Asylum Seeker Visa

An asylum seeker is a person who, upon arrival in the country or during a temporary stay, requests protection from Canada. The Canadian government grants asylum to certain people on its territory who fear persecution or whose lives would be in danger if they were to return to their country of origin. Canada’s Immigration and Refugee Board evaluates each application and renders its decision on whether or not to grant refugee status.

What is a refugee?

A refugee abroad is a person who is outside their country of origin and whose status is one of the following:

Convention refugee refugee under the country of asylum class (a person who is outside their country of origin or the country where they usually reside and who is severely affected by civil war, armed conflict or a massive human rights violation).

A refugee abroad can receive protection from Canada. In particular, they can receive assistance from the government, in partnership with non-government organizations, or welcomed by a group of two to five people or an organization that has agreed to sponsor them. A refugee admitted while already on Canada's territory is a person:

  1. who applied for refugee status in Canada and was granted refugee status by the Immigration and Refugee Board;
  2. who then applied and obtained permanent resident status in Canada.

What is a person without legal status

Under Canadian laws, every person must obtain authorization to enter Canada (students, tourists, temporary workers, etc.) and must maintain the status granted them. Therefore, a person without legal status can be:

  1. a tourist or temporary resident who has not renewed his/her tourist visa or study permit, or whose work permit has expired, and who has not left Canada;
  2. a person whose asylum application has been refused, who has exhausted all possible recourse and who has not obeyed a removal order;
  3. a person who has illegally crossed the border and has not reported to the authorities.

What are the steps involved in the asylum application process?

Upon arrival, people who enter Québec irregularly are subjected to tests and audits (identity, health and security) by the Canada Border Services Agency (CBSA). Following these tests, these people are directed to temporary shelters. The Québec government is committed to providing essential services to asylum seekers provided that their request is deemed admissible and up until the time Immigration and Refugee Board (IRB) has rendered its decision on whether or not to grant refugee status. If the IRB recognizes their refugee status, Québec can issue a Certificat de sélection du Québec. To find out more about the steps involved in the asylum application process, consult this page.

What are the responsibilities of the assigned government?

The assigned government has sole responsibility for managing its borders and all designated resources. It also assumes full responsibility for rendering decisions regarding the admissibility of asylum applications and whether or not to grant refugee status. Specifically, when asylum seekers enter the territory, the federal government carries out tests and audits regarding identity, health and security. If an application is deemed admissible, the federal government is responsible for issuing a work permit and a temporary social insurance number. The Interim Federal Health Program also funds the healthcare services needed by asylum seekers while waiting for the Immigration Refugee Board to recognize or deny their refugee status.

How long do asylum seekers have to wait for a response?

Federal authorities are solely responsible for application processing times. The decision rests with the federal government and the Immigration and Refugee Board. Acceptance rates vary according to various factors. To find out about acceptance rates, you can consult the respective Government.

Asylum Seeker Visa in Italy

There are several ways in which a foreign citizen can immigrate to Italy. The immigration regulations provide for those who want to move to Italy for business and work purposes, however, they also provide for special conditions for those seeking asylum in Italy. In order to obtain refugee status, a foreign citizen must first apply for an asylum visa in Italy. It is important to note that in 2015 the Italian Immigration Law has suffered various changes with respect to the procedure of accepting asylum seekers. Below, our immigration lawyers in Italy explain how to obtain an asylum visa. Foreign citizens can also request our services if they are interested in immigrating to Italy and obtaining asylum visas.

Who can apply for an asylum visa in Italy?

According to the Immigration Law and the Constitution of Italy, there are several ways of immigrating to Italy, among which asylum seekers are also recognized as persons who can obtain the legal right of dwelling here.

The following categories of persons can obtain asylum visas in Italy:

  1. foreign citizens who have asked for the protection of the Italian state or the recognition of the refugee status;
  2. foreign citizens who are persecuted for various reasons, such as peace, religion, nationality or pertaining to a certain social category or political affiliation;
  3. foreign citizens entering the category of displaces persons due to war, hunger, natural disasters, poverty or other similar conditions;
  4. foreign citizens who are considered stateless persons under the provisions of the New York Convention of 1954.

Under the Italian and international laws, stateless persons are considered persons with no nationality or citizenship. Our immigration lawyers in Italy can offer more information on the regulations applicable to those interested in applying for an asylum visa.

The procedure of obtaining an asylum visa in Italy

Italy is one of the countries to offer a single procedure related to the application for the asylum visa. This means that the person seeking to obtain an asylum visa in Italy can be lodged in with the police station in which the foreigner lives or directly with the border control under the same conditions. When filing the asylum application directly with the police, the foreign citizen must know that he or she has 8 days to report with the police after entering the country. The procedure is the same as when applying for a residence permit in Italy. The applicant must submit an application form, must be fingerprinted and have their pictures taken. In the case of foreign persons applying for Italian asylum visas with the border control authorities, the procedure is completed directly there. Once processed, the asylum seeker is registered with the National Commission for the Right of Asylum which will interview the applicant within 30 days after lodging the request for an Italian asylum visa. The decision for granting the asylum visa is issued within 3 days from the interview. If you want to immigrate to Italy and need support, our lawyers at your disposal with tailored services.

The rights of a person applying for an asylum visa in Italy

Foreign persons seeking to obtain Italian asylum visas have several rights before the right to living in Italy is granted or denied. Some of the most important rights are:

  1. the applicant cannot be asked to return to the country in which his/her life is endangered during the visa application processing;
  2. the applicant has the right to live in Italy if he or she is part of a vulnerable group (minors, disabled persons and pregnant women are a few of the persons entering this category);
  3. the applicant has the right to basic medical services free of charge and assistance for other medical situations;
  4. the applicant has the right to receive information on how to apply for an asylum visa in Italy;
  5. the applicant has the right to receive documents related to his/her status of refugee and must be guaranteed that he or she understands what the documents state.

Our immigration lawyers in Italy offer expat services for those who need to have their rights explained no matter the type of Italian visas they apply for.

Subsidiary protection offered to asylum seekers in Italy

The Italian legislation also provides for subsidiary protection for non-EU citizens who need international protection, even if they cannot apply for an asylum visa in Italy. Subsidiary protection can be offered to all foreign citizens who live in Italy and who, by returning to their home countries, can face the following risks:

  1. the risk of being killed;
  2. the risk of being tortured;
  3. the risk of being submitted to a degrading and inhumane treatment;
  4. the risk of having their life endangered because of violence.

Subsidiary protection can also be offered to persons who have another family member living in Italy based on a residence permit.

Asylum Seekers for Australia

Seeking Protection in Australia

Australia provides protection for asylum seekers who:

  1. meet the United Nations definition of a refugee, as defined in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol (Refugees Convention)
  2. are owed protection under other international human rights treaties and conventions which give rise to complementary protection obligations.

The Refugee Convention

Australia is one of 147 signatory countries to the Refugees Convention.

The Refugees Convention defines a refugee as a person who:

  1. is outside their country of nationality or their usual country of residence
  2. is unable or unwilling to return or to seek the protection of that country due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion
  3. is not a war criminal and has not committed any serious non-political crimes or acts contrary to the purposes and principles of the United Nations

Complementary protection

From 24 March 2012, complementary protection claims have been considered as part of the protection visa assessment process. Complementary protection is the term used to describe a category of protection for people who are not refugees but cannot be returned to their home country, in line with Australia’s international obligations, because there is a real risk that the person will suffer certain types of harm.

United Kingdom-Asylum Seeker

Claiming asylum in the United Kingdom

There are two main ways that refugees and asylum seekers come to the UK.

  1. The majority of asylum seekers travel independently to the UK and make an ‘in-country’ application for asylum. People who claim asylum in the UK may initially enter the country in a variety in the ways, both documented and undocumented.
  2. Some refugees are resettled through UK government schemes linked to the UNHCR (UN Refugee Agency). This option is only available to a limited number of people who are deemed particularly vulnerable or at risk. They usually come from refugee camps in low-resource countries.

Refugee Journeys

Refugees and asylum seekers coming to the UK by any route may have experienced significant periods of deprivation with little or no access to healthcare. This can be in their own country, other countries they have passed through or in refugee camps. Refugee camps, including in Europe, can be over-crowded with living conditions that contribute to poor physical and mental health. Understanding your patient’s journey, the risks they may have been exposed to and their narrative of any traumatic experiences can help you to diagnose any complaints they present with, screen for other conditions and make referrals for specialist care, if appropriate.

Asylum Seekers

Although some asylum seekers arrive in the UK by air, many travel over land or by sea for long periods before reaching the UK. There are very few legal ways for people to openly come into the UK as asylum seekers and, in many cases, they may initially enter the country illegally. Individual circumstances can vary widely. For example, people may enter the UK on a valid visa but later be unable return due to political changes in their home country, or they may be trafficked into the UK against their will. Asylum applications can take months or even years to decide. Asylum seekers may only have access to an allowance of £5.39 a day per person from the Home Office while awaiting a decision, often in the form of vouchers or on a pre-paid card. This can make it difficult to manage every-day demands such as food, prescriptions, sanitary products, transportation to appointments, fees for medical letters and phone credit. During this period asylum seekers are at risk of health problems linked to poverty, such as malnutrition. Extended periods of stress and uncertainty can also lead to declines in mental health, including among patients who arrived in the UK in good mental health or who had no previous history of mental health problems. Asylum seekers are able to register with a local GP at any point in the course of their claim. However, in practice, they often have difficulty accessing services.

Refused asylum seekers

More than two thirds of asylum seekers (67%) have their first asylum application refused. This can be due to difficulty in providing sufficient evidence to support their asylum claim. Refused asylum seekers can appeal the decision, particularly if they have new evidence, including medical evidence. Many appeals are ultimately successful.

Refugees granted asylum or other Leave to Remain in the UK

Many refugees face a very difficult period just after their application is approved. Organisations that support refugees say their mental health often gets worse at this time. Home Office accommodation and financial support ends 28 days after an asylum claim is approved. Local Authorities are responsible for housing new refugees. However, there are often delays to getting on mainstream benefits and new refugees are at high risk of being made homeless. Refugees can have difficulty getting back to work due to lack of UK work experience and deskilling in the case of some professions. The BMA provides support to help refugee doctors get back into practice through our Refugee Doctor Initiative.

Sweden- Ayslum Seeker

You can start a business while your application for asylum is in progress.

For asylum seekers

You can start a business while your application for asylum is in progress. First, you apply for F-tax (Swedish corporate tax) registration with the Swedish Tax Agency (Skatteverket). If you are running your own business, you must pay F-tax. Once you have been registered for F-tax, you get a coordination number from the Swedish Tax Agency. The coordination number is for those who do not have a personal identity number (personnummer) and is necessary for you as an asylum seeker to be able to start a business in Sweden

If you have been granted a residence permit

If you received a permanent or temporary residence permit, you must register yourself in Sweden’s population register through the Swedish Tax Agency as soon as possible. Registration in the population register is essential for access to courses in Swedish for Immigrants (SFI) and becoming part of the Swedish social insurance system. Once you are registered, you can also get a Swedish identity document, which you need to open a bank account, for example.

More help

The Swedish Public Employment Service You may be able to get assistance and support from the Swedish Public Employment Service (Arbetsförmedlingen) when you start your own business. The assistance programme is called Stöd till start av näringsverksamhet (assistance for starting a business). The Swedish Public Employment Service will want to see your business concept and business plan to assess your capacity to succeed with your business. Speak with your employment officer and ask if it might be applicable to you. You can get assistance with:

  1. practical placements in the occupation/industry in which you intend to start a business
  2. courses with an interpreter on the rules that apply to entrepreneurs concerning taxes, record-keeping requirements, and permits for different industries
  3. mentor support and individual advice in your home language
  4. guidance in establishing various contacts and accessing networks in different industries
  5. follow-up by a consultant in your home language about how your business is going.

You can read more about the programme in the Fact sheet for jobseekers – Support while starting a business at the Swedish Public Employment Service. The fact sheet is available in a dozen languages.