Determining whether the applicant has the ability to establish in Canada

(REF-OVS-4-6)

This page contains guidance on assessing the ability of a resettlement applicant to become established in Canada.

Key message: Protection is the most important goal and must be considered: when protection needs are high, less weight can be put on the potential for integration.

For more information, consult Policy background – Ability to establish in Canada.

Legal references: Immigration and Refugee Protection Regulations (IRPR) – paragraph 139(1)(g) and (h) and subsection 139(2)

On this page

• Exemptions from the requirement to establish in Canada
• Assessing the ability to establish in Canada
  • Factor 1: Potential for being resourceful
  • Factor 2: Family or sponsor in expected community of resettlement
  • Factor 3: Potential for employment in Canada
  • Factor 4: Potential to learn English or French
• Serious health conditions
• Alternate arrangements when unable to establish in Canada
• Refusing an applicant for inability to establish in Canada

Exemptions from the requirement to establish in Canada

An exemption from this requirement must be recorded in notes when assessed and confirmed. The following applicants are not required to show an ability to establish in Canada when their potential for resettlement is assessed:

• Applicant or accompanying dependant is in urgent need of protection
  Consult: Referrals for urgent protection
• Applicant or accompanying dependant is assessed as vulnerable
  Consult: Vulnerable persons
• Applicant is under the one-year window program
  Consult: One-year window of opportunity
• Applicant and accompanying dependants are being resettled to Quebec
  Consult: Quebec resettlement

Assessing the ability to establish in Canada

When assessing the ability to establish, focus on the economic sufficiency and adaptability of the entire family unit, including those accompanying the applicant and those already in Canada.

Factors for assessment include:

• resourcefulness and similar qualities that assist with integration in society
• presence of relatives, including the relatives of a spouse or a common-law partner, or a sponsor in the expected community of resettlement
• potential for employment, given education, work experience and skills
• ability to learn to communicate in one of the official languages of Canada

Only the above factors are to be assessed. No other factors are to be included.

All factors must be considered as a whole. Depending on the context and specific circumstances, different weight may be assigned to each factor.

Guidelines for assessing these factors are outlined below.

Factor 1: Potential for being resourceful

Consider the following when assessing an applicant’s resourcefulness:

• engaged in past activities that demonstrate initiative, ingenuity, and perseverance
• able to earn income in a country of refuge, even if in an informal labour market
• able to adapt to a new country
• mentored younger family members or used skills to assist others while displaced

Factor 2: Family or sponsor in expected community of resettlement

Consider the following when assessing the presence of family or a sponsor in the expected community of resettlement:

• The success of integration may be higher when the applicant has a family member in the expected community of resettlement.
• Sponsors are obligated to provide only the defined support as laid out in their contractual agreement with IRCC.
• Even though privately sponsored refugees may benefit from the support of a sponsor in the community of resettlement, the personal nature of their relationship may be limited.
• Applicants may not have documentation to prove the presence of relatives, however, questions can be posed to assess whether the family connection in Canada is strong enough to benefit the integration of the applicant.

Some key questions to consider about relatives in Canada:

1. What is known about relatives in Canada
   • An inability to answer simple questions about family members’ whereabouts or life events (deaths, marriages or births) may show that the relationships are too distant. Those in situations of forced migration, however, may have had problems communicating with family in Canada.
2. Expected assistance from relatives in Canada
   • Consider all possible support, such as advice, assistance in becoming employed and childcare.
3. Contact with relatives in Canada

Factor 3: Potential for employment in Canada

Although there may be obstacles, an applicant may still be capable of joining the full-time labour force in Canada with available support during settlement.

No minimum education or work experience is required.

When assessing the potential for employment, consider whether the applicant has:

• transferable work experience (formal or informal)
• past study or work (formal or informal) in their country of origin or country of refuge
• existing skills, or new skills acquired while in the refugee camp or country of refuge, such as hairdressing, sewing, cooking, building, child care
• helped with the organization or administration of the affairs of their refugee group, such as organizing ad hoc events
• taught others a new skill
• several family members, including some who are still school-aged or young adults, who can contribute to the economic well‑being of the family in the future

Factor 4: Potential to learn English or French

An assessment of applicants’ language-learning ability is not required, however, some basic indicators about the applicant may include:

• literacy in their own language
• experience teaching children in the community about their native language
• fluency in more than one language
• knowledge of one official language of Canada
• working knowledge of language used in the refugee camp or country of refuge
• experience as an interpreter for others
• expected residence with school-age children
• expected residence with persons who speak English or French

Serious health conditions

The “ability to establish” requirement is not a mechanism to second-guess the opinion of a medical officer when an applicant has a serious physical or mental health condition that could affect their ability to establish.

• In fact, “vulnerable” cases often have high medical needs and are exempt from the requirement to show an ability to establish.

Alternate arrangements when unable to establish in Canada

Before refusing someone for being unable to successfully establish in Canada, determine whether the applicant could become established with extra assistance. Consider the following:

• Joint assistance sponsorship (JAS) program
  • Determine whether the applicant has special needs that require longer-term support.
    Consult: Joint assistance sponsorship
• Extended sponsorship
  • Determine whether a sponsored applicant, with or without special needs, may require a longer period of support from the private sponsor (beyond 1 year).
    Consult: Assessment of sponsor

Refusing an applicant for inability to establish in Canada

Exercise caution before refusing applicants based on a presumption that they may not integrate well in Canada. This may be seen as discriminatory. Examples include

• cultural reasons
• stereotypes (for example, the person has lived in a camp for too long)
• elderly people assumed to be too old to adapt to Canada

There should be specific evidence that clearly shows integration will be difficult, and conclusions must be reasonable and justifiable.

For more information, consult Decisions of the Federal Court:

• Nasir v. Canada, 2008 FC 504
• Janvier v. Canada, 2015 FC 278