Canada-US Safe Third Country Agreement Family Member Exception Holding Work Permit

[mafghan]

Hi,

As per Canada-US Safe Third Country Agreement under Family Member Exceptions, it is stated that:

Refugee claimants may qualify under this category of exceptions if they have a family member who:

• holds a valid Canadian work permit

My question: Is a family member in Canada who is a refugee claimant (has Acknowledgement of Claim document and does not have Brown Paper) but he has been recently issued a Canadian Work permit, does he qualify under family category exception (on the basis of holding a Canadian Work permit).

Why Am I Confused: In the past, Work permits were generally issued after eligibility interview. However, recently Refugee Claimants has received work permits prior to their eligibility interviews. I am wondering if the rule of "holds a valid Canadian work permit" ONLY applies to Economic Immigrants (not refugees) holding Work permits

Any thoughts or experience?

 

[scylla]

Hi,

As per Canada-US Safe Third Country Agreement under Family Member Exceptions, it is stated that:

Refugee claimants may qualify under this category of exceptions if they have a family member who:

• holds a valid Canadian work permit

My question: Is a family member in Canada who is a refugee claimant (has Acknowledgement of Claim document and does not have Brown Paper) but he has been recently issued a Canadian Work permit, does he qualify under family category exception (on the basis of holding a Canadian Work permit).

Why Am I Confused: In the past, Work permits were generally issued after eligibility interview. However, recently Refugee Claimants has received work permits prior to their eligibility interviews. I am wondering if the rule of "holds a valid Canadian work permit" ONLY applies to Economic Immigrants (not refugees) holding Work permits

Any thoughts or experience?

In my opinion a person in this situation can only qualify as a family member if they ALSO meet one of the following criteria:

• is a protected person under Canadian immigration legislation
• has made a claim for refugee status in Canada that has been accepted by the Immigration and Refugee Board of Canada (IRB)

I think the "holds a valid Canadian work permit" clause only applies to situation where the family member is in Canada on a work permit obtained through a process other than a refugee claim.

But this is just my opinion. Definitely clarify with an immigration lawyer before the family members tries to claim asylum at the POE.

 

[Simba112]

Hi,

As per Canada-US Safe Third Country Agreement under Family Member Exceptions, it is stated that:

Refugee claimants may qualify under this category of exceptions if they have a family member who:

• holds a valid Canadian work permit

My question: Is a family member in Canada who is a refugee claimant (has Acknowledgement of Claim document and does not have Brown Paper) but he has been recently issued a Canadian Work permit, does he qualify under family category exception (on the basis of holding a Canadian Work permit).

Why Am I Confused: In the past, Work permits were generally issued after eligibility interview. However, recently Refugee Claimants has received work permits prior to their eligibility interviews. I am wondering if the rule of "holds a valid Canadian work permit" ONLY applies to Economic Immigrants (not refugees) holding Work permits

Any thoughts or experience?

Work permit issued to Refugee Claimant does not confer temporary status. However there is additional exceptions if claim has been accepted by IRB and family member is protected person. Work permit applies only to economic programs

 

[mafghan]

Work permit issued to Refugee Claimant does not confer temporary status. However there is additional exceptions if claim has been accepted by IRB and family member is protected person. Work permit applies only to economic programs

A document from IRCC has been received by email which states that , “Your application to remain in Canada as a temporary resident has been approved. A secure document has been mailed to you at the address that you provided when you made your application

Type: Permit - WP-EXT / Permis - PT-POR 2025

A few days later, original work permit was received by mail

Back to the original question: Does he qualify for family exception based on:Approved temporary resident status and holding a valid work permit

 

[scylla]

A document from IRCC has been received by email which states that , “Your application to remain in Canada as a temporary resident has been approved. A secure document has been mailed to you at the address that you provided when you made your application

Type: Permit - WP-EXT / Permis - PT-POR 2025

A few days later, original work permit was received by mail

Back to the original question: Does he qualify for family exception based on:Approved temporary resident status and holding a valid work permit

My vote is still no. Get a consult with a good immigration lawyer. This is not something you want to roll the dice on at the border. You need to know the answer definitively.

Regardless of what the letter said, the work permit does not confer status in refugee cases.

 

[Simba112]

A document from IRCC has been received by email which states that , “Your application to remain in Canada as a temporary resident has been approved. A secure document has been mailed to you at the address that you provided when you made your application

Type: Permit - WP-EXT / Permis - PT-POR 2025

A few days later, original work permit was received by mail

Back to the original question: Does he qualify for family exception based on:Approved temporary resident status and holding a valid work permit

That is the standard and automated letter template from gcms for all work permit/extension but the actual work permit does not confer status to refugee claimant prior to IRB final determination. So the answer remains NO. You may consult immigration lawyer.

 

[mafghan]

My vote is still no. Get a consult with a good immigration lawyer. This is not something you want to roll the dice on at the border. You need to know the answer definitively.

Regardless of what the letter said, the work permit does not confer status in refugee cases.

Thank you for your input and I agree with you

I have written to Immigration, let’s see if I get a solid response

 

[mafghan]

That is the standard and automated letter template from gcms for all work permit/extension but the actual work permit does not confer status to refugee claimant prior to IRB final determination. So the answer remains NO. You may consult immigration lawyer.

Thank you for your time

 

[canuck78]

Thank you for your input and I agree with you

I have written to Immigration, let’s see if I get a solid response

If this is the general IRCC customer service unfortunately they often give out incorrect information which is why you are best at least verifying the response with a reputable immigration lawyer who deals with asylum cases.