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Caliming Asylum Help

Ezzo90

Full Member
Jan 12, 2019
35
1
hello i am currently on a tourist visa in the US and i want to cross the borders and claim asylum as a refugee in Canada as i have fear from my origin country(Arab) as i am homosexual. I am 28 years with a bachelor degree and 5 years work experience. And i am in what so called marrying age in my country and i am being pressured to do that and i need to get out of here before suspections come out and i get real threats. Can i claim assylum in Canada on my situation or it will be refused. I am really concerned . Any help or information is highly appreciated. Thanks in advance.
 

CVR

Star Member
Nov 13, 2017
52
10
Being a homosexual and being pressure to get married are weak reasons for an asylum claim and require a lot of evidence to show. You do have a better chance of getting a PR through Express Entry since you already have the edification and the work experience.
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
hello i am currently on a tourist visa in the US and i want to cross the borders and claim asylum as a refugee in Canada as i have fear from my origin country(Arab) as i am homosexual. I am 28 years with a bachelor degree and 5 years work experience. And i am in what so called marrying age in my country and i am being pressured to do that and i need to get out of here before suspections come out and i get real threats. Can i claim assylum in Canada on my situation or it will be refused. I am really concerned . Any help or information is highly appreciated. Thanks in advance.
Do you have any family members in Canada? To claim asylum at a Canadian border crossing, you must have family in Canada. Otherwise the safe third country agreement applies and you must claim asylum in the first safe country you reach - which in your case is the US.
 

live&love

Hero Member
Apr 25, 2018
466
193
Do you have any family members in Canada? To claim asylum at a Canadian border crossing, you must have family in Canada. Otherwise the safe third country agreement applies and you must claim asylum in the first safe country you reach - which in your case is the US.
I have a question regarding that, what about if someone has a family member in the US AND Canada, would they be able to cross the border & apply for refugee protection in Canada? Please advice
 

Ameeroov

Star Member
May 11, 2017
92
38
Mississauga
I have a question regarding that, what about if someone has a family member in the US AND Canada, would they be able to cross the border & apply for refugee protection in Canada? Please advice
My opinion is he may enter Canada but his case will be rejected since you can’t shop for asylum but you should claim in the first safe country and he has a family member there
 
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Yelsew

Star Member
Apr 24, 2013
199
24
London, ON
The OP may want to check this link about the Safe Third Country Agreement and the exemptions for making a refugee claim. Please note that the definition of 'family member' is much broader than the one normally used by IRCC.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html
  • A spouse, son, daughter, parent, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew. Under the STCA, in-laws are not considered family members; and
 

live&love

Hero Member
Apr 25, 2018
466
193
The OP may want to check this link about the Safe Third Country Agreement and the exemptions for making a refugee claim. Please note that the definition of 'family member' is much broader than the one normally used by IRCC.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/canada/processing-claims-protection-safe-third-country-agreement.html
  • A spouse, son, daughter, parent, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew. Under the STCA, in-laws are not considered family members; and
I looked everywhere in this link, I couldn’t find the answer to my question. If I have a family member in both countries, arrived to the USA first, would I be able to claim refugee status in Canada?
 

live&love

Hero Member
Apr 25, 2018
466
193
My opinion is he may enter Canada but his case will be rejected since you can’t shop for asylum but you should claim in the first safe country and he has a family member there
Thank you :) Your opinion is respected, but I need an answer for sure because this is bery important :)
 

Ezzo90

Full Member
Jan 12, 2019
35
1
Do you have any family members in Canada? To claim asylum at a Canadian border crossing, you must have family in Canada. Otherwise the safe third country agreement applies and you must claim asylum in the first safe country you reach - which in your case is the US.
My boyfriend is in canada and we have been together for more than 3 years and he has a P
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My boyfriend is in canada and we have been together for more than 3 years and he has a P
Unfortunately that doesn't help you. A boyfriend isn't regarded as a family member.
 

Ezzo90

Full Member
Jan 12, 2019
35
1
But is being gay in a homophobic country like mine where if you are there laws against gay that could put them in prison and they are always under punishment threats as losing their jobs and family, a country that has no minimum human rights as a gay to live and you are forced to live a life you dont want. That is not enough claim for a refugee status?
 

Buletruck

VIP Member
May 18, 2015
6,880
2,713
It is certainly grounds to claim as a refugee, but as you are coming from the US with no family in Canada, you will be turned back to US.
 

Ezzo90

Full Member
Jan 12, 2019
35
1
It is certainly grounds to claim as a refugee, but as you are coming from the US with no family in Canada, you will be turned back to US.
But if i get a TOurist visa and claim asylum in the airport ! Or i come through pittsburgh roxi road illegaly and get detained by police its a loop hole in the 3rd country agreement ! Would my case be eligible to asylum ! If i had a judge hearing would i get accepted as a refugee
 

Buletruck

VIP Member
May 18, 2015
6,880
2,713
Impossible to say if you would get accepted. Those arriving irregularly seem to be on the loosing end of the asylum game. Arriving at an airport with a visa would probably be a better option.

Maybe you should look at immigration as opposed to a refugee claim. Or meet your BF in Europe and get married. You could apply for spousal sponsorship then and have significantly fewer co cerns about rejection.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
My boyfriend is in canada and we have been together for more than 3 years and he has a P
Assuming you were trying to say your boyfriend is a PR, get married in the US and apply for sponsorship.