Urgent issue: Super visa and wanting to apply for refugee.

[canuck78]

Hi guys can we claim refugee on supervisa entry thnx

Would suggest meeting with a few Canadian immigration lawyers with your proof of persecution to see if they feel your parents have a strong case for asylum. Did you get PR based on asylum? There are serious consequences if they get denied asylum. If denied, they will likely struggle to visit Canada and other countries. They have a supervisa so they are able to stay in Canada for at least 2 years.

Looking at your prwvious posts it appears as though your mother may have been in Canada for almost 2 years already. Is that correct?

 

[salman tarar]

I came as immigrant my wife sponsored me my mother left canada after almost 5 months stay almost more than 2 years ago nkw she is in ber native country and facing some threats being living all alone in her house as my father has already died...what you suggest in such condition

 

[scylla]

I came as immigrant my wife sponsored me my mother left canada after almost 5 months stay almost more than 2 years ago nkw she is in ber native country and facing some threats being living all alone in her house as my father has already died...what you suggest in such condition

Maybe another super visa? It sounds like your mother was in Canada on a super visa before. So that would be a good path again.

Are you an only child? Do you have any siblings?

 

[salman tarar]

she just came one time on supervisa for almost 5 months now for almost 26 months in native country..my sisters are married and living with their husbands..have one brother living in itly with his family...she is alone in house

 

[scylla]

she just came one time on supervisa for almost 5 months now for almost 26 months in native country..my sisters are married and living with their husbands..have one brother living in itly with his family...she is alone in house

I would bring her to Canada on a super visa and then once the parent / grandparent sponsorship program opens, submit an entry into the lottery and hope you are selected as a sponsor (then you can sponsor her for PR).

H&C is not a very good option since you aren't an only child.

 

[salman tarar]

to submit an entry into lottery you need a income proof which I will not meet?

 

[scylla]

to submit an entry into lottery you need a income proof which I will not meet?

Yes, you need to meet the income requirements for three years in a row. You can combine your income with your spouse's.

 

[salman tarar]

even combine income we did not meet whats the other options than this?

 

[scylla]

even combine income we did not meet whats the other options than this?

She can apply for refugee status once in Canada. However to be approved she will need to provide strong evidence to prove why she has a case for asylum. What evidence does she have?

As mentioned above, your H&C case isn't going to be the strongest because you aren't an only child. But no one is stopping you from giving that a try.

Best option would be to find a way to increase your income so that you can qualify to sponsor her through the parent / grandparent sponsorship program.

 

[salman tarar]

I have only evidence which is police complaint by her that some people entered in the house finding me alone and threat to do some wrong acts is it enough?

 

[zak86]

I have only evidence which is police complaint by her that some people entered in the house finding me alone and threat to do some wrong acts is it enough?

it is not enough you need to prove that she is in real danger police report itself has no probative value. people got rejected even with 5 10 police reports so you need strong evidence either she will lose her Super visa and a chance to come back to Canada ever again. so think 1000 times before moving. IRB is very strict in deciding cases they have no emotions about age etc so don't fall into a trap think wisely.. either keep her on a super visa instead Asylum as chances can be less.

 

[canuck78]

I have only evidence which is police complaint by her that some people entered in the house finding me alone and threat to do some wrong acts is it enough?

You need proof that she is being persecuted not that she may have been a victim of an attempted robbery once. She has children in the country so she will be challenged as to why she couldn’t move closer to her children if she feels unsafe alone. There is also the option of moving into a more secure neighbourhood or an apartment with neighbours closeby. Asylum requires a very specific ongoing threat throughout the whole country where the local police/government are unable to provide protection. If you want more advice about her chances I would meet with a few immigration lawyers. Anyone assuring you that she will be approved without issue just wants your money. You want someone going through positives and negatives or her file and the longterm consequences if she is denied asylum in Canada.

 

[canuck78]

I have only evidence which is police complaint by her that some people entered in the house finding me alone and threat to do some wrong acts is it enough?

One of the things that will likely come up in a potential asylum claim is whether she tried to relocate to another are in Pakistan. Whether she attempted to move to live closer to her children will always be an issue. In general you have to show that you have sought out safety in other areas of your home country either within a city or a country. The other thing that should be shown is that you tried to put up deterrents like floodlights, security cameras, etc. to protect her home. All can be obtained at a very reasonable cost. What types of threats were uttered? That would also impact an asylum claim.

 

[jeenu123]

Thanks. I am just very worried.
What if the IRB member says that since u r on super visa u can exit and enter the country again after 2 yrs. Why r u filing for refugee then. The thing is super visa is a temporary status at the end of the day. I also know that once a refugee claim is denied u r deported and forever barred from entering canada unless u get an ARC. The whole situation is very worrying.
Do u know of any successful refugee claimants who came thru super visa?

hi there, We are in similar situation. Please advise me if you get an success & how. I am too worried about my family in home country. Please please please reply

 

[canuck78]

hi there, We are in similar situation. Please advise me if you get an success & how. I am too worried about my family in home country. Please please please reply

Based on your previous posts you are just looking for any option to get your family status in Canada. You didn’t mention any threats when you were trying to apply for a TRV for your sister or looking at PGP or H&C. Your family would need to be in Canada to apply for asylum so getting a TRV is still the problem. They would also have to proof that they are at risk throughout the whole country. Have they had to flee to another country? Have they been declared a refugee by UNHCR? In very specific cases they may be eligible for private refugee sponsorship but it appears this has more to do with wanting family reunification than fear of persecution.