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Can a refugee visit his country? will I see my brother again? is he lying to me?

Aug 25, 2017
6
0
Hello! My brother is an asylum seeker in Canada. He told me before that once he gets his PR he would be able to come back in a year. But combing through all the articles and forums threads I found out that this is not completely accurate, which makes sense, and he could lose his PR and it would be seen as re-availment for a refugee.

I asked him about that and he said that his lawyer told him that it's fine and "it could be worked out". I'm pretty sure he's not sharing with me the whole truth so I need your help confirming what is real. Giving the changes that they made this year and all I thought it might be true, now.

I apologize for the long post and for the typos, I have issues with anxiety I'm typing with my hands shaking insanely and I'm thirsty the whole day since I learned about that. Thank you!
 
Last edited:

Rob_TO

VIP Member
Nov 7, 2012
11,427
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Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Hello! My brother is an asylum seeker in Canada. He told me before that once he gets his PR he would be able to comeback in a year. But combing through all the articles and forums threads I found out that this is not completely accurate, which makes sense, and he could lose his PR and it would be seen as re-availment for a refugee.

I asked him about that and he said that his lawyer told that it's fine and "it could be worked out". I'm pretty sure he's not sharing with me the whole truth so I need your help confirming what is real. Giving the changes that they made this year and all I thought it might be true, now.

I apologize for the long post and for the typos, I have issues with anxiety I'm typing with my hands shaking insanely and I'm thirsty the whole day since I learned about that. Thank you!
No, once someone claims refugee status they can basically never return to their home country again. To do so would jeopardize their PR status or eventual citizenship application.

Refugee PRs can only meet their family members in Canada or other countries outside their home country.
 

canuck78

VIP Member
Jun 18, 2017
55,589
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Unfortunately your brother has not received asylum yet. Before panicking I would wait until you know the outcome of his hearing. As has been said previously, he can visit you in a neighbouring country or maybe even in Canada although that is less likely.
 
Aug 25, 2017
6
0
Thank you so much for your quick replies.

or maybe even in Canada although that is less likely.
I'm sorry one more question, what about family sponsorship program? When (if?) he managed to get permanent residency would it be possible to apply? I tried to read more about the family class thing but I couldn't get a tenuous grasp on what it is and if it's the case here.

Again thank you! The thing is our parents are old, 70 and 67, and I don't think they would wait for four years tell he gets the citizenship not to mention that it will kill them to know they won't be able to see him again.
 

scylla

VIP Member
Jun 8, 2010
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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
Thank you so much for your quick replies.



I'm sorry one more question, what about family sponsorship program? When (if?) he managed to get permanent residency would it be possible to apply? I tried to read more about the family class thing but I couldn't get a tenuous grasp on what it is and if it's the case here.

Again thank you! The thing is our parents are old, 70 and 67, and I don't think they would wait for four years tell he gets the citizenship not to mention that it will kill them to know they won't be able to see him again.
Sponsoring his parents may be possible - however there are a number of conditions he will have to meet (as well as your parents). First of all, he will have to make enough income from a job in Canada for three years in a row to qualify, then he will have to enter the lottery and be selected (there are far more people wanting to sponsor their parents than spots available), lastly your parents will have to pass a medical to qualify. He doesn't need citizenship to sponsor his parents - but it's by no means a fast process and there are minimum income requirements he will have to meet.
 
Aug 25, 2017
6
0
Thank you. I can't tell you how much your replies are appreciated. I'm not able to drink water since yesterday without suffocating or even sleep. Thank you for your help and support!
I hope there is something else out there that could be done.
 

scylla

VIP Member
Jun 8, 2010
95,852
22,113
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
Thank you. I can't tell you how much your replies are appreciated. I'm not able to drink water since yesterday without suffocating or even sleep. Thank you for your help and support!
I hope there is something else out there that could be done.
I don't understand what you mean by 'something else out there that can be done'. The rules are very clear. As others have explained, even once your brother has PR, he cannot visit his home country. If he does, he'll put himself on a path to having his PR status revoked.

Given your brother was a refugee, your parents will not be approved for a visitor visa to Canada and won't be able to visit him here. Sponsoring your parents for PR will take a long time - you should assume 4-5 years from now minimum.

As suggested above, if he wants to see your parents soon after becoming a PR, the only option will be for your parents and him to travel to a third country (not Canada, not your home country) and spend time there.
 
Aug 25, 2017
6
0
I know. It was a wishful thinking. They were just words and I didn't mean anything by that! We can't afford to move to another country each year just to meet him.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
I know. It was a wishful thinking. They were just words and I didn't mean anything by that! We can't afford to move to another country each year just to meet him.
If his refugee claim is successful and he gets PR in Canada, this will be your only option. As mentioned it will be quite a while (at least 4-5 years) before he can sponsor your parents, and even that is dependent on other factors like him winning a lottery spot for parents sponsorship, and your parents being relatively healthy with no expensive medical conditions so they would pass the medical exam.

Meeting in a 3rd country outside your home country or Canada, is your only realistic option to all meet together for the foreseeable future.
 

canadian90

Full Member
Feb 2, 2016
26
2
I don't understand what you mean by 'something else out there that can be done'. The rules are very clear. As others have explained, even once your brother has PR, he cannot visit his home country. If he does, he'll put himself on a path to having his PR status revoked.
If he waits to be a Canadian citizen, and then return to home country, will he lose his Canadian Citizenship? If not, what other factors to consider when returning to home country as a Canadian citizen "previously refugee"?
 

canuck78

VIP Member
Jun 18, 2017
55,589
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He won't be able to sponsor you (his brother) to come to Canada under the family sponsorship. I wouldn't start making plans until he has at least received his refugee status. Unfortunately many people do get refused.
 
R

rish888

Guest
Now that he got his PR, what changes does that make?
Nothing has changed. Any trip to his home country, or even a trip made using his home country's passport, will jeopardize his PR status. There is no way around this, no working something out, nothing. The rules are very, very clear.

You can meet in any country except his home country. This is your one and only option, it's really as simple as that.
 
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Aug 25, 2017
6
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Nothing has changed. Any trip to his home country, or even a trip made using his home country's passport, will jeopardize his PR status. There is no way around this, no working something out, nothing. The rules are very, very clear.

You can meet in any country except his home country. This is your one and only option, it's really as simple as that.
Yes that's what I meant to ask. Once he is a PR he can leave Canada to a third country and he doesn't have to wait for citizenship, right? Because I have read that applicants have to be resident in Canada for 1095 days in the four years immediately before they apply for citizenship, and I want to know if those days have to be consecutive.