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Claimant Refugee US child rejected , please help

Aboje

Full Member
May 6, 2023
33
11
Ontario
We entered through Roxham Road, applied for asylum, my wife and I were accepted and received travel documents. However, our son's asylum request was denied. Nevertheless, we included him in our PR application and received an AOR. Will our son be granted PR with us or at a later time?
I urgently need to travel outside of the country. How can I retrieve my US son's passport and travel with him and return to Canada since I was told that if my son leaves Canada before obtaining PR, he will be prohibited from returning?
Is there any similar case or any way to handle this situation?
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
We entered through Roxham Road, applied for asylum, my wife and I were accepted and received travel documents. However, our son's asylum request was denied. Nevertheless, we included him in our PR application and received an AOR. Will our son be granted PR with us or at a later time?
I urgently need to travel outside of the country. How can I retrieve my US son's passport and travel with him and return to Canada since I was told that if my son leaves Canada before obtaining PR, he will be prohibited from returning?
Is there any similar case or any way to handle this situation?
Not surprising that your child was denied asylum as a US citizen. You’ll need to contact CBSA to get your son’s passport. You’ve been correctly advised if her leaves Canada there is a good chance that he won’t be let back in. He is in Canada without status at the moment. He may also need private health insurance and even a study permit to attend school in some provinces and school districts.
 
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Aboje

Full Member
May 6, 2023
33
11
Ontario
Not surprising that your child was denied asylum as a US citizen. You’ll need to contact CBSA to get your son’s passport. You’ve been correctly advised if her leaves Canada there is a good chance that he won’t be let back in. He is in Canada without status at the moment. He may also need private health insurance and even a study permit to attend school in some provinces and school districts.
Thank you for nice advice
Can I renew federal insurance for him

can he go to school
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
Thank you for nice advice
Can I renew federal insurance for him

can he go to school
No your child does not qualify for IFHP and likely doesn’t qualify for provincial healthcare (depends on the province) if you qualify for provincial healthcare. You’ll likely need to pay for healthcare and you can try to take out a private policy for emergencies but normally the policies need to be purchased before coming to Canada. Their ability to attend school without a study permit and paying fees depends on the school board.
 
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Onejourney

Star Member
Oct 21, 2021
52
7
We entered through Roxham Road, applied for asylum, my wife and I were accepted and received travel documents. However, our son's asylum request was denied. Nevertheless, we included him in our PR application and received an AOR. Will our son be granted PR with us or at a later time?
I urgently need to travel outside of the country. How can I retrieve my US son's passport and travel with him and return to Canada since I was told that if my son leaves Canada before obtaining PR, he will be prohibited from returning?
Is there any similar case or any way to handle this situation?

[/QUOTE/
For school until end of highschool they can attend.
As for health card try to find out the provincial requirements. Some of this information is not readily available online. So that you dont give yourself undue stress.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
The ability to attend school without a permit is dependent on the school board. Some school boards/locations are sanctuary cities while some are not. Whether the child qualifies for healthcare in the province can be found online. The fact that the child is without status is what also complicates things. To qualify for a health card you normally have to have some sort of status in Canada. The ability to obtain a health card depends on the province but also depends on the person helping you apply for a health card. Some have managed to get a health card because people aren’t always familiar with eligibility requirements that they may not see on a regular basis.
 

Shenick77

Full Member
Jun 8, 2020
44
14
@Aboje i see I allot of incorrect guidance you are receiving. I’m a protective person my American minor was always denied on my refugee claim. I will try to share what I know based on the important issue you brought up.
1) Health care- your child is eligible for health care, you need to apply for a study permit. I had a study permit issue for my son after his refugee case denial.
2) register for school- most provinces would allow to register based on parents status, if you put in for a study permit and have the submission letter you can use that along with your the partner documents and take the PR submission letter.
3) leaving the country - I’ve requested for my son passport back numerous of time and the indicated it won’t be return until he is PR.
I’m going yo make a bold move and will update on my findings as I’ve gotten multiple response from IRCC, CBSA and US boarder control. We are traveling yo the nearest US boarder by land for vacation. I have a US Visa since he’s under 16 he can travel between boarder with birth certificate and and ID.
I’ll update if I have any issues returning him to Canada. In the main time his passport is expiring in 3 months and I will be renewing his passport I spoke to US passport office and explain I do not have his old passport Canada immigration has it. They gave me steps on how to reapply for it.

reapply for passport- please speak to lawyer as ever situation is different and my son has dual citizenship in my home country aswell as the US. US gave me a form to fill out indicating that that passport is lost or stolen “ because I have request for the return of passport and have been denied the rights to get it back over that passed 1.5 years. “ the US will issue the passport back.
Please note requesting back it goes in an international database that will set alarm to Canada immigration. Since the processing time for refugee Dependent is 45 months. I’m more concern with my son having his identity as he will be preparing for university in the next two years and would have no need for Canada PR.

I hope this was a little helpful and if you need any help based on my personal experience I’m willing to share some insight.
 

Onejourney

Star Member
Oct 21, 2021
52
7
@Aboje i see I allot of incorrect guidance you are receiving. I’m a protective person my American minor was always denied on my refugee claim. I will try to share what I know based on the important issue you brought up.
1) Health care- your child is eligible for health care, you need to apply for a study permit. I had a study permit issue for my son after his refugee case denial.
2) register for school- most provinces would allow to register based on parents status, if you put in for a study permit and have the submission letter you can use that along with your the partner documents and take the PR submission letter.
3) leaving the country - I’ve requested for my son passport back numerous of time and the indicated it won’t be return until he is PR.
I’m going yo make a bold move and will update on my findings as I’ve gotten multiple response from IRCC, CBSA and US boarder control. We are traveling yo the nearest US boarder by land for vacation. I have a US Visa since he’s under 16 he can travel between boarder with birth certificate and and ID.
I’ll update if I have any issues returning him to Canada. In the main time his passport is expiring in 3 months and I will be renewing his passport I spoke to US passport office and explain I do not have his old passport Canada immigration has it. They gave me steps on how to reapply for it.

reapply for passport- please speak to lawyer as ever situation is different and my son has dual citizenship in my home country aswell as the US. US gave me a form to fill out indicating that that passport is lost or stolen “ because I have request for the return of passport and have been denied the rights to get it back over that passed 1.5 years. “ the US will issue the passport back.
Please note requesting back it goes in an international database that will set alarm to Canada immigration. Since the processing time for refugee Dependent is 45 months. I’m more concern with my son having his identity as he will be preparing for university in the next two years and would have no need for Canada PR.

I hope this was a little helpful and if you need any help based on my personal experience I’m willing to share some insight.
Hi Thanks for posting your experiences. I am a protected person in Montreal, QC my children are American.
My children were able to get access to health care without a study permit.Just Needed to show that they had resided in QC for a certain amount of time. Not sure which province the OP resides in.
Please keep us updated on your experience returning to Canada with your kids.
Also can you explain the process of obtaining a U.S visa as a protected person. Thanks
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
@Aboje i see I allot of incorrect guidance you are receiving. I’m a protective person my American minor was always denied on my refugee claim. I will try to share what I know based on the important issue you brought up.
1) Health care- your child is eligible for health care, you need to apply for a study permit. I had a study permit issue for my son after his refugee case denial.
2) register for school- most provinces would allow to register based on parents status, if you put in for a study permit and have the submission letter you can use that along with your the partner documents and take the PR submission letter.
3) leaving the country - I’ve requested for my son passport back numerous of time and the indicated it won’t be return until he is PR.
I’m going yo make a bold move and will update on my findings as I’ve gotten multiple response from IRCC, CBSA and US boarder control. We are traveling yo the nearest US boarder by land for vacation. I have a US Visa since he’s under 16 he can travel between boarder with birth certificate and and ID.
I’ll update if I have any issues returning him to Canada. In the main time his passport is expiring in 3 months and I will be renewing his passport I spoke to US passport office and explain I do not have his old passport Canada immigration has it. They gave me steps on how to reapply for it.

reapply for passport- please speak to lawyer as ever situation is different and my son has dual citizenship in my home country aswell as the US. US gave me a form to fill out indicating that that passport is lost or stolen “ because I have request for the return of passport and have been denied the rights to get it back over that passed 1.5 years. “ the US will issue the passport back.
Please note requesting back it goes in an international database that will set alarm to Canada immigration. Since the processing time for refugee Dependent is 45 months. I’m more concern with my son having his identity as he will be preparing for university in the next two years and would have no need for Canada PR.

I hope this was a little helpful and if you need any help based on my personal experience I’m willing to share some insight.
1. once your child is rejected they may be eligible for healthcare it is very dependent on the province and whether the parent is working. Also depends on whether the child has visitor status or is without status.
2.Again this is dependent on the school board. Some school boards are sanctuary cities. Whether a parent is currently working may also be a factor. Many school boards are not very educated on immigration policies so policies are not always enforced or enforced correctly. If you have a study permit you will also have to pay international fees but that would be a legal way for your child to remain in Canada legally.


3. It is a HUGE risk to leave Canada when you are a rejected asylum claimant and are living in Canada without status. What will you do if your child is refused entry to Canada after your vacation. If you had a previous US visa there is a good chance it was cancelled after you claimed asylum in Canada. Canada and US share immigration information and many must reapply for a new US B1/B2 after applying for asylum. I would suggest verifying that your visa hasn’t been cancelled electronically.
 

Shenick77

Full Member
Jun 8, 2020
44
14
Hi Thanks for posting your experiences. I am a protected person in Montreal, QC my children are American.
My children were able to get access to health care without a study permit.Just Needed to show that they had resided in QC for a certain amount of time. Not sure which province the OP resides in.
Please keep us updated on your experience returning to Canada with your kids.
Also can you explain the process of obtaining a U.S visa as a protected person. Thanks
Ok that's great to know and incase anyone was curious my experience with Health care and school board is from Ontario and now we are in Alberta. I will update on how the boarding crossing goes.
 

Shenick77

Full Member
Jun 8, 2020
44
14
Hi Thanks for posting your experiences. I am a protected person in Montreal, QC my children are American.
My children were able to get access to health care without a study permit.Just Needed to show that they had resided in QC for a certain amount of time. Not sure which province the OP resides in.
Please keep us updated on your experience returning to Canada with your kids.
Also can you explain the process of obtaining a U.S visa as a protected person. Thanks
US VISA- Disclaimer "I applied to the embassy in Toronto. Everyone experience is different for mine, because of my country of birth we have strong ties with the US. I have over 20 year plus of travel Experience and I've always held a US visa from birth"

The process was easy
1- I had a valid visa in my country passport ( I had a picture of it)
2- I filled out the application online and went to the Visa appointment.
3- I took AOR letter, Job letter, recent paystub, Recent bank statement, NOD, Work permit.
The only document the ask for was the NOD when I got to the immigration office.
He ask where I worked, If I had my PR as yet and then explain the next process. Because I had a US visa they needed to cancel the valid visa which took about 48 hours and they issued me a new 10 year in my RTD.
My RTD is only valid for two year as im still waiting on my PR. He explained when I get my next RTD make sure I have the old one with the visa when traveling to the US. The interview process was less than 10 minutes.

First trip to the US on RTD and Visa. I left from Edmonton Airport and arrived in Las Vegas. The office had small talk about the weather and told me to enjoy my trip.

I hope this information was helpful
 

Shenick77

Full Member
Jun 8, 2020
44
14
1. once your child is rejected they may be eligible for healthcare it is very dependent on the province and whether the parent is working. Also depends on whether the child has visitor status or is without status.
2.Again this is dependent on the school board. Some school boards are sanctuary cities. Whether a parent is currently working may also be a factor. Many school boards are not very educated on immigration policies so policies are not always enforced or enforced correctly. If you have a study permit you will also have to pay international fees but that would be a legal way for your child to remain in Canada legally.


3. It is a HUGE risk to leave Canada when you are a rejected asylum claimant and are living in Canada without status. What will you do if your child is refused entry to Canada after your vacation. If you had a previous US visa there is a good chance it was cancelled after you claimed asylum in Canada. Canada and US share immigration information and many must reapply for a new US B1/B2 after applying for asylum. I would suggest verifying that your visa hasn’t been cancelled electronically.

I guess everyone is different my son has held a student permit since even as a refugee claimant, when he was denied he was issued another study permit when I got my new work permit. I've never paid internationally school fee, He has attended Toronto School board, Peel School Board Toronto Catholic school board and now we are in Edmonton public school board. So may there is some missed conception are we have are an exception to the rules... IDK but just speaking on my actual experience and not what I heard from someone else.

As for 3.

I indicated that my son have a study permit so he has status. Ive also committed below about my Visa experience and as mention above im speaking about my actual experience not hear say or assumption.
 

himankkohli6

Hero Member
Jun 2, 2023
458
55
We entered through Roxham Road, applied for asylum, my wife and I were accepted and received travel documents. However, our son's asylum request was denied. Nevertheless, we included him in our PR application and received an AOR. Will our son be granted PR with us or at a later time?
I urgently need to travel outside of the country. How can I retrieve my US son's passport and travel with him and return to Canada since I was told that if my son leaves Canada before obtaining PR, he will be prohibited from returning?
Is there any similar case or any way to handle this situation?
Hey can you please share your timeline when you applied for your pr and how much time it took to get your aor please tell it’s urgent
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
I guess everyone is different my son has held a student permit since even as a refugee claimant, when he was denied he was issued another study permit when I got my new work permit. I've never paid internationally school fee, He has attended Toronto School board, Peel School Board Toronto Catholic school board and now we are in Edmonton public school board. So may there is some missed conception are we have are an exception to the rules... IDK but just speaking on my actual experience and not what I heard from someone else.

As for 3.

I indicated that my son have a study permit so he has status. Ive also committed below about my Visa experience and as mention above im speaking about my actual experience not hear say or assumption.
It depends on the school board. Some boards are ”sanctuary boards” and overlook a child’s immigration status while others aren’t. People have encountered issues in Alberta. For example it is discovered that the child was attending school on a TRV and was requested to get a study permit. After receiving a study permit family was surprised that they were expected to pay international fees. The child did not return to school. The rules are enforced inconsistently even between boards. If you produced a WP and proof of employment the board may think you are just on a WP. Many are not very knowledgeable about immigration thus inconsistent enforcement even within some boards. Alberta gives out healthcare to families much easier than other provinces like access to the whole family during sponsorship while others do not. Alberta does have the longest residency obligation to receive healthcare though. Every province is different and every city and school board is different.
 

Newday8765

Star Member
Mar 11, 2022
137
44
We entered through Roxham Road, applied for asylum, my wife and I were accepted and received travel documents. However, our son's asylum request was denied. Nevertheless, we included him in our PR application and received an AOR. Will our son be granted PR with us or at a later time?
I urgently need to travel outside of the country. How can I retrieve my US son's passport and travel with him and return to Canada since I was told that if my son leaves Canada before obtaining PR, he will be prohibited from returning?
Is there any similar case or any way to handle this situation?
Hello, any updates regarding your child’s PR application? I am in the same situation and not sure if they are going to process his PR with my application. Thank you!