Tough situation

[Akhenatonbta]

Hello guys.

I have a tough situation these days because I have to make decisions right away and I would like a piece of advice from all of you.

1. I had a girlfriend over 6 years ago, she came into Canada with her family and applied for refugee, last year she got her status to Protected person. While she was here in Canada, I traveled as a tourist into Canada 6 times (I have a multiple visitor visa until 2024).

2. 2 years ago while she was waiting for her hearing she got pregnant,

3. My baby was born and then after six months my baby was delivered I decided applied for a refugee by myself individually since I had some security problems in my country.

4. Last year my girlfriend got refugee status as a protected person, so we decided to get married in order to put me in her application for her permanent residence.

5. It has been 9 months since we applied and my application is in: medical results have been received.

The problem is that I abandoned my refugee claim because I had medical issues(I am in a treatment that finishs late February), so I received a letter that said my refugee claimant was abandoned.

So, my question is: Do I have to leave the country because I have a departure order for my refugee claimant abandoned? or Can I wait here along with my wife and baby(it is now 2 years and 1 month) in Canada for my PR that is still being processed? I don't want to get a deportation order.

I don't have a problem with leaving the country, but I am not sure if I will hold my multiple visa until 2024 to come back again in some days and get into Canada as a visitor and wait for my PR within Canada.

Thanks for your helping.

 

[scylla]

Hello guys.

I have a tough situation these days because I have to make decisions right away and I would like a piece of advice from all of you.

1. I had a girlfriend over 6 years ago, she came into Canada with her family and applied for refugee, last year she got her status to Protected person. While she was here in Canada, I traveled as a tourist into Canada 6 times (I have a multiple visitor visa until 2024).

2. 2 years ago while she was waiting for her hearing she got pregnant,

3. My baby was born and then after six months my baby was delivered I decided applied for a refugee by myself individually since I had some security problems in my country.

4. Last year my girlfriend got refugee status as a protected person, so we decided to get married in order to put me in her application for her permanent residence.

5. It has been 9 months since we applied and my application is in: medical results have been received.

The problem is that I abandoned my refugee claim because I had medical issues(I am in a treatment that finishs late February), so I received a letter that said my refugee claimant was abandoned.

So, my question is: Do I have to leave the country because I have a departure order for my refugee claimant abandoned? or Can I wait here along with my wife and baby(it is now 2 years and 1 month) in Canada for my PR that is still being processed? I don't want to get a deportation order.

I don't have a problem with leaving the country, but I am not sure if I will hold my multiple visa until 2024 to come back again in some days and get into Canada as a visitor and wait for my PR within Canada.

Thanks for your helping.

I'd recommend you get a consultation with a lawyer.

Your multiple entry visa has most likely been canceled at this point due to the refugee claim. If you leave, assume you won't be able to return.

 

[canuck78]

Would add that if you have abandoned your asylum claim how are you receiving healthcare services? Are you paying for your care?

 

[Akhenatonbta]

Would add that if you have abandoned your asylum claim how are you receiving healthcare services? Are you paying for your care?

This happened few days ago, so I am not blocked yet, but maybe soon. My treatment is taking pills and i already have them

 

[Akhenatonbta]

I'd recommend you get a consultation with a lawyer.

Your multiple entry visa has most likely been canceled at this point due to the refugee claim. If you leave, assume you won't be able to return.

That's the point. I have a counselor and I have looked for others, but everyone has different versions.

 

[canuck78]

All depends on whether you can survive without working or healthcare in Canada. Is your wife working? Have either of you received welfare?

 

[Akhenatonbta]

All depends on whether you can survive without working or healthcare in Canada. Is your wife working? Have either of you received welfare?

She is not working because she is taking care of the baby. I worked until I got sick and started treatment. When we got married a few months ago she had to update the welfare application and she included me in the support.

but now, I am better, I can work and quit welfare. I also can survive without working, welfare support or healthcare in Canada.

 

[canuck78]

She is not working because she is taking care of the baby. I worked until I got sick and started treatment. When we got married a few months ago she had to update the welfare application and she included me in the support.

but now, I am better, I can work and quit welfare. I also can survive without working, welfare support or healthcare in Canada.

The issue is you are not legally allowed to work if you abandoned your asylum application and now have a departure order.

Can someone clarify for me whether this is viewed as a sponsorship or a joint PR application? @scylla? @canuck_in_uk? Others? Will the rules be different since his wife is a protected person? Will his medical needs and costs be evaluated? Their use of welfare?

Have you lived together for 1 year before you arrived in Canada? Have you lived together for a year in Canada?

 

[Akhenatonbta]

The issue is you are not legally allowed to work if you abandoned your asylum application and now have a departure order.

Can someone clarify for me whether this is viewed as a sponsorship or a joint PR application? @scylla? @canuck_in_uk? Others? Will the rules be different since his wife is a protected person? Will his medical needs and costs be evaluated? Their use of welfare?

Have you lived together for 1 year before you arrived in Canada? Have you lived together for a year in Canada?

I have 9 years in relation as a couple with her, but we had not lived together until I came to Canada as a temporary resident. When she was waiting for her hearing(it took 5 years), I visited her in Canada 6 times. When I applied to refugee my baby had already born and we started to live together in our own rented apartment. Then, when she got the acceptance(protected person), we got married, some days after, she filled out the application for her permanent residence and put me in her application as a member of her family(spouse). We attached the birth registration of my baby and the legal marriage certificate. Now I am waiting for PR, my last notice was: medical results received.

The issue is that I don't know what to do with the abandonment and the departure order I suppose is activated now. (This is recent, it happened one week ago) I know I have one month to leave. But I want to know if I can leave voluntarily and come back as I am waiting for PR and I have not broken any law.

 

[DiiDii]

Check if you have implied status for the Inland application. Not sure who to contact about that. But you should regardless if you've submitted an inbound application.

 

[canuck_in_uk]

I have 9 years in relation as a couple with her, but we had not lived together until I came to Canada as a temporary resident. When she was waiting for her hearing(it took 5 years), I visited her in Canada 6 times. When I applied to refugee my baby had already born and we started to live together in our own rented apartment. Then, when she got the acceptance(protected person), we got married, some days after, she filled out the application for her permanent residence and put me in her application as a member of her family(spouse). We attached the birth registration of my baby and the legal marriage certificate. Now I am waiting for PR, my last notice was: medical results received.

The issue is that I don't know what to do with the abandonment and the departure order I suppose is activated now. (This is recent, it happened one week ago) I know I have one month to leave. But I want to know if I can leave voluntarily and come back as I am waiting for PR and I have not broken any law.

As scylla already advised, get a lawyer.

 

[canuck78]

If you are no longer in Canada legally you likely also have to update welfare.

 

[Akhenatonbta]

If you are no longer in Canada legally you likely also have to update welfare.

Yes, I know. I don't care about welfare. I can live without it. I am just asking about the PR process and the abandonment of the refugee claimant.
I already paid lawyers but all of them have different answers.

 

[canuck78]

Yes, I know. I don't care about welfare. I can live without it. I am just asking about the PR process and the abandonment of the refugee claimant.
I already paid lawyers but all of them have different answers.

I just said you must update the welfare office if you no longer have status as you have said your wife added you to her welfare case. If not you will likely have to pay back after the fact.

 

[canuck78]

Just noticed that you said you lived together before her hearing. How long did you live together before her hearing? Did she have her own hearing or was it a family hearing?