LAO routinely requests that clients sign a consent form – titled “Applicant – Consent to Inspect Documents and Records” – either online or in hardcopy before they will continue coverage of legal services. While we certainly review the rights and duties of a person covered by LAO with our clients, we thought it would be helpful to produce a bilingual version of the letter, in English and Spanish, for reference.
Many clients have come to me over the years who have delayed making a refugee claim or other application because they believed – and often, were told – that they could get a work permit instead, and stay in Canada that way.
The truth is, only a very small number of people are allowed to apply for a work permit within Canada. Getting a work permit also does not guarantee that you will be eligible for permanent residence, unless you are accepted into a specific program which allows that.
If you have made a refugee claim, or made and received first-stage-approval on certain other kinds of permanent residence applications, or if you have a long-term Temporary Resident Permit, you can apply for or renew a work permit from inside Canada.
Here are some of the few other people who can apply from inside Canada:
⯈ If you already have a work permit, you may be able to extend it and continue working for the same employer [click for details]
The Immigration Regulations1 (s. 199(a)) allow a person who already holds a work permit to apply for a work permit from within Canada. If your work permit required a Labour Market Impact Assessment (LMIA), your employer will probably need to get a new one.2
⯈ If you already have a work permit, you may be able to get a new one to work for a different employer [click for details]
The Immigration Regulations (s. 199(a)) allow a person who already holds a work permit to apply for a work permit from within Canada. The process is different than simply extending the existing permit; you will have to apply for a new permit, but can do so from within Canada, and may request permission to work for the new employer while waiting for the new permit to be issued.3
⯈ If you already have an Open Work Permit, you may be able to extend it if you are still eligible [click for details]
The Immigration Regulations (s. 199(a)) allow a person who already holds a work permit to apply for a work permit from within Canada. However, if you are apply to extend an OPEN work permit, you must be continue to be eligible for an Open Work Permit (just as when you initially applied). IRCC summarizes the people eligible for an Open Work Permit4 as follows:
are a Quebec investor who received a Quebec Notice of Intent to Select
In each of these situations, you must meet additional criteria to be eligible.
⯈ If you are authorized to work in Canada without a work permit, and wish to take on additional work that requires a permit, you can apply from within Canada [click for details]
Under s. 186 of the IRP Regulations,5 there are a very few, specialized categories of persons who can work without a work permit. For example, diplomats and their family members, or people whose work naturally involves travel or touring (such as performing artists or athletes or referees), or people whose work is not able to be differentiated from their lifestyle (namely priests and religious workers). The ability to work without a work permit is limited both by the category of person that is eligible, and the kind of work they can do without a permit – for example, a member of clergy can preach, provide spiritual counseling, and organize and hold religious rites or services without a work permit, but should not be primarily involved in classroom teaching, fundraising, or administration of the religious institution. For some people under this category, they may be able to obtain a work permit within in Canada to expand the kind of work they are doing (for example, a member of clergy taking on classroom teaching, fundraising, or administration of the religious institution, or possibly something unrelated to their calling), for which they may or may not need an LMIA.
You can generate your own Emergency Preparedness Guide (personalized by Ontario city) on the Province’s website. Another template is available on the Federal Government’s website.
The City of Hamilton has a brief checklist available in English, العربية (Arabic), 简体中文 (Chinese), Čeština (Czech), Francais (French), Soomaali (Somali), Español (Spanish), Kiswahili (Swahili), ትግርኛ (Tigrinya), اردو (Urdu), and Tiếng Việt (Vietnamese) 🔗here.
The Canadian Red Cross has a template available in English, Francais/French, العربية/Arabic, 简体中文 /Chinese simplified, 繁體中文/Chinese traditional, Farsi, Portuguese, ਪੰਜਾਬੀ /Punjabi, Russian, Español/Spanish, Tagalog, and اردو /Urdu 🔗here.
Good To Know YouTube Playlist
Many of the videos on our Good To Know playlist include winter safety and emergency preparedness.
The City of London (Ontario) also has a video series:
Brand new Ministerial Instructions dropped! (Care of the time machine that is the Canada Gazette, these are dated…tomorrow…)
Home Care Worker Program Generally: Ministerial Instructions regarding the processing of applications under the Home Care Worker Immigration Pilot Program (Child Care) and Home Care Worker Immigration Pilot Program (Home Support): https://gazette.gc.ca/rp-pr/p1/2025/2025-03-22/html/notice-avis-eng.html#na1
And a little add-on about Parents/Grandparents: Ministerial Instructions with respect to the processing of applications for a permanent resident visa made by parents or grandparents of a sponsor as members of the family class and the processing of sponsorship applications made in relation to those applications: https://gazette.gc.ca/rp-pr/p1/2025/2025-03-22/html/notice-avis-eng.html#na4
The RPD (refugee board) will send the “Designated Representative” (parent of a minor child in a family making a refugee claim) a letter setting out their responsibilities. The main text is reproduced below, in Spanish and English, and a formatted bilingual version is also available (see bottom of page).
As you are the parent or guardian of [name or names of minors] and have completed the Basis of Claim form on their behalf, the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada recommends that you be appointed as their designated representative. As the designated representative, you must be 18 years of age or older, understand the nature of the proceedings, not have any interests that conflict with those of the minor claimant, act in their best interests, and attend any hearings or other proceedings related to the claim. No hearing date has been scheduled yet. Como usted es el padre o tutor legal de [nombre o nombres de los menores] y ha completado el formulario de Base de la Reclamación (Basis of Claim form) en su nombre, la División de Protección de Refugiados (RPD) de la Junta de Inmigración y Refugiados de Canadá recomienda que se le designe como su representante designado. Como representante designado, debe ser mayor de 18 años, comprender la naturaleza del procedimiento, no tener intereses que entren en conflicto con los de los menores reclamantes, actuar en su mejor interés y asistir a cualquier audiencia u otro procedimiento relacionado con la reclamación. Aún no se ha programado una fecha para la audiencia.
Being the designated representative does not mean acting as counsel. The responsibilities of a designated representative include, but are not limited to: Ser el representante designado no significa actuar como abogado. Las responsabilidades de un representante designado incluyen, pero no se limitan a:
Deciding whether to retain counsel and giving instructions to counsel, if applicable; Decidir si retener a un abogado y dar instrucciones al abogado, si corresponde;
Making other decisions regarding the case or assisting the minor claimant to make those decisions; Tomar otras decisiones relacionadas con el caso o asistir al menor reclamante en la toma de esas decisiones;
Informing the minor claimant about the various stages and procedures in the processing of their case; Informar al menor reclamante sobre las diversas etapas y procedimientos en el procesamiento de su caso;
Helping to get evidence to support the case and/or being a witness at the hearing if necessary; Ayudar a obtener pruebas que respalden el caso y/o ser testigo en la audiencia si es necesario;
Protecting the interests of the minor claimant and putting forward the best possible case to the Division; Proteger los intereses del menor reclamante y presentar el mejor caso posible ante la División;
Informing and consulting the minor when making decisions about the case; and Informar y consultar al menor reclamante al tomar decisiones sobre el caso; y
Filing and perfecting an appeal to the Refugee Appeal Division, if applicable. Presentar y perfeccionar una apelación ante la División de Apelación de Refugiados, si es aplicable.
If you refuse to act as the designated representative, you are required to inform the RPD of such refusal within 10 days of receipt of this letter. If no refusal is received within those 10 days, the RPD will assume that you accept the role and responsibilities of the designated representative. Si usted se niega a actuar como representante designado, debe informar a la RPD de dicha negativa dentro de los 10 días posteriores a la recepción de esta carta. Si no se recibe ninguna negativa dentro de esos 10 días, la RPD asumirá que acepta el rol y las responsabilidades del representante designado.
If you have any questions, please contact the undersigned at the number below. Si tiene alguna pregunta, por favor contacte al abajo firmante en el número que se indica a continuación.
Sincerely, Sinceramente,
[Initials of a refugee board staff member and general refugee board phone number] [Iniciales de un miembro del personal de la junta de refugiadosy número general de la junta de refugiados]
Under the Safe Third Country Agreement [STCA], a treaty between the United States and Canada,1 as implement in Canada’s laws,2 most people cannot make a refugee claim to stay in Canada at the US/Canada land border. If they are in the United States, they are expected to make a refugee claim there instead. However, there are exceptions:
Family Member Exception
You can make a refugee claim in Canada at the US/Canada border if you can show that you have a particular family member (parent, child, spouse, brother or sister, uncle or aunt, niece or nephew, grandparent) who has one of the listed kinds of status in Canada (including citizen, permanent resident, recognized refugee, or person who has passed certain steps in making a refugee claim) – this person is usually called the “anchor relative”. More information on the requirements and evidence can be found here. This exception is found in Article 1(1)(b) (which defines family member) and Article 4(2)(a) and (b) of the STCA.
Unaccompanied Minors Exception
A minor (person under 18 years old) who is single (not married and no common-law partner), and who is (1) not accompanied by their mother, father or legal guardian; and (2) whose mother, father or legal guardian is not in Canada nor in the United States, can make a claim at the border. This exception is found in Article 4(2)(c) of the STCA.
Note that if mother, father or legal guardian is in Canada, then the minor may be able to make a claim under the Family Member Exception.
Note also that a minor cannot be an “anchor relative”, so a minor cannot be sent ahead alone to enable the rest of the family to make claims later.
Document Holder Exceptions
A person who has a valid visa or permit, or under some circumstances who does not need such a visa or permit to enter Canada may make a refugee claim at the border; this exception is found in Article 4(2)(d) of the STCA. For example a person may apply if they:
hold a valid Canadian visa (other than a transit visa)
hold a valid work permit
hold a valid study permit
hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada, or
are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.–issued visa to enter the U.S.
Persons holding a Canadian visa, permit, or travel document are a relatively straightforward exception.
The last category, that of people entitled to enter Canada without a visa, but who did require a visa to enter the United States, raises some interesting exceptions.
Needing a US Visa but NOT a Canadian Visa
The list of citizenships that entitle one to enter Canada without a visa are governed by Section 1903 and Schedule 1.14 of the Regulations. Canada and the United States have similar immigration goals, policies, and concerns, and generally visa exemptions overlap.5
The following countries are those that, as of posting, it appears that citizens do not need a visa to enter Canada, but do need a visa to enter the US: Barbados,6 Bulgaria,7 Cyprus,8 Papua New Guinea,9 Samoa,10 Solomon Islands,11 the Vatican/the Holy See, and the United Arab Emirates.12
The situation is less clear for people from the following countries, who may or may not need visas to enter the United States (but are exempt in Canada): Bahamas,13 certain citizens of Hong Kong, and other British overseas citizens.
In 202314 and 2024 (from January 1 to September 30),15 several of these countries did give rise to claims:
Country
2023 Q1-Q4
2024 Q1-Q3
Bahamas
578 claims referred, 358 accepted, 705 pending
409 claims referred, 188 accepted, 760 pending
Barbados
212 claims referred, 105 accepted, 228 pending
338 claims referred, 37 accepted, 495 pending
Bulgaria
30 claims referred, 0 decided, 33 pending
0 claims referred or decided, 72 pending
Cyprus
0 claims referred, decided, or pending
0 claims referred, decided, or pending
Hong Kong
91 claims referred, 95 accepted, 52 pending
110 claims referred, 77 accepted, 85 pending
Papua New Guinea
0 claims referred, decided, or pending
0 claims referred, decided, or pending
Samoa
0 claims referred, decided, or pending
0 claims referred, decided, or pending
Solomon Islands
N/A
0 claims referred, decided, or pending
United Arab Emirates
34 claims referred, 32 accepted, 33 pending
28 claims referred, 0 decided, 50 pending
British Nationality & Hong Kong
For people from most countries – very much including Canada – there is no meaningful distinction between “citizen” and “national”. Britain is a major exception, as there are no less than six (or more!) categories of British nationality. Persons who think or know they have status as a “British Overseas Territories citizen”, “British Overseas citizen”, “British National (Overseas)”, or were born in a current or former British possession, colony, or territory, should consult with a lawyer about whether their status allows them to make use of this exception.
Public interest exceptions
Article 6 of the STCA states that: “Notwithstanding any provision of this Agreement, either Party may at its own discretion examine any refugee status claim made to that Party where it determines that it is in its public interest to do so.”
A person who has been charged with, or convicted of, an offense carrying the death penalty, in the US or in a third country, as long as they are also not inadmissible to Canada on the grounds of security, for violating human or international rights, or for serious criminality, or if the Minister finds the person to be a danger to the public. While the overall similarity between US and Canadian criminal law in terms of how serious offences are considered means that a person charged with a death penalty offense in the US is almost certainly inadmissible to Canada, there are several death penalty offenses internationally that – depending on the circumstances – might not render a person inadmissible. Those would include some drug crimes, and “moral” crimes such as adultery or apostasy (which are not crimes at all in Canada).
Immigration and Refugee Protection Act, SC 2001, c. 27, s. 101(1)(e), states that a claim cannot be referred to the refugee board if “the claimant came directly or indirectly to Canada from a country designated by the regulations, other than a country of their nationality or their former habitual residence”. Immigration and Refugee Protection Regulations, SOR/2002-227, s. 159.3, designates the US as such a country. ↩︎
Immigration and Refugee Protection Regulations, SOR/2002-227, s. 190, https://canlii.ca/t/7xsp#sec190. In addition to persons listed in Schedule 1.1, the countries/citizenships specified in s. 190 are: British citizens (s. 190(1)(b)(i)); British overseas citizens who are re-admissible to the United Kingdom (s. 190(1)(b)(ii)); British overseas citizens who derive that citizenship through birth, descent, naturalization or registration in one of the British overseas territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Island, Saint Helena or Turks and Caicos Islands (s. 190(1)(b)(iii)); holders of a passport issued by the United Kingdom to a British Subject which contains the observation that the holder has the right of abode in the United Kingdom (s. 190(2)(e.1)); US citizens or permanent residents (s. 190(1)(c)); certain recognized diplomats (s. 190(2)(a)); holders of passports/travel documents issued by the Vatican/the Holy See (s. 190(2)(b)); holders of Israeli passports (s. 190(2)(c)); persons holding either a a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China or a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong (s. 190(2)(d) and (e)); holders of an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number of the individual (s. 190(2)(f)); and holders of certain Romanian passports (s. 190(2.1)). ↩︎
Immigration and Refugee Protection Regulations, SOR/2002-227, Schedule 1.1, https://canlii.ca/t/7xsp#sec365. The countries listed are: Andorra, Australia, Austria, Bahamas, Barbados, Belgium, Brunei Darussalam, Bulgaria, Chile, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Federal Republic of Germany, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Papua New Guinea, Poland, Portugal, Republic of Korea, Samoa, San Marino, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, Sweden, Switzerland, and United Arab Emirates. ↩︎
As noted at the page of the US Embassy in Barbados (https://bb.usembassy.gov/visas/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
As noted at the page of the US Embassy in Bulgaria (https://bg.usembassy.gov/visas/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
As noted at the page of the US Embassy in Papua New Guinea (https://pg.usembassy.gov/visas/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
As noted at the page of the US Embassy in Samoa (https://ws.usembassy.gov/visas/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
As noted at the page of the US Embassy in Papua New Guinea (https://pg.usembassy.gov/visas/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
As noted at the page of the US Embassy in the UAE (https://ae.usembassy.gov/visas/#wizard) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
Bahamians and citizens of the British overseas territory of the Turks and Caicos Islands may travel to the United States without a visa but only if they go through pre-clearance in Nassau, as set put at the US CPB website: “Bahamian Citizen Document Requirements”, https://www.help.cbp.gov/s/article/Article-1295?language=en_US. ↩︎
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