CIMM – Asylum – November 25, 2024

Key Facts and Figures

Temporary Resident (TR) Impact on Asylum

• 60% of claimants in 2024 (January-October) were issued Temporary Resident Visas (TRVs) compared to 42% in 2023.
• The vast majority of claims are made within six months of TR approval.
• Currently, there are ~1.3M people in Canada holding study and work permits that are set to expire within the next year.

Protected Persons in Canada (PPIC)

• As of October 2024, the processing times for PPIC applications for permanent residence were 25 months for those residing outside Quebec and 41 months for those in Quebec, with a total inventory of more than 88,000 applications. The targets for the PPIC and dependents of PPIC abroad (DR2) categories for the years 2025, 2026, and 2027 are set at 20,000, 18,000, and 18,000 applications, respectively.

Work Permits (WP) for Asylum Claimants

• As of October 31, 2024, the overall time from the claim date to WP approval is 51 days.
• Following an eligibility decision and completion of the Immigration Medical Examination, the processing time for work permits for asylum claimants is eight days.
• Since the implementation of the temporary public policy on November 16, 2022, to accelerate the issuance of WPs for asylum claimants, more than 255,000 work permits have been approved as of the end of October 2024.
• On average, 2,600 WPs were approved per week over the four weeks preceding October 31, 2024, an increase of 272% compared to the four weeks prior to the launch of the temporary public policy.
• As of October 31, 2024, there are 7,500 asylum claims pending an eligibility decision in which the claimant has requested a work permit while submitting their asylum claim.

Key Messages

TR Impact on Asylum

• Canada’s asylum system is designed to uphold both its domestic legal obligations and its international commitments under the 1951 Refugee Convention and its 1967 Protocol. Every foreign national in Canada has the right to seek protection, irrespective of their mode of entry.
• The asylum volumes in any given year can fluctuate unpredictably and are affected by various factors, including domestic and international pressures.
• There is no cap on the number of asylum claims Canada can accept. Canada has an international obligation to ensure that all individuals submitting claims for protection have their cases heard and receive due process.
• Canada has been seeing an increase in the number of asylum claims it has received for a number of reasons, including global instability and conflict.
• Holding a student visa or any other type of TRV does not prevent an individual from filing a refugee claim.
• As the number of TRVs issued increases, the number of individuals claiming asylum once in Canada has also increased. Measures to address the overall number of TRs in Canada and to improve the integrity of our temporary programs should also support the integrity of the asylum system.
• Recently, the government implemented several measures, including:
  • Implementing visa requirements for Mexican nationals to stem the flow from a top source country for asylum claimants.
  • Implementing the Additional Protocol to the Safe Third Country Agreement with the United States.
  • Reviewing visa decision-making processes to ensure that highly trained officers have the appropriate tools to detect fraud.
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• A person is considered to be a refugee claimant until a decision is rendered by the Immigration and Refugee Board (IRB); this could take approximately 14 months, depending on the complexity of the claim and inventory of claims.
• Upon receiving a positive decision from the IRB, the individual is recognized as a Convention Refugee or Protected Person and is eligible to submit an application for permanent residence.

PPIC

• In Canada, an individual may be recognized as needing protection through a positive decision from the IRB or as a result of a favorable Pre-Removal Risk Assessment (PRRA) decision from Immigration, Refugees and Citizenship Canada (IRCC).
• Unlike temporary residents, protected persons can reside in Canada indefinitely without the need to extend or renew their status, as long as they maintain this designation.
• Once recognized as a protected person, individuals may submit an application for permanent residence. This process is separate and distinct from the initial process to seek protection.
• Permanent resident admissions for the PPIC and dependent abroad category (DR2) are set out in the Multi-Year Immigration Levels Plan.

WPs for Asylum Claimants

• Work permits are processed promptly once the necessary requirements are met, including a determination of eligibility and completion of a medical exam.
• The temporary public policy to provide asylum claimants with timely access to open work permits allows them to enter the labour market sooner while they await a decision on their asylum claim.
• As IRCC explores opportunities to facilitate connections to employment for asylum claimants, partnerships will be critical to ensuring efforts are successful. For example, IRCC is collaborating with Employment and Social Development Canada (ESDC) to encourage claimants to create profiles on the Job Bank platform. Asylum claimants with a Social Insurance Number and an open work permit can create profiles and apply for job opportunities listed on Job Bank.

Supplementary Information

TR Impact on Asylum

• Under the law, anyone claiming asylum in Canada has the right to due process.
• An asylum claimant’s previous status as a temporary worker or student or visitor does not preclude them from having a genuine fear of persecution based on their identity, political or social affiliation and the specific conditions of their country of nationality.

PPIC

• Protected persons are individuals who, after having requested asylum are determined to be a Convention Refugee or a person in need of protection by the IRB. Protected person status may also be granted by IRCC through a positive PRRA decision. Protected persons may apply for permanent residence status, both for themselves and their dependent family members, under this category.
• The Interim Federal Health Program (IFHP) provides basic and supplemental healthcare coverage, as well as prescription drug coverage, to asylum claimants for the full duration of the refugee determination process, from the point of making their claim in Canada until they become eligible for provincial or territorial (PT) health insurance or, in the case of unsuccessful claimants, leave Canada.
• Asylum claimants who have been granted PPIC are eligible for continued IFHP coverage for an additional 90 days from the date their asylum claim or PRRA is approved and they are conferred protected status. As PPICs are eligible for PT insurance in most jurisdictions, this 90-day period serves as a bridge during which time the Protected person is meant to apply for PT insurance and represents the average PT wait-time of three months to receive Medicare. IFHP coverage may be extended beyond 90 days on a case-by-case basis.
• PPICs are eligible for federally funded settlement services. These services aim to improve official language skills to help clients achieve their integration goals and provide them with the information required to make informed decisions, supports required to seek employment, assistance in building networks within communities, and the support services necessary for vulnerable clients to access these services.

WPs for Asylum Claimants

• Asylum claimants can apply for an open work permit, which allows them to work for any employer in Canada, with no limitations on the type of occupation or work location.
• To be issued a WP, asylum claimants must have made an asylum claim in Canada and be eligible to be referred to the IRB, as well as having met a few other conditions such as submitting biometrics and a medical examination.
• On February 22, 2024, ESDC approved changes to the Temporary Foreign Worker Program. These changes included expanding employer recruitment obligations to include asylum seekers before a Labour Market Impact Assessment can be issued. This change will help encourage employers to consider claimants as a potential source of labour in Canada.