They will issue conditional removal order during your eligibility interview, that order will change if you have negative decision and you have not exhausted appeal option,then you will need to leave Canada. So AOC will do nothing until your hearing
HELP PLZZZ Refugee claim, study permit and work permit
- Thread starter Soheilnazari
- Start date
If you have negative decision, did not appeal within required time and have valid study permit, you will be removed from Canada. Removal order will override your temporary status, in this case your valid study permit.
He is in Canada, i dont think there is other option for him if he wants to make a claim
Well problem is my case is a bit complicated, im a overstay and i was initially applying through common law sponsorship but then she withdraw and sort of left me hanging so my lawyers told me best option is refugee claim and now i realized that once i submit my refugee claim they will issue a removal order as well untill my hearing or eligibility interview now the part where i have hope is that once i get my AOC i can be able to apply for study permit as based on what i read online , all i need is acceptance letter from university which i will have in next few weeks that way at least i will have a valid status in canada and im not sure how long it takes for my work permit to come as i need to work to provide for myself , so im hoping if godforbid if i get negative decisions on my hearing at least i have a study permit so i can apply through economic program since i will be finishing my school by that time as only i have one year left. Im so anxious and nervous i barely can sleep, my best option was common law sponsorship as we lived together for three years and we had all the documents but cant blame her so im really stuck and im hoping my lawyers can help me
Again having valid Study Permit does not mean it freezes removal order incase you have negative decision and you did not appeal. Another issue is, based on your immigration history, and the fact that your partner withdrew spousal sponsorship and have overstay in Canada may interest Minister to intervene in your claim. As you said, this is your only option to remain in Canada and looks you are not genuine asylum seeker. You need to be well informed of all options....From previous posts, looks like you overstayed in Canada for almost 5years, you will need to overcome integrity check
That is correct and we didnt submit the spousal sponsorship, we were literally a week a away from submitting it when shit went down and she decided to withdraw. But my lawyers are confident they can get it approved based on obviously situations i have back home that i cant go back however i do agree that the overstay is gonna be a challenge but my lawyers told me the eligibility interview is just a formality and confirms i can make refugee claim the hard part is the hearing part. But i wanna is it after the eligibility interview that i can get my work permit or study permit or once i get my AOC
To Lawyers; thats their business, Many lawyers dont refuse case, unless he is extremely overload with files. But also, I am not suggesting there is no chances at all, i want you understand issues that will arise during your refugee claim, plus having study permit does not stop removal order, NO..If removal order is active, they can remove you. Once you receive removal order, you can not legally stay in Canada, unless you apply for stay order. As you overstayed for 5yrs, You should be curious to find out if there is any redflag in your profile or if they put you on RCMP list. However there is recourse if you have spouse or for humanitarian asylum seeker. Legitimize your stay as Asylum seeker after 5yrs, you need good lawyer! If you dont mind, which Country are you from?
Hi
1. Bingo! Lawyers get paid win or lose, so they will tell you what you want to hear.
That's my point, if already in Canada then seeking another option is better. For instance completing his studies then getting WP and then apply for Express Entry.
I know lawyers dont refuse case and im fully aware thats their business to make money but i got no choice because im case isnt straight forward, in fact before any of this problem , i always did my immigration stuff my self such visa or work permit and study permit but bc of my overstay and the refeguee case i need a lawyer, i need really good one which i have , i did some research in canadian bar associations (CBA) and she was one of the top in canada with 30 years experience in refugee cases in fact she only takes complicated cases like me or refguee as she has high successful rate above 90% i think she only had few failed refugee cases through out her 30, years career
Now regarding my case , lawyers are planning to use narrative of religious view which one of the big reasons of refugees given im originally from iran and i dont practice islam , in fact i dont believe in it and the punishment is simply death, and the other narrative is mandatoy military service which i did not go to and for obvious reason i cant really go into details of that and there are few other narratives that shes gonna use but i know the hard is overstay ,
Now i dont think i have redflags or being on RCMP list because by now they would have came after me , so i dont think there is any redflags in the system
And im originally from Iran
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I cant study without study permit if they find out then im fucked more. And thats why im going to ask my lawyer once i get my AOC can i apply for study permit or i have to wait after eligibility interview cuz that way i can do something positive and be optimistic thats all i can do
Don't worry, even if you don't get the interview, there are other ways to stay. Relax. That's what we all do.
While submitting your BOC you can choose Study and Work permits both on the form, but you have to wait until your eligibility is done, after that you will get them or they will tell you to re-apply separately at the interview.