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Refugee status cessation and PRs applying for citizenship

Vicky1993

Full Member
Apr 28, 2018
25
5
I told you already humanitarian is different from refugee. You can go back to your country. If you really want a clarification then call the call centre tomorrow morning. They are open 7am. Ask them you just want to clarify. By the way what’s the reason for ur humanitarian if u don’t mind me asking. I’m a conventional or protected person.
can you give me the number of the call centre please?? The reason was based the best interest of our child actually. Because my husband he is from another country and we have a lot of racism in my country and my family wanted us to be separate. And because we had financially good establishment in Canada. The reason of the refugee status was refused is because we did not have risk of our lives we were not in danger that's why it was denied.
 

Vicky1993

Full Member
Apr 28, 2018
25
5
Nobody in this forum is qualified to give you a definitive answer to your question. You paid $300 to an immigration lawyer who couldn't give you an answer. That should be a bit of a red flag to you that at best, it's a muddy water situation. I agree with the previous posts that unless it's a life and death matter, unless it's something that you'd be willing to give up your status here whatever it is, unless it's something that warrants the RISK, then get citizenship first so that you won't be in jeopardy.
Thanks for your replying. No it is not urgent. Just my daughter who she is never been to my country wants this summer to travel there to see how is my country.I am 100% sure that i am not going to risk to loose my pr status. We have given a lot of money to the lawyer and we had a big fight through immigration to be legal in Canada. My lawyer he was not sure because he had never had clients through his whole career that they had issue with their citizenship with h&c status otherwise he told me they would have contacted with me but if i am not sure 100% i cannot risk it because my life is here and i cannot imagine living back again.
 

Vicky1993

Full Member
Apr 28, 2018
25
5
Thanks to everyone who replied to me about my concerns but i checked my email and i received a mail from the lawyer i went 2 days ago.I will copy it and i will post it for anyone who has the same concern with me.This is what he sent me after a research he did because i paid him and i left from his office with no answer and it was my lawyer from the whole immigration process we went through few years ago. (When it’s safer not to have refugee status:The purpose of refugee status in Canadian law is to provide protection to people who are not safe in their country of origin. The current use of cessation, however, means that refugee status is perversely a source of insecurity. A permanent resident who was admitted to Canada as a refugee can lose status if they return to their country of origin. On the other hand, their family members cannot lose status on such a basis, if they came as dependants, or were sponsored in the Family Class. A person who was accepted on humanitarian grounds has an advantage over a person who was found to be a refugee, because the former can’t lose permanent resident status if they visit their country of origin. The traditional understanding that refugee status is a protection against removal is turned on its head: having refugee status now actually makes a person more vulnerable to removal!)
 
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ImageOfLight

Star Member
Mar 14, 2018
77
37
The Interview went very smoothly and was short. We had all origional documents with us. our status has been changed to DM
Congratulations, in fact double congratulations. Things are looking really good for those in this boat.

Now if only the Mississauga office would get a move on with my Application.
 

dpenabill

VIP Member
Apr 2, 2010
6,438
3,183
Q1 2018 cessation numbers released today on IRB website, here is the link:
http://www.irb-cisr.gc.ca/Eng/RefClaDem/stats/Pages/RPDVacStat.aspx
Fifty new cessation proceedings in the first quarter of 2018 certainly signals that IRCC/CBSA/PUBLIC SAFETY are indeed actively screening and prosecuting cessation cases.

Very, very difficult, however, to discern what this means for PR-refugees generally or PR-refugees applying for citizenship, who have home country passport and some travel to the home country.

Reavailment is only ONE of the grounds for cessation, and while probably the more common one, it seems probable at least some of these cases are not reavailment cases.

There may be a significant difference in who, practically speaking, has more egregious cases.

Unfortunately this news tends to further elevate fear. BUT there may be a silver lining for those with citizenship applications which have been in process for some time: this news suggest that IRCC/CBSA/PUBLIC SAFETY are indeed proceeding with these cases, proceeding without delay, so those who have had their application in process for a good while may infer, optimistically, they are not targeted OTHERWISE they would already see a cessation proceeding started for them. Far, far short of strong assurance, let alone any guarantee, but my sense is that while this is NOT good news it is, thus, not all that bad either.

I continue to wish those on the cusp of this issue good luck.
 

LadyA

Star Member
Dec 21, 2017
107
76
Fifty new cessation proceedings in the first quarter of 2018 certainly signals that IRCC/CBSA/PUBLIC SAFETY are indeed actively screening and prosecuting cessation cases.

Very, very difficult, however, to discern what this means for PR-refugees generally or PR-refugees applying for citizenship, who have home country passport and some travel to the home country.

Reavailment is only ONE of the grounds for cessation, and while probably the more common one, it seems probable at least some of these cases are not reavailment cases.

There may be a significant difference in who, practically speaking, has more egregious cases.

Unfortunately this news tends to further elevate fear. BUT there may be a silver lining for those with citizenship applications which have been in process for some time: this news suggest that IRCC/CBSA/PUBLIC SAFETY are indeed proceeding with these cases, proceeding without delay, so those who have had their application in process for a good while may infer, optimistically, they are not targeted OTHERWISE they would already see a cessation proceeding started for them. Far, far short of strong assurance, let alone any guarantee, but my sense is that while this is NOT good news it is, thus, not all that bad either.

I continue to wish those on the cusp of this issue good luck.
Hello dpenabill. English is not my first language, that’s the reason why, I always read your posts 4 to 5 times. Hahaa. Thank you for your input.

Because I’m not fluent in English, I would like to make sure I understand. you say that « applicants in process for a good while, they are not targeted », right? Do you know how long it takes for starting, and processing a cessation? Don’t you think it’s the opposite: long time in process = they are looking for something , maybe cessation?
 
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dpenabill

VIP Member
Apr 2, 2010
6,438
3,183
Hello dpenabill. English is not my first language, that’s the reason why, I always read your posts 4 to 5 times. Hahaa. Thank you for your input.

Because I’m not fluent in English, I would like to make sure I understand. . . .
Sorry. I realize my writing style can be difficult to read even for those whose English is their first language. Long story highlighted by an ugly crash at the intersection of philosophy and jurisprudence, further skewed by an unhealthy preference for reading 19th century authors, fermented in studies over the course of more than a half century. Old dog dogged by deeply entrenched habits.

It often takes more time and effort than I can afford to trim my posts to make them more reader friendly. BUT obviously this is a subject which is more likely to be read by persons for whom English may not even be their second language. So I really should try harder.

Part of the problem, however, is that this subject is particularly complex. It can be difficult to break things down into more direct statements.

. . . you say that « applicants in process for a good while, they are not targeted », right? Do you know how long it takes for starting, and processing a cessation? Don’t you think it’s the opposite: long time in process = they are looking for something , maybe cessation?
I do not know for sure.

In previous posts I and others have discussed the likelihood that if IRCC is screening citizenship applicants for PR-refugees who *should* ("should" according to current Canadian government policy) be subject to cessation proceedings, that screening is likely done at Sydney prior to the transfer to the local office. That seems likely. We do not know for sure. Even if true that would not preclude a processing agent from later (later on in the process) identifying reasons for referring the applicant for cessation and doing that.

Thus, my sense is that those dealing with this issue can be optimistic if their application has passed the *In Process* stage. Not for sure. There is still some risk (and that risk would increase if there is further use of home country passport and even more so if there are more trips to the home country).

As for inferences based on an application being a "long time in process," what constitutes a "long time?" More than a year? There is a tendency in this forum for many to think that eight or ten months from AOR to oath is a "long time in process."

In contrast, I believe many entirely ROUTINE applications will take that long. So I would not reach any negative inferences if five or seven months have passed since AOR.

Otherwise, since the statistics show that Canada continues to bring new cessation cases, the concurrence of (1) having had an application in process for several months or somewhat longer, and (2) no referral for cessation made, seems to me to be a good sign the application is proceeding ROUTINELY, that it has in effect passed the stage where it might be referred for cessation.

BUT I do NOT know any of this for sure. I just tend to think that if the PR-refugee who applied for citizenship is going to be referred for cessation, that would NOT take all that long to happen. I don't think the appearance of nothing happening on the application suggests IRCC or CBSA has it in queue to be referred for cessation.

Not much.

The Roma refugee-claimant issue is a particular situation pursuant to which, ALLEGEDLY, there are many Hungarian Roma traveling to Canada and then seeking asylum when, in contrast, Canada does not recognize their need for protection. I do not think this has much to do with who cessation proceeding are brought against.

I do not follow refugee issues closely at all. I do not know the overall numbers. I cannot put 200 cessation cases per year (or 50 per quarter) in context compared to how many PR-refugees there are or how many are applying for citizenship.

How many PR-refugees do travel to their home country? If we knew that in an average year only 200 or so were traveling to their home country, seeing 50 new cases in one quarter would signal that Canada was going after nearly all of them. If the number is more like two thousand going home in a given year, that would suggest Canada is only going after the worst cases, barely one in ten.

But I do not have a clue what those numbers are. I do not know what criteria Canada is using in deciding who to proceed against. Any trip to home country? Stays in home country for more than two weeks? four? eight weeks?

When I refer to egregious cases I think of those in which the PR-refugee returns to home country for long enough to be working or in effect residing (living) again in the home country. Or otherwise traveling to the home country for lengthy stays or frequently traveling to the home country.

BUT I do not what criteria makes a difference, what amount of going home will tip the scales. I suspect few lawyers have a clear idea.

What we do know is that the risk can be avoided by not traveling to the home country. Or it can be reduced by NOT again traveling to the home country. In the meantime, many are in a WAIT and SEE what happens mode.
 

sopranotb

Star Member
Jul 18, 2015
96
15
To help us get calm a little bit with the long wait my question is: Is there anybody in this thread that had some home country travels and recently got citizenship ok with no problems?
 

kinaspissuh

Member
Nov 13, 2017
17
3
37
To help us get calm a little bit with the long wait my question is: Is there anybody in this thread that had some home country travels and recently got citizenship ok with no problems?
Yes, there was one person (cant remember name), he wrote a message couple month back on this thread saying he went home twice and after applying for citizenship he got called for an interview and had to explain why he did that. Seems like it turned out well for him.
I renewed my passport by a mistake, cic got me confused by giving back to me my old one (which expired) But i never used it, in fact I only have had it for few days and then brought it to passport canada where they told me this was very wrong to renew it and so they seized it and issued me new travel doc which I use now.
I already applied for citizenship and now waiting in fear to what will happen :0 I literally think of this every single day now and cant stop blaming myself for being this stupid.
 

sopranotb

Star Member
Jul 18, 2015
96
15
Yes, there was one person (cant remember name), he wrote a message couple month back on this thread saying he went home twice and after applying for citizenship he got called for an interview and had to explain why he did that. Seems like it turned out well for him.
I renewed my passport by a mistake, cic got me confused by giving back to me my old one (which expired) But i never used it, in fact I only have had it for few days and then brought it to passport canada where they told me this was very wrong to renew it and so they seized it and issued me new travel doc which I use now.
I already applied for citizenship and now waiting in fear to what will happen :0 I literally think of this every single day now and cant stop blaming myself for being this stupid.
Did that person post here in this thread or in a different thread?
 

sopranotb

Star Member
Jul 18, 2015
96
15
To rephrase the question: Is there anybody (who was main applicant at his PR application not a dependent) in this thread that had some home country travels and recently got citizenship ok with no problems recently? we had 2 successful cases reported in the thread here in 2016 but no one reported similar successful cases in 2017 and 2018.