IMM Reps Mailbox Series - Can Asylum Claimants Apply for Permanent Residence Through Express Entry?
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As part of the IMM Reps Mailbox Series, I often get technical questions from immigration representatives mailbox about complex eligibility scenarios under Canada’s immigration system.
One recent question focused on asylum claimants and whether they can access economic immigration pathways such as Express Entry.
The Question
I am writing to inquire about the eligibility of asylum claimants to apply for permanent residence through the Express Entry system, specifically under the Canadian Experience Class (CEC) or Federal Skilled Worker Program (FSWP).
Could you please confirm whether individuals who have submitted an asylum claim inside Canada and are awaiting a hearing at the Immigration and Refugee Board of Canada (IRB) are eligible to apply for permanent residence through Express Entry?
Additionally, if they are eligible, does the work experience acquired as an asylum claimant with an asylum claimant open work permit count towards Canadian work experience for Comprehensive Ranking System (CRS) points?
The Response (IMM Reps Mailbox)
According to current immigration legislation and program guidance:
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- Asylum claimants are not eligible for the Canadian Experience Class (CEC) because they do not hold temporary resident status in Canada.
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- Work experience gained while holding an asylum claimant open work permit does not count toward CRS points for Canadian work experience. Under R87.1(3)(c), Canadian work experience must be obtained while the applicant held valid temporary resident status.
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In addition:
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- Asylum claimants may be considered inadmissible in certain contexts because they do not possess a permanent resident visa while seeking to remain permanently in Canada.
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- Sections A41(a) and A20(1)(a) of the Immigration and Refugee Protection Act (IRPA) may apply, and individuals may be subject to removal orders.
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- As a result, any permanent residence application would likely require a careful assessment of admissibility and legal status.
Practical Takeaways
This scenario highlights a common misunderstanding:
Holding an asylum claimant open work permit does not automatically create eligibility under Express Entry. Temporary resident status is a key legal requirement for CEC eligibility. Each case requires careful legal analysis, especially where enforcement or admissibility issues may arise.
Final Thoughts
Canadian immigration pathways intersect with refugee protection processes in complex ways. Immigration representatives should always review the regulatory framework closely and consider how status, admissibility, and work authorization interact before advising on economic immigration options.