INTENT
To identify Income Support (IS) benefit eligibility for persons with refugee or refugee claimant status.

POLICY
Immigration, Refugees and Citizenship Canada (IRCC) is responsible for the refugee system in Canada, in accordance with the federal Immigration and Refugee Protection Act (IRPA) and its Regulations. For the purpose of determining IS program eligibility, the terms “refugee” and “refugee claimant” have the same meaning as under the IRPA and its Regulations.

Refugees and refugee claimants are required to access all financial and health benefits provided by another government program, person, agency, or under any other law before they can be considered for IS benefit eligibility.

REFUGEES
A refugee is a person who is granted refugee protection status in Canada (under IRPA):

• As a Convention refugee, or
• As a person in need of protection.
  
  

A refugee can be sponsored or non-sponsored.

Refugees (Sponsored)
Immigration, Refugees and Citizenship Canada (IRCC) coordinates the following federal and private sponsorship programs for refugees:

• The federal Resettlement Assistance Program provides monthly financial assistance and Interim Federal Health Program (IFHP) coverage typically for a 12-month period (may extend to 36 months in exceptional cases).
• The Private Sponsorship of Refugees Program allows a community organization or group of private citizens to sponsor a refugee (12 to 36-month sponsorship period).
• Blended Visa Office-Referred Refugees receive joint sponsorship by the federal government and a private sponsor (12-month sponsorship period).
  

Sponsored refugees are not eligible for IS benefits while receiving sponsored financial support and IFHP coverage. The IS program does not provide partial health benefit coverage or ‘top-up’ IFHP benefits.

Provided they meet all eligibility requirements, sponsored refugees may qualify for IS benefits:

• After their eligibility for the Resettlement Assistance Program expires, or
• Once their federal or private sponsorship period has ended.

Refugees (Non-Sponsored)
Some refugees are not sponsored and they are eligible for IS benefits if they meet all other eligibility requirements.

REFUGEE CLAIMANTS
A refugee claimant is a person who has made a claim for refugee protection (under IRPA). IRCC can substantiate if they have accepted the claim for consideration.

A refugee claimant can be eligible for IS financial benefits, and continues to be eligible until such time as their claim has "concluded" with the Refugee Protection Division of the Immigration and Refugee Board of Canada (IRB).

As a condition of receiving IS benefits, if a refugee claimant is employable, they must apply for a federal Work Permit. Delivery staff are to refer clients to the nearest IRCC office for more information on obtaining a Work Permit.

Note
Under the IRPA, persons who are seeking to remain in Canada on Humanitarian and Compassionate grounds are not considered a refugee or refugee claimant.

• These individuals do not qualify for IS benefits while awaiting the outcome of their claim.
• Once their claim for permanent residency is approved, they may be eligible for IS if they meet program requirements.
  
  

Health Benefits for Claimants
A person is not eligible for health benefits if they are receiving federal IFHP coverage. The IS program does not provide partial health benefit coverage or ‘top-up’ IFHP benefits.

Conclusion of a Claim
Even if an initial claim is not approved, this does not mean that the claim has concluded. The “conclusion” of a refugee claim generally has one of two outcomes: person is given protected person status (and can apply for permanent resident status) or all avenues of appeal have been exhausted and the client leaves Canada.

Refugee claimants can remain eligible for IS benefits until all mechanisms of appeal and judicial review on their claim are exhausted. 

• Claimants denied refugee protection by the IRB, who appeal the decision to the IRB Refugee Appeal Division, continue to be eligible for IS benefits for the duration of the appeal process.
• Persons denied refugee protection on appeal who apply for judicial review before the Federal Court, continue to be eligible for IS benefits for the duration of the judicial review process.
  
  

Refusal of Refugee Protection and Pre-Removal Risk Assessment (PRRA)
Individuals subject to a removal order may apply to the Minister of Immigration and Refugees (Canada) for refugee protection through a pre-removal risk assessment (PRRA).

• An individual who applies for a PRRA can remain eligible for IS benefits for the duration of the PRRA decision-making process.
  
  

Individuals denied refugee protection through a PRRA may be eligible to apply for judicial review before the Federal Court.

• Claimants continue to be eligible for IS benefits for the duration of the judicial review process.
  
  

SUMMARY OF IS BENEFIT ELIGIBILITY

INELIGIBLE SPOUSE/PARTNER
If a spouse/partner of an applicant or recipient does not qualify for IS benefits, the ineligible person is not added to the IS file. However, income and assets belonging to the ineligible person are used to determine ongoing IS eligibility for the household, with applicable income and earnings exemptions applied.

Example
A client would like to add their spouse to their IS file after the spouse’s arrival in Canada. The spouse is a refugee who is receiving funding from the Resettlement Assistance Program. The spouse is not added to the IS file. However, the IS program considers the spouse’s Resettlement Assistance Program income when determining ongoing IS eligibility for the client.

PROCEDURES FOR VERIFYING STATUS
When a refugee or refugee claimant applies for IS benefits, program staff must verify the applicant’s status with IRCC prior to determining eligibility for ongoing benefits.

Note
Clients who are refugee claimants may go through several stages in the federal process of becoming a protected person, and their status will change depending on IRCC decisions. Staff may use the Mobius task feature to bring forward the file to verify status as needed.

1. The applicant is asked to provide IRCC documentation, or any equivalent correspondence, to confirm their status. This may include some of the documentation below, however, this list is not exhaustive.
   • Refugee Protection Claimant Document (IMM 1442)
   • Acknowledgement of Claim
   • Verification of Status document
   • Acknowledgement of Conditions Form (IMM 1262)
   • Confirmation of Referral
   • Entry for Further Examination or Admissibility Hearing Form
     
     
2. Program staff must verify the applicant’s status with IRCC.
   The Memorandum of Understanding between Community and Social Services (CSS) and IRCC authorizes information sharing between governments. Program staff can disclose information only if disclosure is necessary for administration of the Income and Employment and Supports Act and the federal IRPA.
   • CSS staff requests verification from IRCC via the EMP 3827 Request for Non-Family Class Information form. (IRCC typically responds to requests within two working days.)
   • CSS staff has the applicant sign Section 1 of the EMP 3827 Request for Non-Family Class Information form.
   • CSS staff complete Section 2 and fax the form to the IRCC office in Winnipeg.
   • IRCC will complete Section 3 of the form, verifying the applicant’s status (or that they have submitted a claim) and will return the form to the requesting office.
     
     IRCC will also confirm whether the applicant:
     • Is receiving financial support from the federal Resettlement Assistance Program; or
     • Is currently maintained under a federal or private sponsorship agreement (and duration of the sponsorship period).

Once IRCC confirms the applicant’s status:

• CSS staff enters information from the EMP 3827 Request for Non-Family Class Information form into Mobius Background (Citizenship section); and
• CSS staff determine the applicant’s eligibility for ongoing IS benefits.
  
  Note
  CSS staff are to create a task in Mobius to follow-up on the refugee claimant’s status in the following situations:
  • Claimant is waiting for a decision on their claim from the IRB (staff records the date of the IRB hearing in Mobius), or
  • Claimant is appealing an IRB decision to the Refugee Appeal Division, or
  • Claimant is in process of a judicial review through federal court, based on a negative IRB decision, or
  • Client has been issued a removal order and is involved in the PRRA or judicial review process.