: you must have this exam before you can get a work permit.

What to take to your medical exam

When you go to your medical exam, take:

• Your Acknowledgement of Claim letter if you have one
• The Medical Report Form
• An identity document, if you have one
• Your eyeglasses or contact lenses, if you wear them
• Any vaccination documents
• Any medical reports or test results about medical conditions (including from the past). You must get these translated into English or French (with a declaration signed by the translator).

Your medical history and exam

You and each family member will have their own medical exam. 

At the medical exam the doctor will ask questions about your medical history. Then the doctor:

• weighs you and measures your height
• checks your hearing and vision
• takes your blood pressure and feels your pulse
• listens to your heart and lungs
• feels your abdomen
• checks how your arms and legs move
• looks at your skin

If the doctor needs to examine your breasts, they will explain how and why. You may also need to have chest x-rays and laboratory tests. You can ask to have someone with you during the exam.

The doctor will send the results to IRCC directly.

Understand the IRCC Portal

If you are already inside Canada when you start your refugee claim, you will submit your refugee claim using a website called the IRCC Portal. You will answer questions and send in your BOC Form and documents through the portal. IRCC uses the information you submit to decide if you are eligible to make a refugee claim. The Immigration and Refugee Board (IRB) will receive a copy of all this information if you are found eligible. 

Prepare your documents

Before you use the portal, these are the important documents to have ready:

• Your complete Basis of Claim (BOC) Form
• your passport or travel document
• Use of a Representative form (if you have a representative)
• Declaration – Authorization for representative to submit refugee claim through the IRCC Portal (if your representative is doing the claim for you)

Create your IRCC Portal account

Once you have your documents ready, you can go to the IRCC Portal to create an account.

How to start

Take the following steps:

1. Create an invitation code to sign up for an account.
2. Sign up for an account on the IRCC Portal.
3. Once you have signed into your account, click “Start an application” and then select “Make a refugee claim”.

You make just one IRCC Portal account for you and your family members. You, your spouse, and children will each have your own profile in the portal. 

Use the IRCC Portal to make your claim

Once your account has been set up, you must begin to answer all the questions on the portal. 

In the portal, you will be asked about:

• your legal representative
• personal information
• contact information
• family 
• travel history
• address history, including places you moved to or hid in
• education, work, and other activities
• security issues
• medical history
• details about your claim

Documents

You need to submit documents through the IRCC Portal. Some documents are required, and others are optional.

You need to send in PDF format:

• Your complete BOC Form
• Your passport or travel document
• Use of a Representative form (if applicable)
• Declaration – Authorization for representative to submit refugee claim through the IRCC Portal (if your representative is sending in the claim for you)

You can also upload other documents for your claim at this time. If you do not have a legal representative, it is a good idea to wait and do this later with your representative. Try to get legal help with your evidence. You have up to ten days before your hearing to send in evidence.

Tips for using the IRCC Portal

• Get a lawyer or other legal representative to help you if you can.
• Your answers must be in English or French. Stay in control of your answers if you have an interpreter. Ask them to read all the questions and answers back to you in your language.
• Do not guess or make up dates. If you do not know the exact day for a Day/Month/Year date, you can put the first day of the month. Write a letter to explain that you did this.
• You can also send a letter to explain if you had trouble using the portal and could not fill in some part of it properly.

Submit your claim

Once you answer all the questions and upload your documents, you can submit your claim. Be careful! After you click “Submit Application,” you cannot change or add information. Do not press “Submit Application” until you have checked that all the information and forms are correct and complete. If possible, have a lawyer or your legal representative look over everything.

Once your claim has been submitted, IRCC will send you an email to say they received it.

After you submit in your claim

After you send in your claim online, IRCC will review it to make sure it is complete. 

If it is complete, IRCC will:

• Send you an Acknowledgement of Claim letter, which will help you get services and programs.
• Send you a Medical Report form and instructions for getting an Immigration Medical Exam (IME).
• Send you a letter about your next appointment.

If your claim is incomplete, IRCC will tell you what is missing.

IRCC may send you letters or notices about your application through your portal account. If this happens, you will get an email from IRCC telling you to check your account. Make sure you check your email regularly, including your spam folder, so you don’t miss anything from IRCC. Sign in to your account to see updates on your claim.

Understand the Basis of Claim Form

The Basis of Claim (BOC) form is the most important document in your refugee claim. In it, you give details about who you are and the reasons why you want protection in Canada.

To decide if you are a Convention Refugee or Person in Need of Protection, a Member of the IRB-RPD:

• reads your BOC Form,
• looks at your evidence, and
• listens to what you say at your hearing.

The Member asks you questions about your BOC Form at your refugee hearing. You may be asked questions about what you included as well as what you did not include in your BOC Form. The information should match what you put on the other forms you completed when you submitted your refugee claim.

If you can, get a lawyer or legal representative to help you prepare the BOC Form and the other documents you send in.

Complete the Basis of Claim Form

To complete your Basis of Claim form you can either fill out the paper form, or fill it out on a computer and then print it out.

When you do your BOC Form: 

• Read the instructions on the BOC Form and in the Claimant’s Guide.
• Write your answers in English or French. If you do not have strong English or French skills, find a good interpreter to help you.
• Make sure you understand each question before answering it. Your answers must be true, correct, and complete.
• Answer all questions on the BOC Form. Do not leave any questions blank.
• Write “N/A” (Not Applicable) if a question does not apply to you.
• If you are not sure about something, say this in your BOC Form.
• If you need more space to answer a question, you can attach a separate piece of paper with more information.
• Make sure the information on the BOC Form matches:
  • what you have said in any immigration interviews,
  • the information you put on other immigration forms, and
  • your narrative or any documents that you attach to your BOC Form.
• Keep a copy of your BOC Form, and every other document or form that you send in.
• You must do a separate BOC Form for each family member applying with you:
  • For children 6 years old or younger: Fill in only the “WHO YOU ARE” section of the BOC Form. A parent or the Designated Representative must sign the form.
  • For children 7 to 17 years old: Fill in all the sections in the BOC Form. A parent or the Designated Representative must sign it.
  • Children 18 years and older must sign their own BOC Form.

Understand the BOC Form narrative

You may choose to write out your story on a separate sheet and attach it to the BOC Form. This is often called your BOC narrative.

Your narrative is your chance to give more details about your refugee claim, including why you left your home country and why you feel you cannot return. You do not have to do one, but it is a good idea.

Start your narrative

Before you begin writing your narrative, look through the questions in the BOC Form. Use these questions to help you plan what you say in your narrative. You should also look through any other forms and applications you gave to the Canadian government or notes from interviews you have had with immigration officers. Your narrative should match what you said or wrote already.

Here are some other tips for writing your narrative:

• Tell the truth. Your narrative must be honest and correct. The IRB-RPD may reject your claim if they do not believe what you have said.
• If anything in your narrative does not match what you already said or wrote, explain why.
• Write about the important issues only. You do not need to repeat the basic facts (about your identity, family, education, jobs, and travel) that you put in your BOC and other forms, unless these details are important to show the risk you face in your country.
• Keep your narrative well organized so it is easy to read for the IRB-RPD Member who decides your claim.
• Remember that you need to explain the danger you would face in the future in your country and why you cannot go back, not only the events that happened in the past.
• Describe how the past events affected the physical and mental health of you and your family.

Address the legal issues in your narrative

When you write your narrative, keep in mind that the IRB-RPD Member is looking for the following information:

• What danger would you face if you go back to your country? Who might hurt you? What threats or bad treatment have you faced? Name the people or the groups. Have other people like you had the same problems? Does everyone in your country face the same danger, or just you and a certain group of people?
• Why do they want to hurt you? Is it because of your
  • race,
  • religion,
  • nationality,
  • political opinion, or
  • because you belong to a certain social group of people? (For example, women or people who identify as LGBTQ+.)
• If you belong to an organization or any group of people in danger, describe the group. If it is helpful, give details about what you did in the group.
• How would the people who want to hurt you find you if you return? Do they have a way to find you no matter where you go in the country? How will they know you are back?
• Did you ask the police or other authorities for help? What happened? If you did not ask, why not? Do you know other people like you who asked for help? What happened?
• Can you live safely in another part of your country? Why not? Do not just say that you do not have friends or family to live with.
• Why did you choose to leave the country when you did? Did you leave right away? If not, why not?
• If you went back after you left, explain why. Did you take steps to protect yourself?
• If you went through another safe country before coming to Canada, explain why you did not make a refugee claim there. If you did make a refugee claim in another country, what happened?
• Are there other reasons why you cannot return to your country? Medical reasons? Is it hard to find housing or jobs?

See Your Claim and the Legal Issues for more information.

Complete your narrative

When you have finished, go over your narrative with your legal representative carefully. Make any changes you need so your narrative is accurate and complete. If you do not have a legal representative, ask someone you trust to read it over for you.

Write your name and UCI number on the top right of each page of your narrative. Once you are happy with your narrative, you must get it translated into English or French. Ask the translator to read it back to you and listen carefully to make sure it is right. The translator will need to do a translator’s declaration.

Attach your narrative to your BOC when you send it to the IRB-RPD. Follow the IRB-RPD instructions for sending evidence.

Submit your BOC Form to the IRB-RPD

Submitting your BOC Form on the IRCC Portal

If you are making your refugee claim on the IRCC Portal, combine your narrative and your BOC Form into one PDF file and upload it onto the portal. Remember, if you do not complete and submit your application within 90 days the portal will erase your information. Make sure you upload your BOC Form and submit your application before this happens.

Submitting your BOC Form directly to the IRB-RPD

If you started your claim with CBSA at a Port of Entry, you have 45 days from the day CBSA gives you the BOC Form to send it to the IRB-RPD. If your deadline falls on a Saturday, Sunday, or holiday, it is due the next workday (Monday–Friday). Do not miss this deadline! If you miss the deadline your refugee claim may be considered abandoned. If you need more time to complete your BOC Form you can ask the IRB-RPD for an extension of time. Be aware, there is no guarantee that an extension will be granted to you.

Your legal representative, if you have one, can use their online portal (MyCase) to send in your BOC.

If you are submitting your BOC Form on your own, follow the instructions below to send your BOC Form to the IRB-RPD office in your region:

After you send in your BOC Form

If you forgot something or made a mistake

There are two ways to make changes:

Make the change on your copy of the BOC Form or narrative and underline it. Then sign your name and date each page where you have made a change.

OR

Write a letter explaining what the changes are, where they are in the document, and why you made these changes. Sign and date your letter.

Send in your changes

Send one copy of each original page and its changed page (and your letter if you have one) to the IRB-RPD at least 10 days before your hearing. Keep copies for your own records. If the Minister’s Counsel will be at your hearing, send them a copy of these changes also.

How to apply for a work permit

Before you receive a work permit, you must first complete your biometrics and your Immigration Medical Exam (IME).

If you are making your refugee claim through the IRCC portal, you are asked if you would like a work permit. If you do, simply select “Yes” to apply. You do not have to pay for the permit while you are waiting for your refugee claim to be decided.

Your work permit will be sent to the mailing address that you entered in the IRCC portal. The timeline to receive your work permit depends on the current processing time.

In some cases, when you start your refugee claim at a Port of Entry and complete paper forms with a CBSA Officer you can request a work permit. 

If you didn’t apply for a work permit when you completed your refugee claim forms, you can apply later with a work permit application form.

Renew your work permit

Work permits are valid for two years. It is important to apply to renew your work permit before it expires. You will need to continue to renew your work permit until you become a permanent resident. 

You should apply to extend your work permit at least 2-3 months before your current work permit expires.

If you have not received your new work permit by the time your old one expires, you can still work. Show your employer evidence that you have applied to renew your application.