Withdrawal of application as refugee claimant

[Janna2020]

Good day to all!
My friend has a pending application as a refugee claimant, he has a pr gf here in canada and they had a child. His case as refugee is hopeless as his consultant or counsel died recently. His partner wants to sponsor him under common-law partner.
My question is, what will happen if he withdraw his application as refugee claimant and pursue the application for sponsorship? Will he still received a departure order?
I hope someone will enlighten us. Thank you in advance.

 

[jane66]

I found sth like this,

https://www.settler.ca/english/withdraw-refugee-claim-canada/

Better to ask a lawyer I guess

 

[scylla]

Good day to all!
My friend has a pending application as a refugee claimant, he has a pr gf here in canada and they had a child. His case as refugee is hopeless as his consultant or counsel died recently. His partner wants to sponsor him under common-law partner.
My question is, what will happen if he withdraw his application as refugee claimant and pursue the application for sponsorship? Will he still received a departure order?
I hope someone will enlighten us. Thank you in advance.

Don't withdraw. Yes, this will activate the departure order. Assuming he is either married or common law, have the gf submit the sponsorship application. That application will likely take around a year to process. Don't withdraw the refugee application until PR is approved through spousal Sponsorship.

 

[ref19to22]

I agree with @scylla do not withdraw your refugee application under any circumstance unless you have CONFIRMED another route for immigration (ie. when sponsorship/PR is approved through sponsorship or another means). Also your friend can find another lawyer through Legal Aid if they are eligible for that. I would also find a free legal advice clinic to further guide your friend (like The519 in Toronto).

 

[Janna2020]

Thank you for all the replies.. what if they will withdraw the the application for refugee after they submit their application for sponsorship, will it hold the departure order? The application for refugee is alread in RPD and he already have a schedule of hearing next month.

 

[ref19to22]

Thank you for all the replies.. what if they will withdraw the the application for refugee after they submit their application for sponsorship, will it hold the departure order? The application for refugee is alread in RPD and he already have a schedule of hearing next month.

I believe submitting a sponsorship application will not hold a a departure order

 

[scylla]

Thank you for all the replies.. what if they will withdraw the the application for refugee after they submit their application for sponsorship, will it hold the departure order? The application for refugee is alread in RPD and he already have a schedule of hearing next month.

Bad idea. The sponsorship application doesn't automatically hold the departure order. People can still be removed under these circumstances. As already said, keep the refugee application active until PR is approved through spousal sponsorship.