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Applying for residence if refugee claim denied

Peter83

Newbie
Nov 12, 2012
3
0
I recently arrived to Canada to study. But I have fear of returning to my country of origin because since I have been considered a defector I could have been subject to unequal treatment and punishment by law. I've heard about the refugee claim. Here are my two questions: If my refugee claim is denied could I be forced to abandon my studies under my study permit and forced to leave? Could this also prevent me from applying for residence under a different category in the future if applicable (PNP or CEC)? Thank you very much in advance for your help.
 

salem10

Hero Member
Jul 6, 2010
438
75
Ontario, since 2006
Visa Office......
Buffalo
NOC Code......
0711/4131/4121
Pre-Assessed..
Yes
App. Filed.......
10-05-2010
Doc's Request.
Nov 02, 2010
AOR Received.
May 19, 2011 from buffalo
IELTS Request
submitted writtin sample (accepted)
Med's Request
April 14, 2012
Med's Done....
June 10, 2011, again in May 02, 2012 -medical furtherance June29-2012
Interview........
waived
Passport Req..
Waiting
VISA ISSUED...
Waiting
LANDED..........
20-06-2015
The answers of all of your question is YES. You can claim refugee, but if your case is refused, you will face deportation. Your statues will change to refugee claimant when you apply at CIC. Then, if eligible, they will refer your case to IRB. You statues will change from study permit to refugee claimant. You can continue your studies while waiting for your hearing. If you claim is accepted, that is good and you can live and apply for PR and do what you like. But if you case is refused, you will struggle to get stay here for your studies.
You should consults friends and may the international office at your University. They know a lot of these details. At the end you most likely need a lawyer for refugee claim. This is costly. In my case, I end paid about $4500 up to the hearing only.
My other suggestion is not to apply as long as you have valid study permit. If you end your studies and there is still risk at your home country, they apply.
The main question I faced, Is why apply when you have valid study permit?

You can apply for PR like skilled worker if you are eligible, but as refugee claimant you may cannot apply or PNP.
Hope the best

Peter83 said:
I recently arrived to Canada to study. But I have fear of returning to my country of origin because since I have been considered a defector
I could have been subject to unequal treatment and punishment by law. I've heard about the refugee claim. Here are my two questions: If my refugee claim is denied could I be forced to abandon my studies under my study permit and forced to leave? Could this also prevent me from applying for residence under a different category in the future if applicable (PNP or CEC)? Thank you very much in advance for your help.
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
Category........
Visa Office......
Dakar
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2014
AOR Received.
12-02-2014
File Transfer...
25-02-2014
Med's Request
02-11-2015
Med's Done....
18-09-2013
Passport Req..
02-11-2015
VISA ISSUED...
hopefully soon
LANDED..........
hopefully soon
In addition, I would suggest you speak to an immigration lawyer(not consultant) experienced in refugee claims. Most charge fees from consultations but it's worth it before you risk your student status.
 

Peter83

Newbie
Nov 12, 2012
3
0
Thank you very much to both of you for your advice. I really appreciate it, this is a very important issue for me. The reason is very simple, family. The sooner I can rejoin with the the better.
 

scylla

VIP Member
Jun 8, 2010
95,856
22,114
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
Peter83 said:
Thank you very much to both of you for your advice. I really appreciate it, this is a very important issue for me. The reason is very simple, family. The sooner I can rejoin with the the better.
Rejoining family is not a valid reason to apply for refugee status. If this is your main reason for applying - then you will definitely be refused. You need to show that specific threats have been made against you and provide proof to support the claim that these threats against you have been made and/or your life is in danger.

A failed refugee claim will complicate your life greatly. Make sure you are truly a refugee before you apply. Definitely consult with a good immigration lawyer/consultant.
 

Peter83

Newbie
Nov 12, 2012
3
0
Thank you very much for your comment. I totally agree with you. Rejoining with them is not the main reason here however they are suffering the consequence of my actions. I just want to put an end to that.
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
Category........
Visa Office......
Dakar
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2014
AOR Received.
12-02-2014
File Transfer...
25-02-2014
Med's Request
02-11-2015
Med's Done....
18-09-2013
Passport Req..
02-11-2015
VISA ISSUED...
hopefully soon
LANDED..........
hopefully soon
There are several immigration options available to students after graduation and work experience (e.g. Canadian Experience Class, Federal Skilled worker stream which re-opens in January 2013, Provincial nominee programs, Quebec skilled worker stream, etc) , so it's something to keep in mind as well(assuming paying tuition won't be a problem).

Peter83 said:
Thank you very much for your comment. I totally agree with you. Rejoining with them is not the main reason here however they are suffering the consequence of my actions. I just want to put an end to that.
 

MMKGHOBRIAL

Newbie
Mar 24, 2013
7
0
Peter83 said:
I recently arrived to Canada to study. But I have fear of returning to my country of origin because since I have been considered a defector I could have been subject to unequal treatment and punishment by law. I've heard about the refugee claim. Here are my two questions: If my refugee claim is denied could I be forced to abandon my studies under my study permit and forced to leave? Could this also prevent me from applying for residence under a different category in the future if applicable (PNP or CEC)? Thank you very much in advance for your help.
Hi Peter, Are you from Egypt ?
I want to talk to you, my email is hobatoaa@yahoo.com