Spouse of asylum claimant applying to economic pathway

[yakuza93]

Hi all,

I hope you can help me this. Can a spouse of a refugee claimant apply to an economic pathway? Last year it was an imperative for me to leave my home country as it was a question of survival, but I left my wife behind. As trained physician we were planning of increasing our score to apply for an economic pathway before things suddenly turned south for me and home was no longer safe. I would like to know if she can still apply? I am asking because I know my status as a refugee claimant can disqualify us to many programs but I have no ideas to which extent. So please if someone has the answer to these questions I would appreciate your help.

Thank you

 

[scylla]

Hi all,

I hope you can help me this. Can a spouse of a refugee claimant apply to an economic pathway? Last year it was an imperative for me to leave my home country as it was a question of survival, but I left my wife behind. As trained physician we were planning of increasing our score to apply for an economic pathway before things suddenly turned south for me and home was no longer safe. I would like to know if she can still apply? I am asking because I know my status as a refugee claimant can disqualify us to many programs but I have no ideas to which extent. So please if someone has the answer to these questions I would appreciate your help.

Thank you

It will not be possible to the best of my knowledge as a result of your status in Canada. Both the primary applicant and all dependents must meet admissibility requirements.

 

[yakuza93]

It will not be possible to the best of my knowledge as a result of your status in Canada. Both the primary applicant and all dependents must meet admissibility requirements.

Thank you for your response. I thought inadmissibility in this case would only concern temporary immigration like visitor visa, study permit or some work permit as my status would clearly let the officer knows my wife has strong reasons to not go back.
So following what you said, a protected person who does not include their spouse when applying for PR (as it is optional and they even say you can remove this person to your application until they receive PR) would imply this person could NEVER immigrate to Canada unless its through the principal applicant(the refugee claimant)?

 

[scylla]

Thank you for your response. I thought inadmissibility in this case would only concern temporary immigration like visitor visa, study permit or some work permit as my status would clearly let the officer knows my wife has strong reasons to not go back.
So following what you said, a protected person who does not include their spouse when applying for PR (as it is optional and they even say you can remove this person to your application until they receive PR) would imply this person could NEVER immigrate to Canada unless its through the principal applicant(the refugee claimant)?

No, I wouldn't agree with that at all.

Let's say the individual with the asylum claim does not include their spouse in their application, their claim is accepted, and they becomes a PR. The inadmissibility issue is then resolved and there's nothing stopping the spouse from applying for PR through an economic immigration stream.

 

[scylla]

Thank you for your response. I thought inadmissibility in this case would only concern temporary immigration like visitor visa, study permit or some work permit as my status would clearly let the officer knows my wife has strong reasons to not go back.
So following what you said, a protected person who does not include their spouse when applying for PR (as it is optional and they even say you can remove this person to your application until they receive PR) would imply this person could NEVER immigrate to Canada unless its through the principal applicant(the refugee claimant)?

To address the first part of your question, the primary applicant and/or dependent must have valid status in Canada (if they are in Canada) to qualify for PR under an economic immigration stream. Those under a refugee claim do not fit this criteria since they are under a removal order.

 

[yakuza93]

To address the first part of your question, the primary applicant and/or dependent must have valid status in Canada (if they are in Canada) to qualify for PR under an economic immigration stream. Those under a refugee claim do not fit this criteria since they are under a removal order.

So does that means my wife is technically a refugee claimant even though she hasn't claimed refugee status? Basically she can not apply to any of the streams until I am approved as a protected person or removed to Canada, did I get it right?

 

[scylla]

So does that means my wife is technically a refugee claimant even though she hasn't claimed refugee status? Basically she can not apply to any of the streams until I am approved as a protected person or removed to Canada, did I get it right?

No, your wife is not a refugee claimant.

It's not about her status. It's about your status in Canada. You must be included in the application as her spouse - your spouse cannot exclude you from the application. Your status is the issue for economic immigration. Because you don't qualify, your spouse's application cannot be approved.

This is my understanding of the rules. You may want to verify this with an immigration lawyer.

 

[yakuza93]

No, your wife is not a refugee claimant.

It's not about her status. It's about your status in Canada. You must be included in the application as her spouse - your spouse cannot exclude you from the application. Your status is the issue for economic immigration. Because you don't qualify, your spouse's application cannot be approved.

This is my understanding of the rules. You may want to verify this with an immigration lawyer.

OH! Now I understand. That is great explanation, Thank you!!

One more question please, Can she apply after I get a positive decision to my case or until I have PR?

 

[scylla]

OH! Now I understand. That is great explanation, Thank you!!

One more question please, Can she apply after I get a positive decision to my case or until I have PR?

Sorry, that last question I can't answer. I'm not sure.

 

[canuck78]

Hi all,

I hope you can help me this. Can a spouse of a refugee claimant apply to an economic pathway? Last year it was an imperative for me to leave my home country as it was a question of survival, but I left my wife behind. As trained physician we were planning of increasing our score to apply for an economic pathway before things suddenly turned south for me and home was no longer safe. I would like to know if she can still apply? I am asking because I know my status as a refugee claimant can disqualify us to many programs but I have no ideas to which extent. So please if someone has the answer to these questions I would appreciate your help.

Thank you

Do you have a hearing scheduled yet? Moving to Canada as an IMG is not a great option unless you did your medical training in a few select countries. If you don’t get approved as a protected person your family should really consider other countries if your spouse wants to work as a physician.

 

[Simba112]

Thank you for your response. I thought inadmissibility in this case would only concern temporary immigration like visitor visa, study permit or some work permit as my status would clearly let the officer knows my wife has strong reasons to not go back.
So following what you said, a protected person who does not include their spouse when applying for PR (as it is optional and they even say you can remove this person to your application until they receive PR) would imply this person could NEVER immigrate to Canada unless its through the principal applicant(the refugee claimant)?

Is there any admissibility issue that may affect your spouse to apply for other economic program? I am looking for guidelines that automatic make your spouse inadmissible/Ineligible because of a Spouse of In Canada Refugee Claimant but i cant find one...Unless I am missing a point in this discussion, but my understanding is she can apply, adding you as dependant to avoid being subjected to sec 44 "Misrep" and officer will refer to guidelines processing application when one family member is ineligible/inadmissible...I may misunderstood the context, and may be wrong

 

[Canadian_rainbow]

Hi all,

I hope you can help me this. Can a spouse of a refugee claimant apply to an economic pathway? Last year it was an imperative for me to leave my home country as it was a question of survival, but I left my wife behind. As trained physician we were planning of increasing our score to apply for an economic pathway before things suddenly turned south for me and home was no longer safe. I would like to know if she can still apply? I am asking because I know my status as a refugee claimant can disqualify us to many programs but I have no ideas to which extent. So please if someone has the answer to these questions I would appreciate your help.

Thank you

Hi,
I don’t know if this helps you but I know a person who was refugee claimant. No hearing yet. And if you remember Canada had a program for health care workers. And she applied pr. She approved in very short time and they canceled their refugee claim with her partner. And now they travel to their home country. Without any problem.

 

[canuck78]

Hi,
I don’t know if this helps you but I know a person who was refugee claimant. No hearing yet. And if you remember Canada had a program for health care workers. And she applied pr. She approved in very short time and they canceled their refugee claim with her partner. And now they travel to their home country. Without any problem.

Are you referring to the Covid related scheme? That is a very specific situation and the person applying would have been in Canada. They were able to apply for TR to PR based on working as a healthcare worker during Covid for a certain period of time. This was a one time deal and the person applying would have already applied for asylum and that’s how they were able to get a WP and be living in Canada. This doesn’t apply to this situation.

 

[canuck78]

OH! Now I understand. That is great explanation, Thank you!!

One more question please, Can she apply after I get a positive decision to my case or until I have PR?

You have to assume that any form of temporary permit or visa will almost be impossible to get if your spouse has applied for asylum. You could try to secure PR through an economic pathway if your qualify. There would be quite a lot of things needed to be done like language testing before you could apply. You should also be looking at how difficult it is to practice medicine in Canada as an IMG. The majority of IMGs don’t get licensed in Canada. Many are also limited to family medicine if they get selected. If your goal is to keep practicing medicine you should be looking at other countries. For example I would look into the UK or Ireland if you are primary English speaking or even look into the US J1 visa may be an option. Really depends on where you did your training, where you have been practicing, etc.

 

[yakuza93]

You have to assume that any form of temporary permit or visa will almost be impossible to get if your spouse has applied for asylum. You could try to secure PR through an economic pathway if your qualify. There would be quite a lot of things needed to be done like language testing before you could apply. You should also be looking at how difficult it is to practice medicine in Canada as an IMG. The majority of IMGs don’t get licensed in Canada. Many are also limited to family medicine if they get selected. If your goal is to keep practicing medicine you should be looking at other countries. For example I would look into the UK or Ireland if you are primary English speaking or even look into the US J1 visa may be an option. Really depends on where you did your training, where you have been practicing, etc.

Is there any admissibility issue that may affect your spouse to apply for other economic program? I am looking for guidelines that automatic make your spouse inadmissible/Ineligible because of a Spouse of In Canada Refugee Claimant but i cant find one...Unless I am missing a point in this discussion, but my understanding is she can apply, adding you as dependant to avoid being subjected to sec 44 "Misrep" and officer will refer to guidelines processing application when one family member is ineligible/inadmissible...I may misunderstood the context, and may be wrong

That is why I came here to see if there has been similar cases shared on this forum in the past because I have looked everywhere and I do not find nothing that would make her ineligible for an economic stream. I know my lawyer will not answer the question without $$ that is why I came here