Uyghur Immigration Pathways into Canada 

In February 2023, Canada’s Parliament passed a motion to take in 10,000 Uyghur refugees facing persecution in China. The motion, though non-binding, calls on the Canadian government to create a comprehensive plan to resettle Uyghur refugees within a period of two years, commencing in 2024.  

In addition to this plan, Uyghurs applying for refugee status have two options available: (1) the Refugee and Humanitarian Resettlement Program for applicants making claims from outside of Canada and (2) the In-Canada Asylum Program for people making refugee claims from within Canada.  

The Refugee and Humanitarian Resettlement program helps refugees outside of Canada who need protection. To qualify for this program, individuals must be referred by the United Nations High Commissioner for Refugees (UNHCR), a designated referral organization, or a private sponsorship group. An individual cannot apply directly to Canada for resettlement.  

The In-Canada Asylum program provides refugee protection to people within Canada who (1) have a well-founded fear of persecution, or (2) are at risk of torture or cruel or unusual punishment in their home countries. Those found eligible by the Immigration and Refugee Board of Canada (IRB) will be granted “protected person” status, which enables them to apply for permanent residence. If the case is rejected, they may be able to appeal to the Refugee Appeal Division (RAD).  

Individuals seeking asylum upon entry to Canada from the United States may face limitations due to the Canada-US Safe Third Country Agreement (STCA). According to the STCA, asylum seekers who enter either the US or Canada must lodge their claims in the first country they arrive in. Although the agreement has less impact on the United States due to the limited number of people passing through Canada to make a refugee claim there, it has more significance for Canada.  

Aside from claiming refugee status, there are other pathways Uyghurs can take to emigrate to Canada and secure Canadian permanent residence. Four of the often-used means for overseas applicants to emigrate to Canada in 2023 include:  

1. Express Entry: This system manages immigration applications from skilled workers, including those with Canadian work experience, foreign work experience, and skilled workers qualified in a specific trade.
   

2. Provincial Nominee Programs: This pathway is designed for workers with the skills, education, and work experience needed in a particular province and who want to become permanent Canadian residents.

3. Business Immigration: For individuals with experience in managing or owning their own business, federal or provincial business immigration programs may offer an accessible pathway to emigrate to Canada.
   

4. Sponsorship: Those with qualifying family members who are permanent residents or citizens of Canada can explore family sponsorship, which often provides an easier route to emigrate to Canada. 

 This page was authored by Joanna Michalopoulos, Law and Human Rights Intern; updated August 2023.

References  

Canadian Immigration Law Firm. “How to Immigrate to Canada.” Canadian Immigration Law Firm, 2023, https://www.canadim.com/immigrate/ 

Government of Canada. “How Canada’s Refugee System Works.” Government of Canada, 2023 https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/canada-role.html 

The Guardian. “Canada votes to take in 10,000 Uyghur refugees amid Chinese pressure to force their return.” The Guardian, 2 February. 2023, https://www.theguardian.com/world/2023/feb/02/canada-votes-to-take-in-10000-uyghur-refugees-amid-chinese-pressure-to-force-their-return 

Stephen Gallagher, “Canada’s Broken Refugee Policy System” in Collacott, Martin & Moens, Alexander (eds) Immigration policy and the terrorist threat in Canada and the United States (Fraser Institute, 2008).