Can I separate my refugee claim from my family?
Question & AnswerCan I separate my refugee claim from my family?
3. Update your Basis of Claim form
You can change or add information to your Basis of Claim (BOC) form after it is submitted. This must be done no later than 10 days before the date of your refugee hearing.
If you're the Principal Claimant, you need to change your BOC to show that you're now claiming refugee status without your spouse. And you will have to decide if your children's refugee claim will be heard with your claim or your spouse's claim.
If you're the dependent spouse, you need to change your BOC to state that you're no longer joined to your spouse's claim. And you might have to add more information to show the Refugee Board that you meet the definition of or .
Canadian law recognizes that women who fear domestic violence, or any other gender-based fear, can meet the definition of Convention refugee or person in need of protection. Women who experience domestic violence are considered “a particular social group”.
You can claim refugee protection based on more than one fear. For example, you might fear persecution based on your religion as well as domestic violence. Your fear could also be based on your spouse's political activity. For example, even though you're separated from your spouse, you might fear returning to your country because of your relationship to the Principal Claimant.
It's important to include all reasons in your BOC.
Update your BOC
Make the changes or additions on your copy of the BOC you submitted. Cross out the things you want to change and underline the things you want to add. If you have a lot of information to add, write everything on a separate page and underline it.
You must sign and date each page of the BOC that you changed. You must also sign and date a declaration that says that the BOC and the changes in it are true, complete, and correct.
If you used an interpreter to change your BOC, the interpreter must also sign and date a declaration that they interpreted the entire revised BOC and that you understood it.
Give the Refugee Board the signed pages from your copy of the original BOC as well as a copy of each page that has any changes or additions. Keep a copy of the changes for yourself.