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Apply Parents for Refugee Status

ViktorG

Full Member
Sep 14, 2020
46
7
Hi All,

I realize that I am touching on a very sensitive topic. To avoid any unnecessary discussions in this thread, please leave only comments which are related to the questions below. Thank you for understanding

I am a Canadian citizen, and my parents stay with me on a visitor visa now. They are Ukrainians and live very close to the russian border. Due to the recent crisis and a high possibility of russian invasion, I think to apply for refugee status for my parents. There are a few questions:
1. Is it feasible to get refugee status in my case?
2. Does anyone have a similar experience and is willing to share?
3. Are there any consequences for applying for a visitor visa in the future if my parents get rejected?

Thank you all for your time and information
 

sohaib1

Champion Member
Jan 28, 2015
1,688
287
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
14-02-2015
Doc's Request.
13-10-2015 (Urdu Nikah Nama)
AOR Received.
02-04-2015
File Transfer...
20-04-2015
Med's Done....
PreDone 20-01-2015
Passport Req..
11-11-2015
VISA ISSUED...
03-12-2015
LANDED..........
10-12-2015
Hi All,

I realize that I am touching on a very sensitive topic. To avoid any unnecessary discussions in this thread, please leave only comments which are related to the questions below. Thank you for understanding

I am a Canadian citizen, and my parents stay with me on a visitor visa now. They are Ukrainians and live very close to the russian border. Due to the recent crisis and a high possibility of russian invasion, I think to apply for refugee status for my parents. There are a few questions:
1. Is it feasible to get refugee status in my case?
2. Does anyone have a similar experience and is willing to share?
3. Are there any consequences for applying for a visitor visa in the future if my parents get rejected?

Thank you all for your time and information
1. If your parents lives will be in danger then yes, but the thing is if Russia invades then your case will be strong. Right now its difficult to say. If you make a claim right now stating Russia might invade they won’t accept that right now. Who knows what the future will be like. Like maybe right now situation is bad 4-5 months it will get better who knows. I would say wait a little bit to see the situation and then make the claim.

3. If they get rejected and they leave then No shouldn’t be a problem they can get visit visa again, but it might show in there immigration record that they made a refugee claim before so it might be difficult to get a visit visa again. if they get deported then thats a problem.
 
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116sg17

Hero Member
Jan 26, 2021
221
123
3. If they get rejected and they leave then No shouldn’t be a problem they can get visit visa again, but it might show in there immigration record that they made a refugee claim before so it might be difficult to get a visit visa again. if they get deported then thats a problem.
If not accepted after applying as refugees, chances of getting visitor visa to Canada (and many other countries) may be seriously effected. Maybe look into getting a super visa for them. Good luck.
 
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Masjuy

Hero Member
Dec 6, 2020
283
89
Hi All,

I realize that I am touching on a very sensitive topic. To avoid any unnecessary discussions in this thread, please leave only comments which are related to the questions below. Thank you for understanding

I am a Canadian citizen, and my parents stay with me on a visitor visa now. They are Ukrainians and live very close to the russian border. Due to the recent crisis and a high possibility of russian invasion, I think to apply for refugee status for my parents. There are a few questions:
1. Is it feasible to get refugee status in my case?
2. Does anyone have a similar experience and is willing to share?
3. Are there any consequences for applying for a visitor visa in the future if my parents get rejected?

Thank you all for your time and information
I have similar situation , Ukrainian from Donetsk. Unfortunately it’s unlike to be accepted as refugees, we need war on all part of Ukraine, you need to provide solid proof that your parents cannot go to Kiev or Odessa. You might try through but it will be red flag in your file forever. You would go better with sponsorship
 

Bornlucky

Hero Member
May 15, 2018
706
541
HI there, here are some simple responses to what are actually complex questions followed by a dash of my own observations about immigration generally for a similarly situated person.

1. Is it feasible to get refugee status in my case?

A positive Convention refugee fits into this description, and the threshold for a positive decision is more than a mere possibility - a low bar, but it requires evidence:

96 A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-96.html

Look up Internal Flight Alternatives as this CR consideration blindsides some people.

2. Does anyone have a similar experience and is willing to share?

I've spent a lot of time over the years with all sorts of immigration matters, but fundamental to immigration is that every individual has their own story. Opinions about what will happen are over-priced at 10 cents a dozen.

3. Are there any consequences for applying for a visitor visa in the future if my parents get rejected?

When someone makes a claim to CR status they get a Conditional Removal Order. The condition is that the Order is erased if they're found to be CRs. If the claim fails then the Order comes into effect. It's not impossible to receive another TRV (after their departure) but it becomes less straight forward for anyone that was the subject of a removal order. There's a thing called an Authority to Return to Canada (ARC), but that's another complexity and another deeper exploration.
--------
All righty then:

I think this site is best used by collecting questions that a person can ask a qualified immigration attorney.

Canadian immigration law, policies and procedures are complex and rife with the potentially unintended consequences. A great lawyer knows the pitfalls, potholes and means for remedial actions - they're rarely cheap but in my experience their credibility within the differing processes can swing a case. A good lawyer's cautions are as valuable as their actions. They're often engaged after some misstep has happened so if one is hired, it's best to do it right from the get-go.

Some things to consider is Canada's tradition of coming up with special measures for foreign nationals at a time of crisis; other post claim (if there's a negative CR finding) programs like H&C/PRRA, and how to best time the initiation of any of the proceeding things that I mentioned.

You know, there's nothing so important as someone's health and safety. As simple as your query is, you've demonstrated forward thinking and this is what you'll wish to keep doing. Immigration's foundation is designed to be reasonable. The reputation of the Department is that they're better with a crisis than they are with their daily lines of business. I mean here that their actions AFTER a Russian invasion could swing wildly from how their policies work today. You can wager that they're planning some response should there be an invasion.

What should you do? In my opinion, you should engage the very best counsel that you can afford and collect questions continuously so that you can leave your lawyer's office knowing what he or she is doing. Immigration is self-described as having "streams." There are economic, protection and humanitarian streams (permanent) - visitors, workers and students (temporary) - blah, blah, blah except for this, people voluntarily jump into one stream or another. So, look before you leap.

Good luck
 
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ViktorG

Full Member
Sep 14, 2020
46
7
I have similar situation , Ukrainian from Donetsk. Unfortunately it’s unlike to be accepted as refugees, we need war on all part of Ukraine, you need to provide solid proof that your parents cannot go to Kiev or Odessa. You might try through but it will be red flag in your file forever. You would go better with sponsorship
Hi,

Unfortunately, sponsorship is a lottery now. You may apply ten times but never win even if you have enough income to sponsor your parents
 
Last edited:

scylla

VIP Member
Jun 8, 2010
96,861
22,845
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi All,

I realize that I am touching on a very sensitive topic. To avoid any unnecessary discussions in this thread, please leave only comments which are related to the questions below. Thank you for understanding

I am a Canadian citizen, and my parents stay with me on a visitor visa now. They are Ukrainians and live very close to the russian border. Due to the recent crisis and a high possibility of russian invasion, I think to apply for refugee status for my parents. There are a few questions:
1. Is it feasible to get refugee status in my case?
2. Does anyone have a similar experience and is willing to share?
3. Are there any consequences for applying for a visitor visa in the future if my parents get rejected?

Thank you all for your time and information
Do you parents have any other children or are you an only child? If there are other children, where are they living? Depending on the answer, it's possible an H&C application (vs. refugee) may be feasible.

I agree with the other comments in this thread that a refugee application is a long shot. If the refugee application is refused, you should assume this will impact their ability to visit in the future. So that's the big risk in going this route.

Consider a super visa. Also, it looks like IRCC is increasing the number of PGP applications for this year.
 

Masjuy

Hero Member
Dec 6, 2020
283
89
Hi,

Unfortunately, sponsorship is a lottery now. You may apply ten times but never win even if you have enough income to sponsor your parents
Yes I know about it
I would try it though I meant sponsorship
Verses applying for refugee is low chances , and you will screw your immigration history for you and your family and relatives
Of course it’s up to you
You need to prove that it’s dangerous for them not in general but you have to have solid evidence that their lives in danger. Were there attempts to be killed by whom ? Were they in hospital? Did they try to escape to different part in Ukraine
Plus they have you , you can apply for sponsorship. You should weight all pros and cons
But I am telling you they have very very low chances
 
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ViktorG

Full Member
Sep 14, 2020
46
7
Do you parents have any other children or are you an only child? If there are other children, where are they living? Depending on the answer, it's possible an H&C application (vs. refugee) may be feasible.

I agree with the other comments in this thread that a refugee application is a long shot. If the refugee application is refused, you should assume this will impact their ability to visit in the future. So that's the big risk in going this route.

Consider a super visa. Also, it looks like IRCC is increasing the number of PGP applications for this year.
They have another child who is also in Canada. Basically, we both live in Canada
 

ViktorG

Full Member
Sep 14, 2020
46
7
Yes I know about it
I would try it though I meant sponsorship
Verses applying for refugee is low chances , and you will screw your immigration history for you and your family and relatives
Of course it’s up to you
You need to prove that it’s dangerous for them not in general but you have to have solid evidence that their lives in danger. Were there attempts to be killed by whom ? Were they in hospital? Did they try to escape to different part in Ukraine
Plus they have you , you can apply for sponsorship. You should weight all pros and cons
But I am telling you they have very very low chances
All make sense to me. Thanks
 

scylla

VIP Member
Jun 8, 2010
96,861
22,845
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
They have another child who is also in Canada. Basically, we both live in Canada
In that case it might be worth it to look into H&C. Hard to comment without knowing their full profiles but that might have a higher chances of success than refugee. I still think refugee is a real long shot.

In both cases, refusal will complicate the ability to visit in the future.
 

canuck78

VIP Member
Jun 18, 2017
57,511
14,149
All make sense to me. Thanks
Are they in Canada? Have they applied for a supervisa. Best option would probably be to visit via supervisa and actually see what happens and for how long in Ukraine. Asylum and H&C both have longterm complications for future visits. Have you applied to sponsor them via PGP before? Have either child met the 3 years of income to qualify for PGP?
 

ViktorG

Full Member
Sep 14, 2020
46
7
Are they in Canada? Have they applied for a supervisa. Best option would probably be to visit via supervisa and actually see what happens and for how long in Ukraine. Asylum and H&C both have longterm complications for future visits. Have you applied to sponsor them via PGP before? Have either child met the 3 years of income to qualify for PGP?
Yes they are in Canada. No, they have not applied, just a visitor visa. I have applied for PGP but no luck so far.
 

canuck78

VIP Member
Jun 18, 2017
57,511
14,149
Yes they are in Canada. No, they have not applied, just a visitor visa. I have applied for PGP but no luck so far.
They are in Canada right now. Wait and see what happens and how long it lasts. Nobody wants a longterm war. There are big risks if they apply for asylum and are denied.
 

CanadaLandy

Star Member
Jan 8, 2022
54
6
They are in Canada right now. Wait and see what happens and how long it lasts. Nobody wants a longterm war. There are big risks if they apply for asylum and are denied.
Hey Canuck good news for you LAO funded fully appeal for JR federal court