Spouse of asylum claimant applying to economic pathway

[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.

Please understand that we are not looking where it is easier to practice medicine, before the assassination attempt on me last year, my plan was to practice in my country where I could be 100x more useful to my community in that way but I had to escape. And this brought a lot of complications not only for me but also for my partner. She had a visa to come and work as research assistant in Canada but the visa was revoked after I made my claim, which is understandable. But now, as she is thinking of the next steps of her career, we want to know if my status in Canada could prevent her from being eligible for an economic stream.
We both Speak 4 languages including English, French and Spanish. We are in our late 20s and had the chance to do exchange programs at McGill university and hospitals in Ontario throughout med school. I am not saying it would be easy to get an invitation for PR but we had our chances as everyone else. Now because of unforeseen situations, I am a refugee claimant but I do not want this situation to destroy things that I spent years to build including my marriage. That is why I came here for help to know if she can apply to a program like express entry. Thank you

 

[Bornlucky]

Hi,

First, you get your best legal advice from a qualified lawyer.
Secondly, I don't pretend to stay current with IRPA, the Regulations or Policies.
Thirdly, I'll still have a go at the situation that you've described but absent any of the personal stuff because all of immigration is a technicality devised between beige walls in Ottawa.

A claimant for Protected Person (PP) status receives a Conditional Removal Order (RO) for seeking to remain in Canada without first receiving a Permanent Resident Visa.

The condition of the RO is that it disappears if the person is determined to require PP status by the Immigration and Refugee Board's Refugee Protection Division.

As the subject of a Conditional RO the claimant is inadmissible. If that person is inadmissible then so too is the spouse. The PP claim impedes the spouse with regard to Canada Immigration until it's resolved.

So, the refugee claim has to be resolved positively or the RO will become effective and further hinder the entire family. An ongoing removal process would begin and the RO would loom large. With a positive decision the successful claimant can include his family for processing toward Permanent Residence.

That was my understanding of the process many, many moons ago and if has changed then I haven't done anyone any favours.

I wish you and your partner the best of luck

 

[scylla]

Hi,

First, you get your best legal advice from a qualified lawyer.
Secondly, I don't pretend to stay current with IRPA, the Regulations or Policies.
Thirdly, I'll still have a go at the situation that you've described but absent any of the personal stuff because all of immigration is a technicality devised between beige walls in Ottawa.

A claimant for Protected Person (PP) status receives a Conditional Removal Order (RO) for seeking to remain in Canada without first receiving a Permanent Resident Visa.

The condition of the RO is that it disappears if the person is determined to require PP status by the Immigration and Refugee Board's Refugee Protection Division.

As the subject of a Conditional RO the claimant is inadmissible. If that person is inadmissible then so too is the spouse. The PP claim impedes the spouse with regard to Canada Immigration until it's resolved.

So, the refugee claim has to be resolved positively or the RO will become effective and further hinder the entire family. An ongoing removal process would begin and the RO would loom large. With a positive decision the successful claimant can include his family for processing toward Permanent Residence.

That was my understanding of the process many, many moons ago and if has changed then I haven't done anyone any favours.

I wish you and your partner the best of luck

This is my understanding as well. You've explained it better than I have.

 

[Simba112]

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

My advise is to pay lawyer for Consultation in this grey area. I have not yet seen a clause that deem Oversea Spouse of In-Canada Refugee Claimant Ineligible for other Economic Path, and I am not aware whether Voluntary Departure Order can trigger Inadmissibility for Oversea Spouse to apply in other Economic Programs.

 

[scylla]

My advise is to pay lawyer for Consultation in this grey area. I have not yet seen a clause that deem Oversea Spouse of In-Canada Refugee Claimant Ineligible for other Economic Path, and I am not aware whether Voluntary Departure Order can trigger Inadmissibility for Oversea Spouse to apply in other Economic Programs.

Agreed that OP needs to consult with an immigration lawyer. I think several of us have already suggested that.

 

[canuck78]

Please understand that we are not looking where it is easier to practice medicine, before the assassination attempt on me last year, my plan was to practice in my country where I could be 100x more useful to my community in that way but I had to escape. And this brought a lot of complications not only for me but also for my partner. She had a visa to come and work as research assistant in Canada but the visa was revoked after I made my claim, which is understandable. But now, as she is thinking of the next steps of her career, we want to know if my status in Canada could prevent her from being eligible for an economic stream.
We both Speak 4 languages including English, French and Spanish. We are in our late 20s and had the chance to do exchange programs at McGill university and hospitals in Ontario throughout med school. I am not saying it would be easy to get an invitation for PR but we had our chances as everyone else. Now because of unforeseen situations, I am a refugee claimant but I do not want this situation to destroy things that I spent years to build including my marriage. That is why I came here for help to know if she can apply to a program like express entry. Thank you

My understanding is if your spouse gets approved as a protected person then your could apply for express entry. Agree pay a lawyer for expert advice about your situation. The reality will be the separation for a period of time is inevitable. How long is dependent on many things. Being offered exchange programs doesn’t mean much. Canada offers medical students (and other fields) a chance to work and learn in Canada but usually with the understanding that they will bring the knowledge back to their home country. For example you could do a fellowship in Canada but you won’t be able to get licensed to work as a physician in Canada after the fellowship program unless you are from a very select number of countries. You could have to repeat your residency in many cases to qualify to work in Canada even if you finished a fellowship.

 

[Simba112]

My understanding is if your spouse gets approved as a protected person then your could apply for express entry. Agree pay a lawyer for expert advice about your situation. The reality will be the separation for a period of time is inevitable. How long is dependent on many things. Being offered exchange programs doesn’t mean much. Canada offers medical students (and other fields) a chance to work and learn in Canada but usually with the understanding that they will bring the knowledge back to their home country. For example you could do a fellowship in Canada but you won’t be able to get licensed to work as a physician in Canada after the fellowship program unless you are from a very select number of countries. You could have to repeat your residency in many cases to qualify to work in Canada even if you finished a fellowship.

No. Once Spouse gets approved as a Protected Person, He can not apply for express entry or other program since he/she is eligible as member of other class unless Minister issue exemption

[...] in a case where a foreign national is excluded from the family class by paragraph 117(9)(d) of the Regulations, different considerations apply. The exclusion from the family class means that unless the Minister is willing to exempt the foreign national from the requirement of applying as a member of a class, he or she will be ineligible for a permanent resident visa since it is unlikely that he or she will qualify for entry as a member of another class.

 

[canuck78]

No. Once Spouse gets approved as a Protected Person, He can not apply for express entry or other program since he/she is eligible as member of other class unless Minister issue exemption

[...] in a case where a foreign national is excluded from the family class by paragraph 117(9)(d) of the Regulations, different considerations apply. The exclusion from the family class means that unless the Minister is willing to exempt the foreign national from the requirement of applying as a member of a class, he or she will be ineligible for a permanent resident visa since it is unlikely that he or she will qualify for entry as a member of another class.

Are we not talking about the spouse who is living abroad? The spouse living abroad has not been granted protected person status