International Student Claimed Refugee.

[Ali565600]

Hello there, I am an international student in Canada. I'm 17 years old, I came here last August. While I believe my refugee claim to be right, I want to ask about some things.
1. Is my study permit already cancelled although I applied only 6 days ago and didn't do my medical test yet?
2. Is it possible to cancel the refugee claim and continue my status in Canada as a student this early in the claim?
3. How would I go about canceling the refugee claim?
4. If I choose to go on with the claim, and grt rejected, do I get my documents back?
Thank you!

 

[Captain911]

Hello there, I am an international student in Canada. I'm 17 years old, I came here last August. While I believe my refugee claim to be right, I want to ask about some things.
1. Is my study permit already cancelled although I applied only 6 days ago and didn't do my medical test yet?
2. Is it possible to cancel the refugee claim and continue my status in Canada as a student this early in the claim?
3. How would I go about canceling the refugee claim?
4. If I choose to go on with the claim, and grt rejected, do I get my documents back?
Thank you!

hello

1-probably you can continue to study until hearing if your study permit due date allows you.
2-its impossible. If you withdraw your application you should leave Canada.
3-you cant cancel it anymore.
4-if your application will be rejected, you can get your documents back and you should leave Canada or you can apply H&C in that time if you r qualified.

 

[Ali565600]

Two of your points do not add up.
So you are saying that I can continue studying until my study permit expires, but if I withdraw my application I have to leave immediately?
Its not logical that an application that was not filled properly and only submitted 6 days ago is impossible to go back on

 

[scylla]

Two of your points do not add up.
So you are saying that I can continue studying until my study permit expires, but if I withdraw my application I have to leave immediately?
Its not logical that an application that was not filled properly and only submitted 6 days ago is impossible to go back on

When you file a refugee claim, this puts a removal order in place against you. That removal order is put on hold while the refugee application is being processed. If the refugee claim is refused or you withdraw the refugee claim, then the removal order against you becomes active.

So this is why you can continue to study as long as you don't withdraw the refugee claim. If you withdraw the refugee claim, the removal order against you becomes active.

It may make sense for you to get a consult with an immigration lawyer given the questions you are asking.

 

[Ali565600]

I spoke to 3, and they said it's cancellable without the implications since it's this early on.

 

[scylla]

I spoke to 3, and they said it's cancellable without the implications since it's this early on.

Then I guess you can try it. I assume they think the removal order isn't in place yet. That's the gamble. I don't know how long it takes for the removal order to be put in place. Hopefully others can comment.

 

[jinglebell0123]

Then I guess you can try it. I assume they think the removal order isn't in place yet. That's the gamble. I don't know how long it takes for the removal order to be put in place. Hopefully others can comment.

in my case the removal order was placed and I signed it when I did my eligibility interview.

 

[canuck78]

I spoke to 3, and they said it's cancellable without the implications since it's this early on.

If it possible I would remove the refugee application. It is much easier to control your destiny as an international student versus a refugee. You are also a minor which will also have implications. Assume you have realized that if you claim asylum you can’t return to your home country until you receive Canadian citizenship and claiming asylum will likely make it more difficult for your family members to come to Canada on a temporary basis.

 

[adbcca]

As a minor with a valid refugee claim, you have a high chance, almost 100%, of getting a quick positive decision. My advice to you is to not cancel anything and to apply for PR after that.

good luck

 

[adbcca]

If it possible I would remove the refugee application. It is much easier to control your destiny as an international student versus a refugee. You are also a minor which will also have implications. Assume you have realized that if you claim asylum you can’t return to your home country until you receive Canadian citizenship and claiming asylum will likely make it more difficult for your family members to come to Canada on a temporary basis.

Be careful and don't listen to his advice.

 

[canuck78]

Be careful and don't listen to his advice.

You could also end up in foster care. There are consequences either way. We also have no idea when OP turns 18 or where they are from. If they got an study permit they are unlikely to be from a country with very high likelihood of claiming asylum.

 

[Simba112]

Hello there, I am an international student in Canada. I'm 17 years old, I came here last August. While I believe my refugee claim to be right, I want to ask about some things.
1. Is my study permit already cancelled although I applied only 6 days ago and didn't do my medical test yet?
2. Is it possible to cancel the refugee claim and continue my status in Canada as a student this early in the claim?
3. How would I go about canceling the refugee claim?
4. If I choose to go on with the claim, and grt rejected, do I get my documents back?
Thank you!

So do you hold Valid Temporary Status? In this case Study permit. I am confused on item 1 where you mentioned you applied 6days ago, which i assume you dont have Study permit yet. If the answer is yes, then you dont hold Valid Temporary Status to continue studies. Only exception is if you applied to extend before expiry or if you are taking short course after your refugee claim.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html

 

[Simba112]

As a minor with a valid refugee claim, you have a high chance, almost 100%, of getting a quick positive decision. My advice to you is to not cancel anything and to apply for PR after that.

good luck

I wouldnt give anyone 100% success rate, especially when poster isnt sure which path to take, either refugee or studies. Chairperson Guideline 3 provides more guidance.

https://irb.gc.ca/en/legal-policy/policies/Pages/GuideDir03.aspx

 

[cyberlink]

If they seized your passport, your student visa is canceled with prejudice and there is a removal order issued against you, as the time you withdraw the refugee claim it activates right away, so make sure you have your passport or they have it with a cancelled stamp on your visa.

 

[Simba112]

If they seized your passport, your student visa is canceled with prejudice and there is a removal order issued against you, as the time you withdraw the refugee claim it activates right away, so make sure you have your passport or they have it with a cancelled stamp on your visa.

Student visa remain active and valid when you make refugee claim. There is no provision that invalidate/cancell student visa/ WP after making claim. Removal order override both

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html