Interview isn’t a hearing. Could be 2 years before you get a hearing. The fact that you would consider returning to your home country raises concerns that your reasons for needing asylum are not very strong. Are you trying to immigrate and thought or were told that asylum is an easy way to remain in Canada? I know there has been a lot of false information in certain countries, like India, where people have been counselled to come to Canada and claim asylum and you’ll be able to remain in Canada and will receive enough benefits to easily live in Canada. This isn’t the case but there has been a large influx of Indians arriving to claim asylum in the past few years who seem to have been duped into selling their belongings thinking that their stay in Canada is guaranteed. It seems that you had explored express entry before. Do you have strong reasons for asylum and the associated proof? Have you looked to see if you qualify for all the express entry programs? Have you ever spent time working or studying in Canada or was your recent arrival your only entry?
Can I withdraw my Refugee Claim and apply under different category?
- Thread starter rabed
- Start date
Im not Indian and I’ve been in Canada for 3 years. studying, working and paying tax. I’m not looking for any financial help as a refugee. right now due to the bad situation of my country I can’t go back. I’ve never had any plan to become refugee but I had no choice bcos they may take my passport and arrest me in the airport due some protests that I’ve been attended in Canada against my brutal regime. Yes I’m in express entry pool for almost 9 months. score 460.
Please explore PNP as well since there's quite a low chance of an invite through EE directly with a score of 460. Or significantly increase your score through learning French, etc.
If you end up getting an invite or nomination, your current status in Canada is an issue and you'll need to withdraw your refugee claim and leave before you submit the application. The challenge with this is that this typically means you have to return back to your home country. Typically travel to a third country isn't possible in this situation. Also keep in mind that you may have to be outside of Canada for a couple of years while the PR application is processed and you should expect you won't be able to return to Canada during this time (not until your PR application is approved).
Ultimately it will be easier if your refugee claim is accepted and you get PR through that path. I would focus on this and prepare well for the interview. The economic immigration path is quite complicated for you since you have claimed refugee status. Good luck regardless of what happens.
Unfortunately you no longer qualify for express entry if you claim asylum. Once you claim asylum you are left without the option to apply for most other pathways to PR. If you had studied and worked you should have tried to extend your WP versus claim asylum.
I had a good job in my country, I didn’t need to apply for any of the Canadian immigration programs. I visited only France and Usa. But I have never been interested to come to Canada. I came as I had no option. I could not stay in the USA since it’s difficult to claim asylum there. Anyway I am honest and positive . I have proof of the persecution in my country. I read in a forum that being persecuted for having protected or defended a social group like LGBTQI makes you in some extent part of it and makes you eligible for asylum now all depends on how you can clearly demonstrate
The fact that you were in both France and US does actually mean you had options. As you said in your application you chose to cross into Canada because you felt that it was easier to gain asylum in Canada Vs the US. Nobody can guess what the outcome of your application will be. You asked whether being LGBTQIA+ would have made your case stronger and the answer is yes. You should be asking your lawyer about your case. Nobody can determine from posts on a forum how strong your case for asylum will be.
I discussed with a lawyer in the USA and he told me the story makes a good asylum case in the usa and the related evidences as well since, we as human can never tolerate any form of injustice and defending the LGBTQI is a form of fighting against injustice. He advised me to claim asylum in the USA but I told him that I would appreciate to do it in Canada and he said he is not qualified in the Canadian asylum procedures, that’s why I asked a question in the group. Anyway there is no way to move backwards. I will find a lawyer and discuss with him regarding this.
Hi
Please reply
I want to asked something. One year ago, In canada I have apply refugee file and after when I get my hearing before 20 days I have withdrawal my case so what are the outcomes?? How long I can stay in canada?? Any ban?? Or can I apply LMI?
Please reply
I want to asked something. One year ago, In canada I have apply refugee file and after when I get my hearing before 20 days I have withdrawal my case so what are the outcomes?? How long I can stay in canada?? Any ban?? Or can I apply LMI?
Withdrawing the application triggers the departure order. You need to make plans to leave quickly or the departure order becomes a deportation order. You have 30 days to leave Canada before this happens.
I assume you are asking about an LMIA? The answer is no. You cannot apply for an LMIA / work permit. This is because you are out of status in Canada. You must leave Canada.
But I have withdrawal my application in January and I didn’t get any notice from immigration and there is no criminal records here then why leave Canada??
I didn’t even mention the reason of withdrawing my case.
Can Immigration give me time to stay more???
And what is time period?? One year?? Month??
I didn’t even mention the reason of withdrawing my case.
Can Immigration give me time to stay more???
And what is time period?? One year?? Month??
Withdrawing your application triggers a deportation order. You signed a deportation document when you applied for asylum that is put on hold while you apply for asylum. You have been without status in Canada since January. Without status there is no pathway for economic immigration or usually WP or SPs from within Canada
Ohh but I am still working with company in my SIN number so What are the outcomes now??
Can I apply LMIA in india in future??
How much I have time here??
Before they issued permit for 2years
Can I apply LMIA in india in future??
How much I have time here??
Before they issued permit for 2years
-Dose the company know you withdraw your application ?, and you don’t have status in Canada! I assume no , so that’s why the didn’t tell anything!
-you need to leave Canada long ago.
-the WP becomes void once you don’t have a status in canada.