Frequently Asked Questions(FAQs)
- Identity documents (passport, birth certificate, national ID)
- Personal statement (your refugee narrative)
- Travel history (tickets, visas, entry/exit stamps)
Thereafter, in preparation for your hearing, you’ll typically need:
- Proof of your story, such as:
- Police reports or medical records
- News articles about violence or persecution in your country
- Threatening messages, social media screenshots, or other evidence
- Supporting letters (from family, friends, or community members)
📌 Tip: You do not need to have every document to submit your claim. Many claimants apply with limited proof and explain why documents are unavailable.
As of 2025, the average processing time for a spousal sponsorship application is:
- 12 months for inland and outland applications (varies based on complexity)
- Longer if additional background checks or interviews are required
Delays may happen if:
- Documents are missing
- The relationship needs further verification
- There are prior immigration violations or medical concerns
📌 Tip: A complete, well-organized application can help avoid delays.
Yes, if you apply for permanent residence on Humanitarian and Compassionate (H&C) grounds while in Canada, you are generally allowed to remain in Canada while awaiting a decision.
However:
- This does not give you legal status or the right to work unless you apply for a work permit.
- You may still be subject to removal proceedings, but you can request a deferral of removal while the H&C is in progress.
📌 Tip: Applying for a work permit alongside your H&C can help you remain legally employed while waiting.
No, it's not mandatory to have a lawyer, but having one significantly increases your chances of success. A lawyer can help you:
- Prepare a compelling Basis of Claim (BOC) form
- Draft your personal narrative
- Collect supporting evidence
- Represent you during your refugee hearing
📌 Tip: A well-prepared case with legal support can make a major difference in the outcome.
If your application is refused, you may still have options such as:
- Appealing to the Immigration Appeal Division (IAD) - for certain refusals like sponsorships
- Judicial review in Federal Court for legal errors
- Reapplying - if the reason for refusal can be corrected
- Humanitarian and Compassionate grounds - if no other options are available
📌 Tip: Always review the refusal letter carefully with a lawyer to determine your next steps.
Yes - — most refugee claimants are eligible for a refugee claimant work permit once their claim is found eligible. To work legally:
- Submit a work permit application after your claim is referred to the IRB
- Wait for approval before starting employment
- At LEGEX LLP, we assist claimants to apply for their work permit at the same time that the refugee claim is filed, meaning less wait time for the work permit to issue and less fees.
📌 Tip: Keep your work permit valid and renew it before expiry.
IRCC requires proof that your relationship is genuine and not entered into for immigration purposes. Supporting documents may include:
- Photos together over time
- Messages, emails, call logs
- Joint leases or bank accounts
- Affidavits from friends/family
- Travel itineraries or visits
📌 Tip: The more consistent, long-term, and documented your relationship history is, the stronger your case will be.
Yes, in most cases you can include dependent children in your immigration application. They must be:
- Under 22 years old and not married (exceptions apply for older children with disabilities)
- Listed in your application from the start.
- Accompanied by birth certificates or legal custody documents.
📌 Tip: If a child is not included at the time of application, they may be ineligible to join you later.