Apply for Assylum

[Ineedanswers]

Good morning guys,

I really need some answers, and I hope someone can help. I'll try to make this as clear as possible. Here goes..

I am Canadian citizen, and my boyfriend is a Nigerian citizen in the US on a visitor's visa. He has overstayed his visa by a few months (less than a year). The aim is to apply for assylum due to the instability in Nigeria among other things. Ultimately, his plan is to go back to school, and he has applied to a few Canadian schools.

My first question is, would it make sense to apply for assylum in the US and then apply for a Canadian student visa when the time comes? School in Canada is cheaper than the US, plus I'm here so Canada is looking more attractive at the moment.

2. If he should go to Montreal and make refugee claim there, does that hinder his chances of attending school here? He's already applied to a few schools, and now he's just waiting to hear back.

3. If he should enter through Montreal, what's the average wait time for a hearing? (remember, he's Nigerian)

We are looking for the best way to rectify the situation without him having to return home.

Please, any help would be greatly appreciated. I also don't mind paying for a lawyer. If anyone has any recommendations, that would be great!

Thanks in advance
-Truly Grateful

 

[Buletruck]

Unfortunately, its very likely his claim would be rejected if he attempts it in Canada. He would need to claim assylum in the US (Safe Third Country Agreement: http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp). His overstay and the current atmosphere in the US will likely make that difficult. Instability in Nigeria is not particularly solid grounds for assylum and neither is cheaper school in Canada. My feeling is that he would probably be deemed a refugee of convenience in both countries if he applied and his claim rejected and sent home.

 

[scylla]

Yes - I agree with all of the comments above. Without immediate family in Canada, he can't claim refugee status here due to the safe third country agreement. Also agree that he looks like an economic refugee rather than a genuine refugee.

If your relationship is really serious, then consider marrying him and sponsoring him for PR as your spouse. But understand that if you do that, you'll be financially responsible for him for several years.

 

[Buletruck]

Just to add, if he does end up with a refused assylum claim it will be nearly impossible for him to receive a visa (student or other) if he is sent back to his home country. Something he should consider if he has already applied for schools in Canada.

Processing time are currently shown as 23 months, but I suspect that will be significantly longer with the current level of assylum claims from the US.

 

[Ineedanswers]

Thank you guys for your feedback.

Another question - Since the current processing times is average 23 months. If he gets in an makes an assylum claim, could he go to school while he waits?

 

[Ineedanswers]

Yes - I agree with all of the comments above. Without immediate family in Canada, he can't claim refugee status here due to the safe third country agreement. Also agree that he looks like an economic refugee rather than a genuine refugee.

If your relationship is really serious, then consider marrying him and sponsoring him for PR as your spouse. But understand that if you do that, you'll be financially responsible for him for several years.

Marriage we wouldn't be adverse to. However, we don't want to get married for a PR card. We want it to flow the natural way and happen when the time is right. Also, if I were to sponsor him as my spouse I believe he would need to go back to him home country for the application processing, correct?

 

[scylla]

Thank you guys for your feedback.

Another question - Since the current processing times is average 23 months. If he gets in an makes an assylum claim, could he go to school while he waits?

He would need to apply for a study permit to attend school. Not sure if he'd be paying domestic or international student fees - I believe international student fees (which are significantly more expensive than domestic). But again, without immediate family members in Canada, he should expect he won't even be allowed to submit a refugee claim due to the safe third country agreement.

 

[canuck_in_uk]

Given that he is currently illegal in the US, there is no chance of him being approved for any form of temporary residence in Canada, so coming ad a student or visitor is not an option. And as said by the others, the safe third country rule prevents him from claiming asylum in Canada unless he has family here.