Definiciones y conceptos básicos

Here again we assume that we are considering an asylum seeker, in this case one who seeks asylum in Canada. The reason for emphasising this is that Canada also has a programme for ‘sponsored’ refugees, and such people have different rights to social assistance benefits than an asylum seeker of our ‘standard’ type. For example, federally sponsored refugees receive an allowance from the federal government for a certain period of time, and do not have access to social assis- tance benefit during the same period. On arrival in Canada the person will seek protection as a refugee (asylum) either at the port of entry or at the Canada Im- migration Office. If the person’s application to seek asylum is approved (fast- track processing), the application is passed on to the Immigration and Refugee Board, who will give an opinion on the case.

Canada has no asylum centres of the type found in Europe. Asylum seekers normally find and pay for their own accommodation, possibly with the help of grants from special aid organisations. Asylum seekers are entitled to Canadian social assistance benefits, and these vary from province to province. In Ontario, which is the most densely populated province and where Toronto (a typical choice of city for immigrants) is situated, the monthly benefit for a single person is CAD 195. In addition there is a housing allowance of maximum CAD 325 per month, and it is assumed in this study that this amount covers the full cost of accommodation. Unlike the majority of European countries, Canada has no gen- eral system of housing benefit. If social assistance benefit is the only form of income which the asylum seeker has, he or she is given a temporary work per- mit, and thus has the possibility of finding a job. The annual amount of social assistance benefit in Ontario is 12 x 195 = CAD 2,340.

In 2003 a Canadian APW, the OECD’s average Canadian worker, had an in- come after tax and social security contributions of CAD 30,218, while a person with an income of 2/3 that of the APW had a disposable income of CAD 21,559 after deduction of tax and social security contributions. This means that the asy- lum seeker receives 7.5% of the APW income after tax and social security con- tributions, or 11% of the income of a person with 2/3 of the income of an APW after deductions of tax and social security contributions.

9.2. The Refugee

If the Immigration and Refugee Board decides to grant asylum, the asylum seeker is accorded the status of a refugee, either as a convention refugee or as a ‘person in need of protection’. When granted this status, the person can immedi- ately apply to become a ‘Permanent Resident’. This will normally be granted

38 The situations in Canada

after a short time. With Permanent Resident status the refugee has legal rights similar to those of Canadian citizens, though not with respect to voting rights. Temporary residence permits do not form part of the system for people who wish to remain in Canada as immigrants; they are only used for people who ap- ply for temporary residence in Canada in order to work for a limited period or to study. A person with permanent resident status has the same access to the social security system, including the right to social assistance benefit payments, as Canadian citizens.

The amounts of social assistance benefit to which refugees are entitled are pre- cisely the same as those for asylum seekers, and thus for single persons represent 7.5% of the APW income after tax and social security contributions, and 11% of the 2/3 APW income after the same deductions.

9.3. The Reunified Family

Every Canadian citizen (a refugee with permanent resident status can become a citizen after three years) or person with permanent resident status has the right to family reunification with spouse and children provided that the people involved are also able to become permanent residents, which is normally the case. The right to family reunification extends to other family members and relations, but that is not a relevant factor here. The condition for family reunification, how- ever, is that the person living in Canada acts as ‘sponsor’ for those family mem- bers who wish to come to the country. Being a sponsor means undertaking to provide financial support for the family members concerned. The spouse living in Canada must be approved as a sponsor. This requires that the sponsor is resi- dent in Canada, and that he or she signs a sponsorship undertaking and also signs an agreement with the person being sponsored. It is also a requirement that the sponsor has a certain minimum level of income, and that he or she is not receiv- ing social assistance benefit payments.

The sponsorship undertaking is for three years in the case of a spouse and ten years for a child, or until the child reaches the age of 25. The sponsorship under- taking does not mean that the family is forbidden to claim social assistance bene- fit during the sponsorship period, but any benefit paid is regarded as a loan, which the sponsor is obliged to repay at a later date.

In 2003, a couple with one child received a monthly benefit payment of CAD 476 plus a maximum monthly housing subsidy of CAD 554 (assumed here to cover the entire cost of accommodation). Child benefit in Canada consists of payments from the Canada Child Tax Benefit (CCTB) plus allowances from the province concerned. The basic amount in CCTB in 2003 was 97.17 + 19.17 = CAD 116.34 per month (estimated). Benefits are means-tested, but there is no reduction in the case of incomes on the level of social assistance benefit. In addi- tion there is a supplement, but this is offset against an equivalent reduction in

The Situations in Canada 39

social assistance payments, and so does not enter into the calculations. The Prov- ince of Ontario also provides a supplement, but this is only given to families in employment, and not to recipients of social assistance benefit. The annual social assistance benefit is 12 x 476 = CAD 5,712, and the annual child benefit is 12 x 116.34 = CAD 1,396.

The social assistance benefit for a couple with one child amounts to 19% of the APW’s income after tax and social security contributions, and 26.5% of the 2/3 APW income after the same deductions. If child benefit is taken into account (both for the reunified family and for the APW and 2/3 APW) then the percent- ages are 22.5% and 31% respectively.

Net Replacement Rates for Situations in Canada, Percent

APW 2/3 APW

Asylum seeker, social assistance benefit 7.5 11

Refugee, social assistance benefit 7.5 11

Family, social assistance benefit

(excluding child benefit) 19 26.5

Family, social assistance benefit

A Note on Family Reunification 41