Can a refugee claimant apply for Express Entry too?

[ionp]

Hello everyone,

does anyone know if while I am waiting on an answer for my refugee claim (never heard back since the application) I can also apply for Express Entry? I have a work permit and been working for the same employer for almost 5 years now.

Thanks!

 

[scylla]

No - you can't.

You must have status in Canada to apply for Express Entry (or any other economic immigration program). Those waiting for refugee decisions aren't regarded as having status in Canada and don't qualify. You would need to leave Canada and apply from your home country.

 

[ionp]

Thank you so much for your reply.
That's just so disappointing ..... I have been waiting since 2012 and still nothing. I was really hoping I could take a different route....

 

[jman25]

Thank you so much for your reply.
That's just so disappointing ..... I have been waiting since 2012 and still nothing. I was really hoping I could take a different route....

2012???? Are you sure??? That's NUTS!

 

[ionp]

Yup.... Oct 2012...

 

[TheKing]

No - you can't.

You must have status in Canada to apply for Express Entry (or any other economic immigration program). Those waiting for refugee decisions aren't regarded as having status in Canada and don't qualify. You would need to leave Canada and apply from your home country.

I do not think you are correct, please check properly before you give this type of answer "you must leave Canada and apply from your home country". The profile is not region specific. To apply for PR after getting an ITA is a different thing entirely.

 

[vensak]

I do not think you are correct, please check properly before you give this type of answer "you must leave Canada and apply from your home country". The profile is not region specific. To apply for PR after getting an ITA is a different thing entirely.

1. One of the basic EE requirements is to have legal status in Canada.
2. If you claimed refuge and the decision was not done, then you do not have such status.
3. If you withdraw your claim, then almost certainly deportation will follow (you can either leave fast on your own somewhere or they will send you back to your country of origin).
4. Once you have such history, it is almost zero chance to get approved any type of visa for temporary residency. hence you have to stay outside Canada
5. But you can apply for PR and your previous refugee claim should not be a problem

 

[Cip]

1. One of the basic EE requirements is to have legal status in Canada.
2. If you claimed refuge and the decision was not done, then you do not have such status.
3. If you withdraw your claim, then almost certainly deportation will follow (you can either leave fast on your own somewhere or they will send you back to your country of origin).
4. Once you have such history, it is almost zero chance to get approved any type of visa for temporary residency. hence you have to stay outside Canada
5. But you can apply for PR and your previous refugee claim should not be a problem

Number 4 is not tru .... if you withdraw ur application and leave with lin the 30days given to you before it turns to be a deportation order you can return back to back as a visitor meeting all the requirements for a visiting visa

 

[vensak]

Number 4 is not tru .... if you withdraw ur application and leave with lin the 30days given to you before it turns to be a deportation order you can return back to back as a visitor meeting all the requirements for a visiting visa

Technically yes. The problem is, that that claim will stay on your file and chances getting any visa approval for Canada are almost 0. (of course unless you do not apply for PR and get your visa for landing).

 

[Lovely-Canada]

No - you can't.

You must have status in Canada to apply for Express Entry (or any other economic immigration program). Those waiting for refugee decisions aren't regarded as having status in Canada and don't qualify. You would need to leave Canada and apply from your home country.

@scylla and other experts
what if someone has accepted as refugee after hearing, can he apply for express entry or can switch to any other immigration program other than refugee?

your prompt guideline will be much appreciated.

 

[canuck78]

@scylla and other experts
what if someone has accepted as refugee after hearing, can he apply for express entry or can switch to any other immigration program other than refugee?

your prompt guideline will be much appreciated.

Just to confirm you haven't had a hearing yet so you'e still an asylum claimant.

 

[Buletruck]

I don’t see any reason why you couldn’t, as once your claim is accepted you have legal status, but why would you? You would be eligible to work and apply for your PR as a protected person. All you would have to do is wait! Makes no sense to me to apply for EE when the route to a PR is already available without qualifying or being chosen.

 

[Lovely-Canada]

I don’t see any reason why you couldn’t, as once your claim is accepted you have legal status, but why would you? You would be eligible to work and apply for your PR as a protected person. All you would have to do is wait! Makes no sense to me to apply for EE when the route to a PR is already available without qualifying or being chosen.

Thank you, agree and your point make sense.

 

[Haseebsh]

Hi everyone. Asking for a friend...

"After receiving ITA, while filling the Express Entry application online, there are some statutory questions in the application that ask about previous applications to Canada. It also asks if you've applied for refugee status in Canada before. In my case the answer is yes to everything. My family applied for refugee in Canada (I was a minor) and it was not accepted and we were asked to leave (we did not overstay). Later I applied for a student visa and some years after a visit visa and both were rejected. What should I do in this case? Will this have any impact?"

Thanks in advance

 

[vensak]

Hi everyone. Asking for a friend...

"After receiving ITA, while filling the Express Entry application online, there are some statutory questions in the application that ask about previous applications to Canada. It also asks if you've applied for refugee status in Canada before. In my case the answer is yes to everything. My family applied for refugee in Canada (I was a minor) and it was not accepted and we were asked to leave (we did not overstay). Later I applied for a student visa and some years after a visit visa and both were rejected. What should I do in this case? Will this have any impact?"

Thanks in advance

You are a good example what will happen with any future TRV (temporary residency visa) applications after a failed refugee claim. And that is even if you did not have much choice of the matter (being minor).

Good news is, that that type of past will not affect your PR application. As long as you declare all of your history you have nothing to fear. Just expect that your case will be checked in more detail, that's all.
The only thing that would impact your PR application would be if you got banned because of misinterpretation in the past (eg. 5 years ban).