Complex case x Confused -- Experts Please Help!!!

[Amanmasih]

Hi dear and respected experts,

I would like to migrate to Canada, but my situation is a little complex. I am NOT eligible for Express Entry or any PNP mostly.

I have a little mixed bag for my case, which I need some advice and guidance for.

To give a little idea: About my(complex position):
Problems:
- I am 40 years old married man with one wife
and one kid (9 years old).
- I am non-graduate, (dropped out in the second year) (Only have a 6 months diploma after secondary education).
- I learnt coding myself and have been working, building websites and apps for 15 years now.
- I run an IT company registered as Pvt. Ltd. in India for 3 years now, with a branch in Canada registered as Inc. over a year now. I am CEO and Directory of both companies.
- I have a valid US visa and have visited a few years ago and stayed for 2 months for a business conference.
- Also, I obtained visitor visa for Canada just before Corona and visited Canada (that's when I registered my company`s Branch there), lived for 5 months and returned back. Both Indian and Canadian companies are in good standings with bank accounts and taxes etc.
- I can obtain 7+ IELTS bands.

*Note: Company in Canada is in Quebec.

Another important fact:
- I have a situation where I have a genuine threat to my life here in my home country due to my religious affiliation and for reporting attacks on minorities.

Now, I have two options mainly to migrate:
1. Try Intra-Company Transfer.
2. Visit Canada and claim refugee.

Problem with 1st option is that chances are slim and even if I get it, it will only be 1-year visa and again I will need to go through the express entry to get my PR, which is not going to be possible in my case. So, this leads to a Dead end.

There are 2 problems with the 2nd option is :
1. My family, they will be away from me for an unknown time and it will be very harsh on my growing kid especially.
2. This is like a lottery and refusal in this would be SUPER DEAD END.... closing all the options for me FOREVER.
Also, As I have a US visa, I am also super confused between claiming refugee in the USA vs Canada.

From what I have studied:
1. You can ONLY apply to any one of these and then can NEVER apply refugee to another country then. So, You have to choose before applying to the USA or Canada. > https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html
2. Chances are almost the same for both. Sometimes, I am more attracted to the USA for being the best country in the world. So super confused.

Any help or advice would be much appreciated.

Thanks in advance,
Aman

 

[starlordavuthu]

Hi dear and respected experts,

I would like to migrate to Canada, but my situation is a little complex. I am NOT eligible for Express Entry or any PNP mostly.

I have a little mixed bag for my case, which I need some advice and guidance for.

To give a little idea: About my(complex position):
Problems:
- I am 40 years old married man with one wife
and one kid (9 years old).
- I am non-graduate, (dropped out in the second year) (Only have a 6 months diploma after secondary education).
- I learnt coding myself and have been working, building websites and apps for 15 years now.
- I run an IT company registered as Pvt. Ltd. in India for 3 years now, with a branch in Canada registered as Inc. over a year now. I am CEO and Directory of both companies.
- I have a valid US visa and have visited a few years ago and stayed for 2 months for a business conference.
- Also, I obtained visitor visa for Canada just before Corona and visited Canada (that's when I registered my company`s Branch there), lived for 5 months and returned back. Both Indian and Canadian companies are in good standings with bank accounts and taxes etc.
- I can obtain 7+ IELTS bands.

*Note: Company in Canada is in Quebec.

Another important fact:
- I have a situation where I have a genuine threat to my life here in my home country due to my religious affiliation and for reporting attacks on minorities.

Now, I have two options mainly to migrate:
1. Try Intra-Company Transfer.
2. Visit Canada and claim refugee.

Problem with 1st option is that chances are slim and even if I get it, it will only be 1-year visa and again I will need to go through the express entry to get my PR, which is not going to be possible in my case. So, this leads to a Dead end.

There are 2 problems with the 2nd option is :
1. My family, they will be away from me for an unknown time and it will be very harsh on my growing kid especially.
2. This is like a lottery and refusal in this would be SUPER DEAD END.... closing all the options for me FOREVER.
Also, As I have a US visa, I am also super confused between claiming refugee in the USA vs Canada.

From what I have studied:
1. You can ONLY apply to any one of these and then can NEVER apply refugee to another country then. So, You have to choose before applying to the USA or Canada. > https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html
2. Chances are almost the same for both. Sometimes, I am more attracted to the USA for being the best country in the world. So super confused.

Any help or advice would be much appreciated.

Thanks in advance,
Aman

What US Visa do you have, I can only think of Visitor/Business visa and on which you cannot migrate to US. Applying for refugee status in both countries is extremely difficult. Also there are no wars or civil wars in India right now and if you claim your life is in danger you will need to prove it.

You need to submit all accounts, incidents, police reports, medical reports, inquiries, threat messages or recordings etc, remember getting a refugee status in US or Canada is extremely difficult even for people from actual war torn countries. Every country has its benefits/issues same goes for your US.

 

[scylla]

Hi dear and respected experts,

I would like to migrate to Canada, but my situation is a little complex. I am NOT eligible for Express Entry or any PNP mostly.

I have a little mixed bag for my case, which I need some advice and guidance for.

To give a little idea: About my(complex position):
Problems:
- I am 40 years old married man with one wife
and one kid (9 years old).
- I am non-graduate, (dropped out in the second year) (Only have a 6 months diploma after secondary education).
- I learnt coding myself and have been working, building websites and apps for 15 years now.
- I run an IT company registered as Pvt. Ltd. in India for 3 years now, with a branch in Canada registered as Inc. over a year now. I am CEO and Directory of both companies.
- I have a valid US visa and have visited a few years ago and stayed for 2 months for a business conference.
- Also, I obtained visitor visa for Canada just before Corona and visited Canada (that's when I registered my company`s Branch there), lived for 5 months and returned back. Both Indian and Canadian companies are in good standings with bank accounts and taxes etc.
- I can obtain 7+ IELTS bands.

*Note: Company in Canada is in Quebec.

Another important fact:
- I have a situation where I have a genuine threat to my life here in my home country due to my religious affiliation and for reporting attacks on minorities.

Now, I have two options mainly to migrate:
1. Try Intra-Company Transfer.
2. Visit Canada and claim refugee.

Problem with 1st option is that chances are slim and even if I get it, it will only be 1-year visa and again I will need to go through the express entry to get my PR, which is not going to be possible in my case. So, this leads to a Dead end.

There are 2 problems with the 2nd option is :
1. My family, they will be away from me for an unknown time and it will be very harsh on my growing kid especially.
2. This is like a lottery and refusal in this would be SUPER DEAD END.... closing all the options for me FOREVER.
Also, As I have a US visa, I am also super confused between claiming refugee in the USA vs Canada.

From what I have studied:
1. You can ONLY apply to any one of these and then can NEVER apply refugee to another country then. So, You have to choose before applying to the USA or Canada. > https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html
2. Chances are almost the same for both. Sometimes, I am more attracted to the USA for being the best country in the world. So super confused.

Any help or advice would be much appreciated.

Thanks in advance,
Aman

My thoughts:

For the refugee path, yes, you would need to chose between Canada and the US. You can't claim in both. Yes, this would most likely mean being separated from your family for a number of years without any guarantee of success. The other potential challenge I see is that you previously traveled to Canada (maybe the US as well). So one of the questions that will come up with a refugee claim is why you didn't claim refugee status on your first trip to Canada or the US if things are so bad for you in your home country. You would most likely need to demonstrate that the situation has drastically changed in your home country since your last visit to Canada or the US which has put your life in danger. So you can certainly try the refugee route however need to be prepared to be separated from your family and also understand that this is not a sure thing.

Your age and level of education are challenges to immigrating through Express Entry. Any chance your wife's profile is stronger? Are you willing to return to school and/or learn French?

Rather than an ICT, you could look into an owner / operator work permit under an LMIA. This might be an option for coming to Canada to work here and increase your points on a temporary work permit. There are a number of discussions about this route in the Business Immigration section of the forum.

There's no easy or sure path here unfortunately.

 

[sahilarora2003]

I'm surprised to see that in such a big democracy in this world, you are saying that

Another important fact:
- I have a situation where I have a genuine threat to my life here in my home country due to my religious affiliation and for reporting attacks on minorities.

To what religion you are affiliated to ? Muslim ? Hindu ? Christian ? Sikh ? Budhism ?

I don't understand how people claim to have a threat to their life on the basis of being in minorities in the world's biggest democracy. I can understand if you are in War torn countires like Pakistan, Afghanistan, Syria, Libya etc., then it is possible but in India there is no such situation in ages. I know some cases where it happened in particular area but in general, there are no such threat exists (in terms of being a person affiliated to minority).

Sorry to say all of that but India is my home country too and I'm proud to be an Indian.

Jai Hind!

 

[k.h.p.]

I'm surprised to see that in such a big democracy in this world, you are saying that


To what religion you are affiliated to ? Muslim ? Hindu ? Christian ? Sikh ? Budhism ?

I don't understand how people claim to have a threat to their life on the basis of being in minorities in the world's biggest democracy. I can understand if you are in War torn countires like Pakistan, Afghanistan, Syria, Libya etc., then it is possible but in India there is no such situation in ages. I know some cases where it happened in particular area but in general, there are no such threat exists (in terms of being a person affiliated to minority).

Sorry to say all of that but India is my home country too and I'm proud to be an Indian.

Jai Hind!

It's never a good idea to speak down on someone else's perception of their own status and safety based on your assessment of their situation. That being said, half-heartedly claiming refugee status because you can't get any other immigration route is not a good idea and is a bit disappointing.

All that being said, I am somewhat aware that the world's biggest democracy is presently locking down the internet and regions of the country due to protests by farmers. Again, it's really difficult to dismiss someone else's concerns based on your perceptions on their safety. I mean, I'm not Uighur but I see Chinese friends telling me there's no problem at all in Xinjiang, in the world's most populous country with the best record of lifting people out of poverty...but I also hear from Uighur friends stories and accounts of genocidal atrocities. Perspective means a lot.

I'm not going to give a nationalistic chant/shout because I don't have any.

 

[starlordavuthu]

It's never a good idea to speak down on someone else's perception of their own status and safety based on your assessment of their situation. That being said, half-heartedly claiming refugee status because you can't get any other immigration route is not a good idea and is a bit disappointing.

All that being said, I am somewhat aware that the world's biggest democracy is presently locking down the internet and regions of the country due to protests by farmers. Again, it's really difficult to dismiss someone else's concerns based on your perceptions on their safety. I mean, I'm not Uighur but I see Chinese friends telling me there's no problem at all in Xinjiang, in the world's most populous country with the best record of lifting people out of poverty...but I also hear from Uighur friends stories and accounts of genocidal atrocities. Perspective means a lot.

I'm not going to give a nationalistic chant/shout because I don't have any.

I am actually surprised by OP's thought process to apply as refugee, OP claims he/she has a company in India with a branch in Canada and he/she is CEO. I am actually interested to know if someone who is well setteled in their home country can even be eligible to apply as refugee. Refugee status is not something that can be taken very lightly.

 

[sahilarora2003]

It's never a good idea to speak down on someone else's perception of their own status and safety based on your assessment of their situation. That being said, half-heartedly claiming refugee status because you can't get any other immigration route is not a good idea and is a bit disappointing.

All that being said, I am somewhat aware that the world's biggest democracy is presently locking down the internet and regions of the country due to protests by farmers. Again, it's really difficult to dismiss someone else's concerns based on your perceptions on their safety. I mean, I'm not Uighur but I see Chinese friends telling me there's no problem at all in Xinjiang, in the world's most populous country with the best record of lifting people out of poverty...but I also hear from Uighur friends stories and accounts of genocidal atrocities. Perspective means a lot.

I'm not going to give a nationalistic chant/shout because I don't have any.

Lemme clear one thing. Refugee status is not meant to be like what people do to immigrate to Canada or other countries. It is for people who have genuine threat to their lives in war torn countries.

Secondly Shutting down the internet due to farmers protest is a step to curb down on violence. Do you have any idea what is written in the law ? Do you have any idea from how much time the protests are going on ? Do you have any idea what happened on the 26th of Jan (Republic Day) ? You can be a spectator but not a participant.

It is an internal matter of the world biggest democracy and everyone has right to protest peacefully. This is what called democracy. But if you do violence, democracy needs to be upheld and maintaining law and order situation is the responsibility of the Government.

Even IMF cheif, US State Department, World Bank, and other economists has applaud the government decision.

I hope it helps you to understand the situation better. If not, then go to google and search for farm laws and read them.

 

[sahilarora2003]

I am actually surprised by OP's thought process to apply as refugee, OP claims he/she has a company in India with a branch in Canada and he/she is CEO. I am actually interested to know if someone who is well setteled in their home country can even be eligible to apply as refugee. Refugee status is not something that can be taken very lightly.

+1

 

[canuck78]

I'm surprised to see that in such a big democracy in this world, you are saying that


To what religion you are affiliated to ? Muslim ? Hindu ? Christian ? Sikh ? Budhism ?

I don't understand how people claim to have a threat to their life on the basis of being in minorities in the world's biggest democracy. I can understand if you are in War torn countires like Pakistan, Afghanistan, Syria, Libya etc., then it is possible but in India there is no such situation in ages. I know some cases where it happened in particular area but in general, there are no such threat exists (in terms of being a person affiliated to minority).

Sorry to say all of that but India is my home country too and I'm proud to be an Indian.

Jai Hind!

Not getting into your argument but there are approvals from India but not a large number like some other country. Really depends on a person’s exact situation.

 

[steaky]

Lemme clear one thing. Refugee status is not meant to be like what people do to immigrate to Canada or other countries. It is for people who have genuine threat to their lives in war torn countries.

Secondly Shutting down the internet due to farmers protest is a step to curb down on violence. Do you have any idea what is written in the law ? Do you have any idea from how much time the protests are going on ? Do you have any idea what happened on the 26th of Jan (Republic Day) ? You can be a spectator but not a participant.

It is an internal matter of the world biggest democracy and everyone has right to protest peacefully. This is what called democracy. But if you do violence, democracy needs to be upheld and maintaining law and order situation is the responsibility of the Government.

Even IMF cheif, US State Department, World Bank, and other economists has applaud the government decision.

I hope it helps you to understand the situation better. If not, then go to google and search for farm laws and read them.

You are incorrect..

Didn't you hear that countries such as Germany granted refugee status to a prodemocracy activist HongKonger? People don't necessary lived in war torn countries.

@starlordavuthu Well established individuals can also participated in prodemocracy activities

 

[sahilarora2003]

You are incorrect..

Didn't you hear that countries such as Germany granted refugee status to a prodemocracy activist HongKonger? People don't necessary lived in war torn countries.

@starlordavuthu Well established individuals can also participated in prodemocracy activities

Didn’t you hear that the hongkong is no more a democracy? It becomes a colony of China.

People of HKG fear about the law imposed by China In which any citizen can be arrested and transferred to China without any restrictions. It becomes a colony.

 

[sahilarora2003]

Not getting into your argument but there are approvals from India but not a large number like some other country. Really depends on a person’s exact situation.

That is my point too. It depends on individual situation. It’s not about the minorities. Minorities are much protected but every individual can’t be protected.

 

[starlordavuthu]

You are incorrect..

Didn't you hear that countries such as Germany granted refugee status to a prodemocracy activist HongKonger? People don't necessary lived in war torn countries.

@starlordavuthu Well established individuals can also participated in prodemocracy activities

I would point out that Hongkong situation is extremely unique and it is kind of a war not just protest. I can imagine why a Free Hongkong activist would get asylum pretty much anywhere as those protects were broadcasted all over the world and most goverments are aware of the gravity of the situation. I understand people from India got refugee/asylum status and I believe most of them got during anti Sikh riots (correct me if I am wrong).

Anyways my point how justifiable is it to use refugee/asylum as a last resort. It would be extremely difficult for OP to prove his/her life is in immediate danger.

 

[steaky]

Didn’t you hear that the hongkong is no more a democracy? It becomes a colony of China.

People of HKG fear about the law imposed by China In which any citizen can be arrested and transferred to China without any restrictions. It becomes a colony.

HKG never was a democracy. They don't have universal sufferage to choose their leaders.

 

[Amanmasih]

Hi Everyone,
Thank you so much for your feedbacks.

I am a converted Christan (out of my love and freedom, not for money or anything else) to be specific and I also run a non-profit magazine reporting violent attacks on minorities in India and Asia which has caused me a lot of hate and threat and as I am fighting it, it is becoming more agressive on me.

I do not wish to leave or defame my country at any cost, even my life.
My parents, my friends, my relative all are here in India. Never want to be in a situation where I can not even meet them again. So, I am not going for refugee unless the situation gets really really worst and If Government will fail to protect me. I love my country as much as I love my family. Bron here, Grown up here, Lived all my life here. Best country in the world for me.

I am going to try Inter Company Trasnfer and see if it goes through.
I will keep posting updates.

Thanks again.
Much appreciated.