Understanding the Emotional Impact
Separation from family members during a refugee claim is one of the most difficult aspects of the process. You may be experiencing strong emotions including grief, guilt, worry about family safety, and anxiety about the future. These feelings are normal and understandable.
Family separation can affect your well-being and your ability to focus on your claim. It is important to acknowledge these feelings and seek support. Many people in similar situations have found it helpful to:
- Connect with other refugees or asylum seekers who understand your situation
- Seek counseling or mental health support
- Maintain hope by exploring reunification options
- Take concrete steps toward reunification when possible
- Practice self-care and build a support network
Staying Connected with Family
Maintaining communication with family overseas helps stay connected emotionally and allows provision of mutual support. However, careful consideration regarding communication methods is necessary:
Safe Communication Methods
Use secure communication methods that do not expose your family to risk. Encrypted messaging apps and email can help ensure privacy. Avoid posting about your location or activities on social media.
What to Discuss
Share information about your life in Canada: your living situation, work, friends, and activities. This helps family feel connected to your experience.
What NOT to Discuss
Be careful about discussing details of your refugee claim, as this information could be misused or put family at risk if intercepted. Do not discuss names of people who helped you escape or locations where underground networks exist.
Regular Contact
Try to maintain regular contact with family. Even brief messages can provide comfort. If long-distance calls are expensive, use free video calling apps like Skype or WhatsApp.
Sponsoring Family Members
A positive decision from the Refugee Protection Division makes a person a protected person; it does not make them a permanent resident. The routes to bringing family to Canada depend on that distinction. Under section 13(1) of the Immigration and Refugee Protection Act (IRPA), only a Canadian citizen or permanent resident may sponsor a foreign national. A protected person who is not yet a permanent resident cannot sponsor, but can include family members in their own permanent residence application.
Including Family in the Permanent Residence Application
Section 176(1) of the Immigration and Refugee Protection Regulations (IRPR) allows a protected person applying to remain in Canada as a permanent resident to include any of their family members in the application, whether they are in Canada or abroad. IRCC's Guide 5205 states that all family members must be listed on the application. Under IRPR s. 176(2), a family member who was included and is outside Canada is issued a permanent resident visa if they apply to an officer outside Canada within one year after the day the applicant becomes a permanent resident, and they are not inadmissible. Processing times change and are published by IRCC.
Family Class Sponsorship After Permanent Residence
Once a person becomes a permanent resident or citizen, IRCC's family sponsorship page describes sponsorship of a spouse, partner or dependent children, and of parents and grandparents. Parent and grandparent sponsorship accepts applications only when IRCC opens an intake, which it announces on that page. Each stream has its own eligibility and undertaking requirements set by the Regulations.
Resettlement from Outside Canada
IRCC's resettlement page states that a person outside Canada cannot apply directly to come to Canada as a refugee; they must be referred by the UN Refugee Agency (UNHCR), a designated referral organization or a private sponsorship group. Family members who are themselves refugees outside their own country may be able to register with UNHCR where they are.
Private Sponsorship
Groups and organizations in Canada can sponsor refugees who are outside Canada through the Private Sponsorship of Refugees Program. This is a referral route for the family member as a refugee in their own right, and it runs on the sponsoring group's eligibility, not on the claimant's status.
Family class sponsorship involves an undertaking to support the sponsored person, and the detailed requirements are set out in the Regulations and on IRCC's site. A lawyer, licensed consultant or settlement agency can explain which route fits a particular family.
Example Family Conversations
This shows language such as what you might say when discussing your situation with family.
Family Member:
"How are you doing? When do you find out about your claim?"
Language such as:
"I am doing okay. I am getting good support here. My hearing is scheduled for next month. I have a lawyer helping me prepare. The process takes time, but I am hopeful about my future. How are things with you? Are you safe?"
Family Member:
"We are worried about you being alone there. When can we see you?"
Language such as:
"I understand you miss me. If my claim is approved, I become a protected person and can apply for permanent residence, and I can include you in that application. After I become a permanent resident you would have one year to apply at a visa office. This will take time, but it is possible. In the meantime, we can talk through video calls as often as possible. I miss you too, but I am safe and have people supporting me."
Family Member:
"What if your claim is rejected? What will you do?"
Language such as:
"If my claim is rejected, my lawyer says there may be an appeal to the Refugee Appeal Division of the IRB, depending on my case, and there are other steps she can explain. She will continue to help me if needed. Let's be positive and focus on preparing the best case we can."
Managing Safety Concerns
Separation from family may be complicated by ongoing safety concerns in your country of origin. You may be worried about family being persecuted, targeted by the same people who harmed you, or facing hardship.
Managing these concerns:
- •Seek mental health support: A counselor can help you process fear and anxiety about family safety
- •Provide what support you can: If possible, send financial support to help family meet basic needs
- •Help family seek safety: Explore whether family can move to a safer location or apply for refugee protection themselves
- •Consult with organizations: Human rights organizations and refugee agencies may have information about family safety or options
- •Check current measures: IRCC sometimes announces special measures for particular countries or situations; a lawyer or settlement agency can check what currently applies
Finding Support
Many organizations provide support for people dealing with family separation and trauma:
- •Mental health services: Access counseling or therapy through settlement agencies or community mental health centers
- •Support groups: Join groups for refugees or asylum seekers where you can share experiences with others
- •Settlement organizations: Settlement agencies provide culturally sensitive support and can help with family-related questions
- •Religious communities: Faith communities often provide emotional and practical support to refugees
- •Family support services: Some organizations specialize in supporting families separated by immigration
Looking Ahead to Reunification
Many refugees eventually reunite with family members in Canada. While waiting for your claim to be approved, you can prepare for this possibility:
- •Document family relationships: Gather documents (birth certificates, marriage certificates) proving relationships. IRCC's Guide 5205 requires every family member to be listed on the permanent residence application, including those abroad
- •Prepare financially: Begin saving money to help support sponsored family members
- •Secure stable housing: Work toward having stable accommodations that can house family members
- •Consult with a lawyer: Once the claim is approved, a lawyer or licensed consultant can advise on the permanent residence application and the one-year window for family abroad
- •Explore options: Different programs have different requirements; understanding which one fits the family situation avoids wasted applications
Reunion is possible, and many families have reunited after separation. The first step is the refugee claim itself; the permanent residence application and any sponsorship come after a positive decision.
Disclaimer: This information is provided for general informational purposes only and does not constitute legal advice. Family sponsorship and separation issues can be complex and vary significantly by individual circumstances. For specific advice about a family situation, a qualified immigration lawyer, licensed consultant or settlement counsellor can help.