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A refugee claimant has real Canadian wife and children in Canada, he was refused

Madal

Full Member
Jan 11, 2014
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Dear Collegues

What can a refugee claimant do, if he was refused to be considered refugee, but he has a Canadian wife and children, and he is afraid that he may also affect them if he could mention their stay in Canada.
Can anyone give advice?
Madal
 

Leon

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If he has a Canadian citizen wife, she can sponsor him for PR.
 

Madal

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Jan 11, 2014
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Hi,
He did not mention when he was seeking refugee that he has a wife and children. So, do you, mean he can now claim that again?
Madal
 

scylla

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Why did he fail to mention his wife and children in his refugee application? It was a very bad decision to lie in his application. By doing so, he has committed misrepresentation which can be punishable by a two year ban from Canada.

Even if he doesn't receive a ban, CIC will likely question if his relationship with his Canadian wife is genuine or just a marriage of convenience to allow him to stay in Canada. I think he should expect the sponsorship process will be very lengthy and complicated. Probably a good time to hire a good immigration lawyer to assist.
 

zardoz

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Madal said:
Dear Collegues

What can a refugee claimant do, if he was refused to be considered refugee, but he has a Canadian wife and children, and he is afraid that he may also affect them if he could mention their stay in Canada.
Can anyone give advice?
Madal
Has he been told that he must now leave Canada within 30 days or be deported? When was the refusal issued and is he appealing?
 

Gogia

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he misrepresent himself to Immigration...definitely he will be asked why u misrepresent urself to immigration...it is a serious question....must be some thing wrong in the bottom...?????
 

Madal

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Jan 11, 2014
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zardoz said:
Has he been told that he must now leave Canada within 30 days or be deported? When was the refusal issued and is he appealing?
He was not given a date to leave Canada, but he was refused to be considered for the second time. He was given another chance to appeal. When refugees are coming to a country like Canada, they have so many advisers, especially friends and relatives who does not know about Canadian laws and immigration laws. And he is confused with that, accompanied by the fear of being returned to where his life is at risk. He has three children which his wife has mothered for him, and he is confident that a DNA test would prove that. But, again, if he has to mention his wife and children, he is afraid that it may affect their status. Because, the wife did not mention that she is married.

Has anyone encountered this kind of case, and what is the solution. Especially, if in the appeal he is making now, if he mentions his wife and children, would that affect their citizenship status?

Madal
 

torontosm

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Apr 3, 2013
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Madal said:
He was not given a date to leave Canada, but he was refused to be considered for the second time. He was given another chance to appeal. When refugees are coming to a country like Canada, they have so many advisers, especially friends and relatives who does not know about Canadian laws and immigration laws. And he is confused with that, accompanied by the fear of being returned to where his life is at risk. He has three children which his wife has mothered for him, and he is confident that a DNA test would prove that. But, again, if he has to mention his wife and children, he is afraid that it may affect their status. Because, the wife did not mention that she is married.

Has anyone encountered this kind of case, and what is the solution. Especially, if in the appeal he is making now, if he mentions his wife and children, would that affect their citizenship status?

Madal
If his wife lied on her application, or on any correspondence with the CIC, then her citizenship could definitely be affected:

http://www.cic.gc.ca/english/information/protection/fraud/document.asp
 

steerpike

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So they applied for refugee status separately, and the wife was accepted? But the husband was denied?
 

Madal

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Jan 11, 2014
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steerpike said:
So they applied for refugee status separately, and the wife was accepted? But the husband was denied?
The wife came to Canada separately and she said that she could not find her husband at that time mentioning that he fathered her two kids.
 

Gogia

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Madal said:
The wife came to Canada separately and she said that she could not find her husband at that time mentioning that he fathered her two kids.
Wife came separately...with 2 kids and applied for refugee and accepted on taple..later husband came to canada applied for refugee.case denied on what basis???..why u did not mention to cic that ur wife is already here.. And u should get sponsor from her to come here as husband why not explain these concerns ???

Only solution is let ur wife get citizenship and kids and later she married u and divorce previous marriage some thing...in record to correct...and remarry u in canada...as a 2nd marriage husband...let u get pr etc...

I absolutely agree with u that lot friends and relatives give u wrong advice which cause u big trouble later which u facing now...very sad....
 

Rob_TO

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Gogia said:
Wife came separately...with 2 kids and applied for refugee and accepted on taple..later husband came to canada applied for refugee.case denied on what basis???..why u did not mention to cic that ur wife is already here.. And u should get sponsor from her to come here as husband why not explain these concerns ???

Only solution is let ur wife get citizenship and kids and later she married u and divorce previous marriage some thing...in record to correct...and remarry u in canada...as a 2nd marriage husband...let u get pr etc...
That won't work as it's clearly fraud.
If the wife became a PR as single or separated, without declaring husband, then she can NEVER sponsor the husband in the future no matter if they divorce and re-marry.

And if she even tries to sponsor him, CIC will quickly learn she misrepresented her own PR application by claiming she couldn't find her husband when actually she could have, so could revoke her PR and send everyone back to home country.
 

Gogia

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Thats why i said let her get citizenship. ..and untill then u wait. ..and let her sponsor u. ...either inside or outside...need lawyer help u on this case.
 

Rob_TO

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Gogia said:
Thats why i said let her get citizenship. ..and untill then u wait. ..and let her sponsor u. ...either inside or outside...need lawyer help u on this case.
Even citizenship can be revoked if it was obtained fraudulently.

Plus the husband is still banned under family class since he was not declared in original application, so PR or citizen it doesn't matter, he can NEVER be sponsored by her.