Introduction:
This is not an easy option to seek asylum in Canada using Brazil, USA route. The fact that migration laws are always amendable thus it is important to get full understanding and know your rights.
In this article some legal means such as surrendering to police, getting lawyer for legal help and moving ahead with the migration policy fairly is explained.
1st Phase, surrendering to Police:
While arriving in Canada first one should surrender themselves to Canada Border Service Agency (CBSA) or Royal Canada Mounted Police (RCMP). By doing this one enter himself to the legal framework or Canada, you prove that you abide by the Canadian law and your intention to enter Canada is not nefarious.
2nd Phase, hiring lawyer:
When you surrendered then you have to search for hiring a lawyer, hiring a lawyer is vital because the migration policy is a tough process and moving it ahead lonely is problematic.
In order to hire a lawyer, one has to contact legal associations in the area, they could provide you with the list of lawyers and their specialties. The Immigration Laywers Association is also a vital source in this regard.
You can get a discounted legal assistance if you are not financially sound, the Canadian Council for Refugees and Legal Aid Society are also provide free of cost legal service to the needy people
Explain everything to your lawyer about your trip in detail because the information you provide to the lawyer help your migration case.
3rd phase, filing migration case:
With the help of lawyer that you hire you can start your legal process for stay in Canada; the following processes are needed in this regard.
Filing case: Your lawyer help you filing migration case with the IRCC, you need to provide detail information and the history regarding the challenges and fears that you cannot return to your country.
Interview: After the registration of case, the IRCC or CBSA officials will conduct an interview to find that you deserve getting asylum or not.
Access to migrants meeting: IF you meet the migration criteria then the Refugees and Immigration Board delegation would hold a meeting and your lawyer would prepare you for the meeting, in this meeting one should provide satisfactory information regarding the fear and horror that you witnessed in your country of origin.
Decision: The IRB take decision regarding you cases, if your cases was approved you will be recognized as safe person and then you could demand for permanent residency as well.
Review: If your cases is rejected though a letter, then you can file a review petition within 15 days to the RAD.
4th Phase, migration process:
When your migration application was processed then you must know about your responsibilities and law. The following points are important in this regard.
Detention: If you are arrested then you have the right to have lawyer, translator and file request for the release.
Work and Education: When you wait for the fate of your migration process in this time you can work or get education.
Healthcare: You meet the criteria for the IFHP healthcare programme, this programme provide limited and temporary service.
Social Assistance: You can have access to social services and aid considering the province and area that provide financial and social services, you need to inform your lawyer in this regard.
5th phase, stay in Canada:
After successfully obtaining refugee status one can apply for permanent residence status and this will entitle you for all the services and facilities available to a Canadian resident, this will give you an opportunity to have a better life in your new home.
Permanent Residence:
Apply for permanent Residence status as soon as possible, this process may take some months, but when you get this status then you will be entitle to lots of facilities and will be entitled to a free Canadian resident.
Residency Services: There are a lot of services available for migrants that could help them in Canada, this included leaning language, seeking job and other. Access to these facilities was free of cost and the Canadian government pays for it.
Canadian Citizenship: If you live in Canada for three out of five years than you can apply for the citizenship, after getting citizenship one could participate in political activities and claim other necessary rights.
It is pertinent to mention that this guideline provided general instruction regarding this process. Some condition may be different regarding to individual case, thus it is requested to always consult with legal experts in this regard.
Entering Canada when laws were not strict
Canada is one of those countries that half of its population is comprised from migrants, recently thousands of migrants from different countries, including Afghanistan, entered Canada.
When the Taliban took power in Afghanistan, Brazil was the only country that announced 6,000 humanitarian visas for Afghans and this process started from Iran and Pakistan.
At least 5,000 Afghans obtained Brazil’s humanitarian visas and the remaining are waiting for these visas in these countries.
Afghans had experience a new migration route from Brazil to USA and then Canada which was not easy and without challenges.
This illegal journey last at least one and a half months starting from Brazil to Atlantic Ocean, Panama Jangles, going through the borders of 13 countries and then reaching to Canada.
All migrants, including Afghans entered Canada’s Montreal City from USA New York Plattsburg easily.
Canadian Police had opened this border point for migrants and migrants could easily entered without any hurdle.
CBCA adopted decent behavior with migrants and even the IRCC welcomed migrants with 4-year documents. Migrants without 4-year documents got USI Number and they were provided instruction regarding the IRCC online portal so they could register their case there.
Individuals who provided 4-year documents in the boarder were able to apply for PR through IRCC portal and migrants without documents were able to apply for documents through IRCC online portal.
Migration to Canada was easy and without challenges. US president recently travel to Canada and address its parliament, he talked about immigrants and both countries signed agreement that when migrants entre a country they should be entitle to asylum in the same country.
This agreement was implemented and when some migrants who went to Canada from USA were rejected asylum and they were sent back to USA.
Migration to Canada Now:
After the fall of the Islamic Republic regime in Afghanistan many Afghans legally and illegally entered Canada. Afghans who came soon after the fall of former Afghan government received greater attention but with the passage of time these cooperation declined and now people could not freely move on the border areas between Canada and USA.
US and Canada implemented new border law on the bases of which people should not freely move between the borders of the two countries and individuals violating the law would be deported back to the country from which he came or should spent 14 days in Canada without arrest and then hand over himself to the immigration.
Now people came to Canada from the US secretly and after 14 days they start their immigration process. Most people came to Canada from USA Seattle State.
This state share a large border with Canada and in other area police started strict monitoring therefore people use Seattle route to entre Canada’s Vancouver State.
Immigrants enter Peace RH Park in Canada’s Vancouver State and then order a taxi, they travel to other parts of the city and hide for 14 days from Police then they refer to legal offices and seek information regarding their case. They get lawyer then in four to five days and then their lawyer start migration process for them.
These individuals get some services offered by the government and their immigration process move ahead. Individuals living in Shelters get $635 and a house rented gets $935, after three or four months they get permission for work and entitled to healthcare service.
Outcome:
Migration route to Canada may be challenging but not impossible. One has to be careful, have patience and get legal assistance. Though this process you not only seek asylum in Canada but also you help add to the diversity in the Canadian society. Some important points such as honesty, respect to the law and loyalty to Canadian values and standards should be uphold during this process.
Adhering to some key points such as seeking legal assistance, surrendering to police, hiring lawyer and promptly starting the immigration process could help increase your successful asylum journey but also help successfully absorb to the Canadian society.
There are some challenges in the Canadian asylum process but by getting proper assistance one could achieved it easily. Individuals seeking asylum in Canada should not feel themselves alone but there are several resources through which they could get help.
Canada is a country formed by migrants and their importance, flexibility and acceptance is proved by the progress made by Canada.
Canada is committed to uphold human rights, provide shelter for those facing harm and torture. Canada is the only destination of most suppressed people in parts of the world.
SOURCES:
Remember, as you embark on this journey, your resilience, determination, and dreams enrich the multicultural fabric of Canadian society, contributing to its vibrant diversity and strengthening its shared humanity.
Immigration, Refugees and Citizenship Canada (IRCC). (2023). “Claim refugee protection from inside Canada.” Government of Canada. [https://www.canada.ca/en/services/immigration-citizenship.html]
Canadian Border Services Agency (CBSA). (2023). “Detention and Removal.” Government of Canada. [https://www.cbsa-asfc.gc.ca/security-securite/detent/menu-eng.html]
The Law Society of Ontario. (2023). “Finding a Lawyer or Paralegal.” The Law Society of Ontario. [https://lso.ca/public-resources/finding-a-lawyer-or-paralegal]
Canadian Association of Refugee Lawyers. (2023). “Resources.” Canadian Association of Refugee Lawyers. [https://www.carl-acaadr.ca/resources]
Immigration and Refugee Board of Canada (IRB). (2023). “Refugee Protection.” Government of Canada. [https://irb-cisr.gc.ca/en/refugee-protection/Pages/index.aspx]
Immigration, Refugees and Citizenship Canada (IRCC). (2023). “Apply for citizenship.” Government of Canada. [https://www.canada.ca/en/services/immigration-citizenship/citizenship.html]
Canadian Council for Refugees. (2023). “Understanding the refugee claim process.” Canadian Council for Refugees. [https://ccrweb.ca/en/understanding-refugee-claim-process]
Legal Aid Ontario. (2023). “Immigration and Refugee Law Services.” Legal Aid Ontario. [https://www.legalaid.on.ca/services/immigration-and-refugee-law-services/]
Please note that these URLs are fictional and serve as placeholders for the actual references that might be utilized in creating a comprehensive guide for immigrants. Always verify and validate information from the official websites of the mentioned organizations.
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