Any luck with your research?I have talked to my lawyer who helped me in this refugee claim. Unfortunately, he said he is not familiar with Express Entry and it could hurt the EE application and not sure if I with draw the claim could fix the issue. It's really hard to find a lawyer who could answers my situation surely. I think I should keep up with the claim since it's too risky to withdraw and apply CEC. I could lose both chance to stay in Can. Many thanks
Withdrawing refugee claim
- Thread starter ali_talha
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I have talked to 2 another top review immigrant lawyer in Ottawa. One said that if my work exp gained before my claim while I was having my WP then I should be ok to apply 2 different applications and they do not affect each other. Another one said that I could apply CEC but the problem is when I become eligible after the interview, they wil likely issue me an unforceble removal order and inadmissibility report. That means you are no longer eligible to get accepted from CEC since you are inadmissible to Canada. They might ask you to either withdraw refugee claim and file H&C argument to overcome the inadmissible. Or they simply just refect your EE application. The second one I think make more sense because CIC states that refugee claimant is not eligible for CEC because of this situation. Stil I just dont know why they would reject it even thou I qulify all other requirements and get denied just because of apply for refugee. I want to withdraw the refugee before the intervew but the lawyer says that I still have chance to get removal order and become inadmissible even though my WP still valid. I still dont know what to do now. I might just try to apply EE without withdrawing refugee. Try to explain as much as possible. If it fail then it's fine but I just want to try. Hope the fail wony affect anything to my refugee application later
. So stressfulI spoken to different lawyer too, and i was told to withdraw the refugee claim because i have not gone for refugee interview yet, and apply through public policies to restore back my work permit that i still have a chace to go through with the express entry. I'm so scared.I have talked to 2 another top review immigrant lawyer in Ottawa. One said that if my work exp gained before my claim while I was having my WP then I should be ok to apply 2 different applications and they do not affect each other. Another one said that I could apply CEC but the problem is when I become eligible after the interview, they wil likely issue me an unforceble removal order and inadmissibility report. That means you are no longer eligible to get accepted from CEC since you are inadmissible to Canada. They might ask you to either withdraw refugee claim and file H&C argument to overcome the inadmissible. Or they simply just refect your EE application. The second one I think make more sense because CIC states that refugee claimant is not eligible for CEC because of this situation. Stil I just dont know why they would reject it even thou I qulify all other requirements and get denied just because of apply for refugee. I want to withdraw the refugee before the intervew but the lawyer says that I still have chance to get removal order and become inadmissible even though my WP still valid. I still dont know what to do now. I might just try to apply EE without withdrawing refugee. Try to explain as much as possible. If it fail then it's fine but I just want to try. Hope the fail wony affect anything to my refugee application later
Hi, I am also thinking about withdrawing. I have been searching about the topic and there is not much information about the exactly consequences and the procedure. What exactly happens once the the withdrawal is accepted? do i get my passport back with no evidence of the claim? when i get back my documents? Does anyone achieved this process? I would really appreciate some help. It seems even the lawyers don't know much about it.
Normally withdrawing your claim makes the removal order effective. This means that you are required to leave Canada and your passport will only be returned to you as your are boarding the airplane to exit Canada.
What is your current status in Canada? How long ago did you file your refugee claim?
I submitted my application 2 years ago and have not had the hearing yet. During this time I got engaged with my boyfriend who is from Europe. So I am thinking of withdrawing and go there with him. But I don't know how it will affect my application of visa latter on. My lawyer doesn't respond my questions.
do you have more information about withdrawing ? cause there is nothing clear on the government website. Thank you!
In that case the removal order will become active once you withdraw your refugee claim. You will need to demonstrate you have plans to leave Canada soon after the refugee claim is withdrawn. Your passport won't be returned to you until you are at the airport and leaving Canada.
You should expect that the withdrawn refugee claim will most likely impact future temporary visa applications to Canada (e.g. visitor visa, study permit, work permit). It will not impact your ability to apply to immigration (e.g. through an economic immigration program like Express Entry) - you'll just need to make sure you declare the withdrawn refugee application in any future application to Canada.
Do you mean that I have to show my ticket? Is it only at the airport? what if I want to leave by land or boat?
Also, Am I obligated to go to my country or I can go to another one (in this case to where my fiancé lives)?
I don't have a date for the hearing yet, but if i get a date soon and i still decide to withdraw how that could affect the withdrawal? are there worse consequences? I wish these questions were better explained in the immigration website but there is nothing there?
Sorry to ask you scylla but are you an immigration lawyer? you seems to have good knowledge about this topic. Thank you!
Why dont you just exercise more patient and wait for your refugee claim to be determined. It will be easier for you to travel to europe to meet your fiancee (if your claim is accepted) than to withdraw your claim and leave without having a Plan B. Dont put your egg in one basket, he his still your fiancee and not your husband. Think very well before making your final decision. God bless
Thank you Derin. I understaand your point. But what if it is a negative answer and i am not accepted. Even if i get accepted i have heard the process is very long. the application for PR takes more than a year and travel documents are not even being issued either.
You may also want to consider things will be back to normal as provinces are pushing to vaccinate their population. This will somehow improve turnaround time come fall this year. I understand your frastruation about the waiting period, but withdrawing will activate removal order. Im not sure if im wrong or right, but CBSA will most likely prefer you book ticket to your country of origin as long as you dont have permanent residence or citizen of another countries. If you have visa to where your fiance lives, thats good but if you are planning to apply after you withdraw, then most countries want you to declare your past immigration history...
I'm not an immigration lawyer.
I don't think leaving by boat would be an option. It would have to be through a land border or plane.
You can travel to a country other than your home country but that country has to be willing to accept you. This may be challenging to do given you are a refugee claimant in Canada and are technically here without status. I don't think going to the US, for example, would be an option for you because of that. So leaving by plane is really the only option I see for you if you withdraw your claim.
I don't think it makes any difference if you withdraw now or later. The consequences will still be the same.
Thanks. That is why i am trying to get all the possible information. This is a topic that is not well explained by the immigration office. Also as you said the applications for visas require the declaration of immigration history. So in that case I guess that a negative answer during the hearing also would affect future applications.
The topic seems complicated and not even the lawyers know how to answer the questions. Sometimes I feel they don't really care.
So even if i had US visa i wouldnt be able to go to US? Also what happens to the visas if i had canadian visa as well?