Can I withdraw my Refugee Claim and apply under different category?

[rabed]

Hi Everyone,

I came Canada with visitor visa on 6th May'17 and after staying some days. Someone told told me to stay here for long and introduced me a lawyer (may be he got some commission for there). Then as per lawyer advise i have claim political asylum here. I got my protection documents with a confirm hearing date on 18th July'17. I was also waiting for work permit but on 6th July'17 CBSA sent a letter to my lawyer that my hearing is being suspended due to inadmissible issue and on later date they will inform about admissible hearing only. Now i am in very bad situation i can't work sitting ideal and finish all my money which i brought from my back home. And I clearly understand it's was a very bad decision and complicated issue it will take long time to get a work permit.

Kindly advise me which one will be good for me.

1) If I withdraw my refugee claim then do I face any danger to go back my home? meaning do CBSA put any seal/chop in my passport?

2) Can i withdraw my claim and after that (within one month time) can i again apply again through another lawyer for LMIA for work permit here? Because another person told me some lawyer is there who can help me for work permit under LIMA. Is this true and will be a wise decision?

I will be very grateful if you guide me from practical perspective.

Thank you.

 

[scylla]

If you withdraw your refugee claim, you'll need to leave Canada once you withdraw. If you want to apply for a work permit, you'll need to do that from outside of Canada after you've left. If someone says a lawyer can help you get an approved LMIA - I would say that sounds like a scam. Don't give them any money. You should apply for jobs with employers directly and avoid going through agents/lawyers.

A withdrawn refugee claim may make it more difficult for you to be approved for temporary visas in the future (e.g. visitor visa, work permit).

 

[rabed]

Thanks for your reply @scylla. In my first question after withdrawing the claim do they (CBSA) sent any document to my back home govt. about me? or do they put any seal/chop in my passport?

I am very clear about LMIA now thanks for your advise.

Other side, can you tell me how long it may take to admissible hearing? what happen if admissible hearing goes negative? Can I stay hear in canada? and when I and how I could get a work permit? or Is there any other way I can survive here?

Kindly inform me, i am very worried about my life here.

 

[rabed]

Can anyone tell me how long it may take to admissible hearing? what happen if admissible hearing goes negative? Can I stay hear in canada? and when I and how I could get a work permit? or Is there any other way I can survive here?

Kindly inform me, i am very worried about my life here.

 

[Mancoyvib]

You should be able to get your work permit after you had your medicals done. In about 40 days 2 months.

 

[Rob_TO]

hearing is being suspended due to inadmissible issue and on later date they will inform about admissible hearing only.

Why are they saying you're inadmissible?

 

[Mitti]

Im in Canada and I wanna know If a refugee claim is withdrawn, can get PR under diff categories? My refugee application is not referred to board of canada yet and is still open in IRCC portal. I just did medical. My CRS score in express entry pool goes up and I probably get invitation soon. I don’t know exactly what should I do im really struggling

 

[hervet]

Im in Canada and I wanna know If a refugee claim is withdrawn, can get PR under diff categories? My refugee application is not referred to board of canada yet and is still open in IRCC portal. I just did medical. My CRS score in express entry pool goes up and I probably get invitation soon. I don’t know exactly what should I do im really struggling

Don’t withdraw your asylum claim, face the situation. If you withdraw the only outcome is you getting deported with no possibility of claiming asylum someday in Canada and with less than 10 percent of chance to be granted any Canadian visa in the future. Wait for the outcome from CBSA and if you are judged finally to be inadmissible before you get deported you will ask for pre removal assessment. Mean while try to apply for some benefits from local social services in your province. Most important thing don’t withdraw your claim. Unless you don’t want to stay in Canada and don’t wanna come back later

 

[Mitti]

Don’t withdraw your asylum claim, face the situation. If you withdraw the only outcome is you getting deported with no possibility of claiming asylum someday in Canada and with less than 10 percent of chance to be granted any Canadian visa in the future. Wait for the outcome from CBSA and if you are judged finally to be inadmissible before you get deported you will ask for pre removal assessment. Mean while try to apply for some benefits from local social services in your province. Most important thing don’t withdraw your claim. Unless you don’t want to stay in Canada and don’t wanna come back later

Thanks a lot, you’ve been very helpful. hope everything goes well. You are right I should face the situation and wait for result.

 

[canuck78]

Im in Canada and I wanna know If a refugee claim is withdrawn, can get PR under diff categories? My refugee application is not referred to board of canada yet and is still open in IRCC portal. I just did medical. My CRS score in express entry pool goes up and I probably get invitation soon. I don’t know exactly what should I do im really struggling

You would need to leave Canada to qualify for most other immigration programs. You could leave Canada and apply for PR if you think you will get selected. If you leave Canada you can still qualify for express entry programs. You will have difficulty getting approved for any temporary visas/permits.

Really depends on whether you have a strong case for asylum. If you do have proof that your life is at risk in your home country and that you’ve explored moving to another part of the country but your life is still at risk there then you don’t really have an option you must try to get asylum in Canada and appeal if denied no matter how long the process takes. Applying for express entry is almost always a faster way to get PR if you meet the requirements for the express entry program and your application is likely to get selected.

In general, applying for asylum should be someone’s last option. If you qualify to come to Canada via other means that is usually the best option. Usually faster way to get status and you can return to your home country and not have to wait until you gain Canadian citizenship which could be 10+ years from the time someone applies for asylum in some cases.

 

[Mitti]

You would need to leave Canada to qualify for most other immigration programs. You could leave Canada and apply for PR if you think you will get selected. If you leave Canada you can still qualify for express entry programs. You will have difficulty getting approved for any temporary visas/permits.

Really depends on whether you have a strong case for asylum. If you do have proof that your life is at risk in your home country and that you’ve explored moving to another part of the country but your life is still at risk there then you don’t really have an option you must try to get asylum in Canada and appeal if denied no matter how long the process takes. Applying for express entry is almost always a faster way to get PR if you meet the requirements for the express entry program and your application is likely to get selected.

In general, applying for asylum should be someone’s last option. If you qualify to come to Canada via other means that is usually the best option. Usually faster way to get status and you can return to your home country and not have to wait until you gain Canadian citizenship which could be 10+ years from the time someone applies for asylum in some cases.

Can I stay in canada while processing my claim and if I get express entry invitation leave Canada and withdraw my refugee case? If I go back to my country they may get my passport and won’t let me to come back to Canada again it would be risky. In this case I can travel to different country and coming back after a month. My mind is blowing I can’t make a decision.

 

[scylla]

Can I stay in canada while processing my claim and if I get express entry invitation leave Canada and withdraw my refugee case? If I go back to my country they may get my passport and won’t let me to come back to Canada again it would be risky. In this case I can travel to different country and coming back after a month. My mind is blowing I can’t make a decision.

Technically you could wait for ITA, withdraw your refugee application, leave Canada and then submit your application outside of Canada. However you should definitely assume you will not be able to return to Canada in a month due to the withdrawn refugee application. You need to assume that you will not be able to return to Canada until your EE application has been fully processed and approved and you have been issued a COPR to come to Canada and land as a PR.

 

[Mitti]

Oh thanks, in this case I have to wait at least a year or more to get my PR after ITA generated. Also my CRS score is 460 probably taking few months to get ITA, so if immigration processing everything quickly it takes 2 years.

 

[scylla]

Oh thanks, in this case I have to wait at least a year or more to get my PR after ITA generated. Also my CRS score is 460 probably taking few months to get ITA, so if immigration processing everything quickly it takes 2 years.

You won't get ITA through EE / FSW with a score of 460. This program is very competitive and your score is too low. If you have at least a year of full time Canadian work experience, then CEC may be possible if IRCC does a CEC specific draw. However all of the recent draws have been general and the last draw this week had a cut off of 507. There's no guarantee of further CEC draws. So if you want to go the economic immigration route, you either need to look into increasing your score by quite a bit or see if you qualify for any of the PNP programs. Also keep in mind that any work experience gained on a work permit associated with your refugee claim can't be used towards as work experience towards an economic immigration application.

 

[Mitti]

You won't get ITA through EE / FSW with a score of 460. This program is very competitive and your score is too low. If you have at least a year of full time Canadian work experience, then CEC may be possible if IRCC does a CEC specific draw. However all of the recent draws have been general and the last draw this week had a cut off of 507. There's no guarantee of further CEC draws. So if you want to go the economic immigration route, you either need to look into increasing your score by quite a bit or see if you qualify for any of the PNP programs. Also keep in mind that any work experience gained on a work permit associated with your refugee claim can't be used towards as work experience towards an economic immigration application.

Thanks for all infos, today I’ve received interview on call letter through IRCC portal, I have to go for interview in 2 weeks in Etobicoke. I know the score in a draw is so high and I haven’t any chance right now although they may open more space for more ppl. Anyway I should wait for interview result, I’ll share it again here and hope not giving me removal.