Refugee Status and Refugee Status Documents

Blended Visa Office-Referred (BVOR) Program

Visa Office Referrals (VOR)

What are VORs?

Visa Office Referrals (VORs) refers to refugees who have been identified by the Canadian Visa Officers overseas for resettlement to Canada. Their cases have not been initiated by private sponsors in Canada, but are referred by Officers from abroad. Refugees, who are referred as VORs, have been interviewed by the Canadian visa officers, have met eligibility and admissibility requirements and are ready for travel. Private sponsors in Canada are advised about the resettlement needs of the refugees and are encouraged to sponsor them. Since VORs are generally ready for travel to Canada when they are introduced to private sponsors, they arrive in Canada within a short period of time once private sponsors have committed to supporting them.

What is the difference to the GAR program?

Government Assisted Refugees (GARs) are also identified by the Canadian visa offices abroad as in need of resettlement. They have met eligibility and admissibility requirements but are resettled to Canada through the assistance of the Canadian government. Once in Canada, they are supported through government funding and settlement support through the Resettlement Assistance Program (RAP) for 12 months. Private sponsoring groups are not involved in the settlement of refugees under the GAR program.

VOR versus JAS

Joint Assistance Sponsorship (JAS) is a joint resettlement effort whereby private sponsoring groups in Canada partner with the Canadian government to resettle refugees. Refugees sponsored under JAS usually require more assistance and financial resources due to their medical state or other conditions that make them more vulnerable.

JAS cases are identified and assessed by the Canadian visa offices abroad. Once it is established that they meet eligibility and admissibility requirements, private sponsors in Canada are advised about resettlement needs of these refugees and are encouraged to sponsor them. Under JAS, private sponsors commit to providing them full settlement support and assistance for up to 24 months, while the Canadian government provides the financial assistance through the Resettlement Assistance Program (RAP).

All About Submitting Forms

In order to sponsor a refugee or refugee family, the Canadian sponsor must complete and submit paperwork, which allows both the Resettlement Operations Centre in Ottawa (ROC-O) and the Canadian Visa Post overseas to process the case. The main application forms are the same for Sponsorship Agreement Holders (SAHs), Community Sponsors (CS) and Groups of Five (G5) however some forms are different depending on the type of sponsoring group, the type of sponsorship, and the refugee applicant’s country of origin and country of asylum.

Application Forms

Undertaking/Application to Sponsor IMM 5373

Sponsor Assessment IMM 5492

Application for Convention Refugees Abroad and Humanitarian-Protected Persons Abroad (IMM 6000):

• General Application Form Additional Dependants/Declaration, if needed
• Schedule A Background/Declaration
• Schedule 2 Refugees Outside Canada
• Any supplementary forms

Settlement Plan
SAH/CG – IMM 5440
G5 – IMM 5373A
CS – IMM 5515

Financial Profile
G5 only – IMM 5373B

Document Checklist IMM 5437

Optional:

• Use of a Representative
• Refugee Profile Request

Sponsorship Cost Table

Immigration, Refugees and Citizenship Canada (IRCC) has developed a Sponsorship Cost Table to provide sponsoring groups with an estimate of the financial resources required to support a refugee family for twelve months. Recognizing varying levels of cost of living in different regions across Canada, this table serves as a financial guideline and is roughly based on the rates of social assistance.

Sponsorship Cost Table

The following Sponsorship Cost Tables are taken from IRCC’s Financial Guideline as provided in the Refugee Sponsorship Application Kit. The cost table was updated on May 1^st, 2018.

Start-up Costs

Start-up costs include a one-time payment for:

• household items
• furniture
• linens
• food staples
• (winter) clothing
• deposit for utilities
• phone installation
• first month’s rent

Income Support

Please note that these figures are estimates and represent a guideline for the minimum amount of funds required. The costs of housing, food, and transportation can vary according to the age of dependants and locality.

In-kind Deduction Table

In-kind donations may also reduce the financial resources required. The following table below was provided by IRCC as an estimate of the value of a variety of in-kind donations according to family size. These approximate figures are based on annual costs, and may change over time.

The financial resources that a refugee family brings with them to Canada can reduce the amount of financial support that a sponsoring group must provide. However, please note that a contingency plan is still needed.

Resettlement Assistance Program (RAP) Rates

The RAP rates are the minimum level of financial support that sponsors must provide when the refugee(s) arrive in Canada. Click here for more information about the RAP rates.

Case Assessment Chart

Q1: Is the person outside of his/her country of origin and outside of Canada?

YES. Go to Q2

NO. Applicant will not qualify for refugee sponsorship. Refer to other immigration streams, if applicable.

Q2: Does the applicant qualify as a member of the Convention Refugee Abroad Class? Does the applicant have a well-founded fear of persecution on one of the Convention grounds?

YES. Go to Q3

NO. Go to Q4

Q3: To which Convention ground does the persecution of the applicant relate to: race, religion, political opinion, membership in a social group?

Identify which ground and the agent of persecution and continue to Q5

Q4: Does the applicant qualify as a member of Country of Asylum Class?

YES. Go to Q5

NO. Applicant will not qualify for refugee sponsorship. Refer to other immigration streams, if applicable.

Q5: Is the applicant’s story credible? Is it supported by country condition information? Was the applicant persecuted, i.e.: arrested, tortured, etc. before? Are there any similar, reported cases? Has there been persecution of a person in a similar condition to the applicant? Is the applicant’s story plausible and believable?

Yes. Go to Q6

NO. Applicant will not qualify for refugee sponsorship. Refer to other immigration streams, if applicable.

Q6: Does the applicant have refugee status as recognized by the UNHCR or the state of the country of asylum?

YES. The applicant can be sponsored under any of the 3 types of sponsoring groups in Canada. Continue to Q7.

NO. The applicant cannot be sponsored by a Group of Five or Community Sponsor. If you are a SAH or CG, continue to Q7.

Q7: Does the applicant have any other durable solution? Could the applicant voluntarily return to his or her home country? Can the applicant integrate locally in the country of asylum? Has the applicant received any offer of resettlement to another country?

If YES, to any of the above, applicant will not qualify for refugee sponsorship. Refer to other immigration streams, if applicable.

NO. Go to Q8

Q8: Does the sponsoring group have the necessary material and financial resources?

Yes. Go to Q9

No. Collect or set up a plan to collect the necessary material and financial resources before starting The process.

Q9: Does the sponsoring group have enough human resources to carry out the sponsorship duties? Do they have at least five committed individuals?

Yes. Go to Q10

No. Sponsorship is group commitment, and at the outset it is necessary that there enough people who will participate in the actual settlement of the newcomer(s).

Q10: Has the group drawn up a settlement plan and allocated the sponsorship responsibilities among the group members? Sponsorship is a group commitment; members should fairly share the responsibilities.

Yes. Prepare to submit the application

No. Review the settlement plan.

Interview Preparation

Preparing refugee sponsorship applicants for an interview

The interview is an important part of the refugee sponsorship application process. Applicants are invited to an interview at a Visa Office abroad via email or by phone. The purpose of the interview is to establish whether the applicant is eligible and admissible for resettlement to Canada under the Private Sponsorship of Refugees (PSR) Program and whether resettlement to Canada is the best solution to the applicant’s situation.

Since the decision of the Visa Officer depends significantly on the outcome of the interview, this document will offer some recommendations on how to prepare for an interview and what to do during and after the interview.¹ Please note that this document does not represent legal advice; however, it may serve as a guideline to help you better prepare for your interview.

Before the interview

Carefully review copies of all application forms and supporting documents that were submitted to the IRCC with respect to your application. If you do not have the copies of the application package, please let your sponsors know immediately so that they may help you obtain the copies. When reviewing the application forms and supporting documents, please pay attention to the following:

• Is the family composition indicated in the forms still the same? If there are any changes infamily composition (e.g. marriages, newborn or adopted children, or deaths) that are notreflected in the application forms, please inform the Visa Office and your sponsors immediatelyso that the forms can be updated.
• In the application forms ALL your family members (i.e. your spouse/common law partner, youor your spouse/common law partner’s children under the age of 22 and any children under the age of 22 of you or your spouse/common law partner’s dependent children) should be mentioned, including those who are missing, whose whereabouts are not known or who are presumed to be dead. If you notice that some of your family members (both accompanying and non-accompanying) are not included on the forms, namely on the Generic Application Form for Canada and the Sponsorship Undertaking and Settlement Plan, please inform your sponsors and the Visa Office immediately so that the forms can be updated.
• Make sure that the contact information (phone number and email address) on the forms is correct and up-to-date, as this is the information the Visa Office will use to communicate withyou and invite you for an interview. Also ensure that other information on the forms, such as your personal history, list of addresses and refugee story, is also correct and up-to-date. If you find any mistakes in the application forms, please notify your sponsors and the Visa Office immediately so that the forms can be updated.
• Make sure that you have provided all available supporting documents that are relevant to your case.

Know your refugee story

Keep in mind that one of the most common reasons for rejection is inconsistency that occurs when facts given at the interview are different from the information provided in the application forms. As a result, carefully read your personal refugee story that is on the Schedule 2: Refugees Outside Canada form that was submitted to IRCC as part of your application package. While reviewing your story, please pay attention to the following:

• Make sure that all events that happened to you (and your family) are true and accurate;
• Remember your refugee story well. We recommend you make a list of important details regarding the time, date and location of the events that happened to your family and persons or organizations associated with your situation and story, as you may forget these details during the interview.
• Practice the interview in advance with someone you trust. The person can ask you questions about your life in your home country and the reasons why you had to flee.
• If you notice mistakes in your personal refugee story or you believe that some of the relevant events, incidents or dates are missing, please inform the Visa Office and your sponsor about this prior to the interview;
• If you would like to add information about some relevant events that happened to you or the members of your family, which are not already mentioned in your personal story, please inform the Visa Office and your sponsors in writing immediately.

During the interview

The Visa Office will inform you of the date, time, and place of your interview. Do not miss your interview date.

• You should arrive at the specified location on the day and time given to you. You should not be late. Try to arrive prior to the interview time.
• You will be interviewed by a Canadian Visa Officer. If you have requested an interpreter, the interpreter will also be in the room with you and the Visa Officer.
• The Visa Officer will ask you about the nature and causes of your personal refugee story and the current situation in your home country and the country you are currently in, e.g., why you had to leave your home country, why you cannot go back and why you cannot stay where you are.
• In addition, you may also be asked about your education, work experience, family life, French and English skills, knowledge of Canada and motivation to settle there.

How to conduct yourself during the interview

• Do not be afraid of the Visa Officer who will conduct the interview. Ask questions at the start of the interview about the purpose of the interview, the role of the Visa Officer and the interpreter (if applicable) and the format of the interview.
• You should trust the Visa Officer and give complete and truthful answers to their questions. Answer all questions to the best of your knowledge and ability and give answers that are clear and straight to the point.
• If you did not understand the question, do not be shy. Ask the Visa Officer to repeat or rephrase this question for you.
• Do not exaggerate your story. You should only tell the truth, even if it sounds too simple. Remember that providing false, fabricated or embellished information may result in your application being rejected.
• Do not hide information from the Visa Officer.
• Do not assume that the Visa Officer knows something that is obvious to you; you should tell everything what you expect the Visa Officer to know. Especially when it comes to certain traditions and cultural peculiarities that are relevant to your personal refugee story. You should carefully explain everything that you want the Visa Officer to know.
• If you have family members who are also part of the application, make sure you also talk about any risks of danger that they would face if returned to their home country. This also includes risks to your spouse/common law partner and children.
• If you have submitted documents previously, you can remind the Visa Officer of the documents and point out how they support your story.
• Make sure to tell the Visa Officer if there has been any changes in your family composition. If you recently got married or had a child, let the Visa Officer know. If you do not declare your new family members, they may never be allowed to join you in Canada later on.
• If you are nervous, upset or need a break to compose yourself, do not be shy or afraid to ask the Visa Officer for a break.
• Do not leave the interview without saying everything that you wanted to tell the Visa Officer. If you do not fully state during the interview all the dangers that you faced or may face if you return home, then the Visa Officer may not consider these dangers when making the decision.

Working with an interpreter

If you do not speak French or English, interpreters can assist you during the interview. If you have to use the help of an interpreter during the interview:

• Make sure that you understand the interpreter and the interpreter can understand you;
• Answer all questions clearly and break each answer into short parts, so the interpreter is able to translate every word you say. Remember: interpreters are not allowed to summarize your answer or omit any parts of your answer, they must interpret your answer fully and accurately.
• Do not be afraid to speak truthfully in front of the interpreter, regardless of their religious, cultural, or ethnic background. The role of the interpreter is to help you and the Visa Officer understand each other. The interpreter cannot influence the decision of the Visa Officer.
• If you think that the interpreter made a mistake or omitted some of the information, you should inform the Visa Officer immediately. Do not be afraid to interrupt, if you need to correct a mistake made by the interpreter.
• If the interpreter misquotes you or misunderstands what you have said to them, do not be shy or afraid to correct them.
• Do not wait until the end of the interview to tell the Visa Officer that you think the interpreter made mistakes or that they misunderstood what you said.
• If you are convinced that the interpreter provided to you is not doing a good job, please inform the Visa Officer immediately. For example, if the interpreter does not speak exactly the same language or dialect as you, and that causes misunderstanding, you should politely inform the Visa Officer and ask for another interpreter immediately.
• If you do not feel comfortable about sharing the details of your personal refugee story with the interpreter due to their gender, e.g. you are female and the interpreter is male (or vice-versa), you should politely inform the Visa Officer and ask for an interpreter that is the same gender as you.

After the Interview

A Visa Officer may make the decision and share it with you at the end of the interview. However, in most cases, a Visa Officer may need more time to make the decision.

If after the interview you obtain any new documents, please immediately submit them to the Visa Office and your sponsors.

If you think that something went wrong during the interview, for example you forgot to mention some important facts, please inform the Visa Office and your sponsors in writing immediately. It is also recommended that right after the interview you prepare a summary of your interview starting with the point you entered the building, a list of questions that you were asked and the answers that you gave.

All About Refusals

Procedural Fairness

Before making a final decision, the applicant should be made aware of the Visa Officer’s concerns and provided with a reasonable opportunity to address those concerns (i.e., the right to be heard).

Procedural fairness can occur during the interview, where the Officer verbally provides the applicant with an opportunity to respond, or in writing via a Procedural Fairness Letter that is typically sent to the applicant via email. Generally, the applicant is given 30 days to respond to a Procedural Fairness Letter. If you do not think you are in a position to fully respond, or need more time to address certain concerns, applicants are encouraged to request more time. There is no requirement for IRCC or Visa Officers to send a Procedural Fairness Letter in all cases.

Applicants must respond to any procedural fairness requests made during the interview or in writing via a Procedural Fairness Letter as the onus is on the applicant to address the Officer’s concerns.

Further information on procedural fairness is available at: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/procedural-fairness.html

Refusal Letters

If a refugee sponsorship application has been refused and you want to better understand the reasons for refusal, the first step is to review the refusal letter. Copies of the refusal letter are often sent to both the sponsor and the applicant. You may wish to ask the applicant to describe any concerns the Officer expressed at the interview. Familiarizing yourself with the eligibility and admissibility requirements for refugee sponsorship applications may help you understand how the Officer came to their decision.

Further information about the process IRCC will follow when refusing a refugee sponsorship application can be found here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/final-decision/refuse.html

Requesting GCMS Notes

Under the Access to Information Act, a Canadian citizen, permanent resident or a person inside Canada can request a complete copy of the IRCC file, including the GCMS notes. The GCMS notes may contain information on why the application was refused, including the Officer’s assessment and the reasons for refusal.

The sponsor can submit a request on behalf of the refugee so long as the appropriate forms have been completed. Use the online Access to Information and Personal Information Online Request form to request the IRCC file which includes the reasons for refusal for your immigration/citizenship application.

Please note that to release any personal information from the applicant’s file to you, IRCC needs to receive the applicant’s signed consent in writing (see Getting Permission). This may already be on file or may be scanned and attached to your email inquiry.

Getting Permission

Please note that to release any personal information from the applicant’s file to the sponsor, the IRCC needs to receive the applicant’s signed consent in writing. The refugee applicant and all their family members over 18 must have signed the IMM5476 Use of Representative form and the IMM5475 Authority to Release Personal Information to a Designated Individual form.

The Privacy Act requires that the applicant provide consent for the release of case-specific information. This is also true if you wish to make a request for the Global Case Management System (GCMS) notes under the Access to Information Act. Answers to frequently asked questions about making requests under these acts are available on the IRCC website at: https://atip-aiprp.apps.gc.ca/atip/faq.do?caller=/atip/faq.do

Requesting Reconsideration

Although it is possible to apply for judicial review (see Judicial Review) for all refused applications, this is a costly process and best used when there is a strong likelihood of the judicial review being successful. It is recommended to consult with a lawyer before pursuing a judicial review.

If an application is refused, you can request a reconsideration of the decision via email by responding to the refusal and explaining why a reconsideration is being requested. An officer will consider the request and decide whether to exercise their discretion to reconsider the previous decision.

Reconsideration is relevant when the applicant believes an error or oversight was made in the adjudication of the case. It is not an opportunity to present new information or evidence after the decision was made.

Judicial Review

There is no appeal mechanism for refugee sponsorship applications that are refused. Instead, there is the possibility of a judicial review. Generally, judicial reviews must be filed within 60 days if the decision was made overseas. Judicial reviews are heard at the Federal Court.

Judicial review is a two-stage process. In the first stage, which is known as the “leave stage”, the Court reviews the documents and legal arguments related to your case. You must show the Court that an error was made in the decision or that the decision was not fair or reasonable. If leave is given, this means the Court has agreed to examine the decision in greater depth. At this second stage, called “judicial review,” an oral hearing is held before the Court.

If a judicial review is successful, the Court cannot substitute its decision for that of the decision maker. Rather, the Court examines the process that led to the decision and determines if this process was fair and the decision was reasonable. If the Court determines that it was not, the Court will only quash the decision in question and order a redetermination.

Tips to Avoid Negative Decisions

Although applying for judicial review is possible, sponsors must focus on proactive work, such as thorough case assessments, to avoid negative decisions.

It is important that sponsors ensure the refugee sponsorship application is well prepared before submitting it to IRCC. Ensure the applicant’s narrative is clear and consistent with sufficient detail. In addition, ensure the applicant satisfies either the Convention Refugee Abroad or Country of Asylum Class definitions. Applicants must review their narrative before the application is submitted to ensure it is an accurate reflection of the experiences and so they know and understand what is in their application.

Sponsors should ensure that a case is well-documented when it is submitted. That includes identity and corroborating documents such as police or medical reports, employment letters, etc, as well as objective reports on country conditions from organizations such as Amnesty International, Human Rights Watch, the US Department of State, the UNHCR, and major media outlets. Remember: documents can be filed up until the point a decision is made. Even after the interview if a sponsor learns that issues came up during the interview that led them to believe that there needs to be clarification, supporting documents can still be submitted to the Visa Office, so long as a final decision has not yet been made. Any information received up until that point should be taken into consideration. If this type of situation arises, it is important to notify the Visa Office immediately in writing that you will be sending further evidence and request that no decision be rendered until that new evidence has been received.

Interview preparation is very important, when possible. Talk to the refugee before they go into the interview. It is important for the refugee to understand what is going to happen and the purpose of the interview. Review the key facts the refugee needs to convey to the Visa Officer. Emphasize the importance of focusing on what they know, admitting what they do not know and never falsifying or exaggerating information. Also emphasize that if they have ANY concerns about the interpreter or the quality of the interpretation, they should raise it with the Officer immediately during the interview. Resources on how to prepare for an interview are available here.

Post-interview debriefs are very useful should the case be refused. Having the refugee(s) recount what happened at the interview, what was asked, what they answered, whether there were problems with the interpreter, whether the Visa Officer appeared to be listening or distracted, etc., provides a record that can be used to rebut any differing report of the interview.

Have Further Questions?

Please contact your nearest RSTP Trainer if you would like further information or call the RSTP Helpline (toll-free) at 1-877-290-1701.

FAQ on 2017 Amendment to Age of Dependent Children

Cultural Awareness

Culture can be seen as a collection of customs, beliefs, values and institutions that create a general identity and ways of behaving for a given people. Culture provides a history that describes who we are and, for each person, it reflects his or her own unique form of identity. Our behaviours and interactions with others are generally seen as forms of expressing culture. Cultural generalizations can be helpful in that they enable us to make predictions about people and situations and cope with every day decision making in our lives. However, they should not tempt us to have a stereotype and inhibit our ability of gazing at objects individually.

Values, Bias and Prejudice

Values are the core of one’s beliefs and are manifested in all behaviours. Everyone has biases and prejudices based on their values.

Bias is a tendency to affiliate with one side, showing a preference or choice.

Prejudice is a preconceived opinion, thought or feeling which is held on to despite the availability of contrary information, experience or without any valid proof or supporting evidence.

Discrimination and Stereotypes

When our prejudices are “acted out”, resulting in some form of negative treatment of disliked groups and their members or preferential treatment for one’s own reference group, discrimination occurs.

Discrimination, unlike prejudice, is more than an attitude or feeling. It is action and intimately connected to power.

Stereotypes are preconceived notions about groups of people. They often include strong tendencies to overgeneralize about individuals solely on the basis of their membership in particular racial, ethnic, or religious groups, and an unwillingness to consider new information which might lead to alterations or revisions in one’s opinions.

Cultural Stereotypes

Cultural stereotyping causes us to overlook individual characteristics which do not match our preconceived ideas. We must be ready to revise and change these generalizations when dealing with individuals from a particular cultural group, as we gain more information about them.

Keeping standardized pictures of people from other cultures will lead us to over-simplified opinions, attitudes or judgements. The pictures may be based upon real cultural differences. However, many individuals from these cultures may not fit these standard generalizations. Making assumptions can interfere with communications and prevent us from knowing the real person who is unique as a human being.