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Claim a refugee after giving up PR status?

Peace Lover

Member
Dec 19, 2013
19
0
I have a PR in canada and didn't meet the residency requirement. I live in the Gulf region now and I am considering giving up my PR and claim a refugee protection because I am unable to return to Canada with expired PR card. My case can be very strong because I of the conflict in my original country since 6 years. Will the renounced PR status affect my application in the future? I also have a Canadian son. Will this work on my side or against it if I claim refugee protection?
 

Peace Lover

Member
Dec 19, 2013
19
0
I did not meet the minimum RR and if I apply and it get rejected I wil lose the PR and it might be difficult to get a visit visa. Please let me know if this is incorrect !
 

scylla

VIP Member
Jun 8, 2010
95,944
22,184
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
If you have valid reasons for why you were unable to meet RO, then I think you're far (far far far) better off applying for a PRTD under H&C.

I honestly don't see a refugee claim succeeding...
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
scylla said:
If you have valid reasons for why you were unable to meet RO, then I think you're far (far far far) better off applying for a PRTD under H&C.

I honestly don't see a refugee claim succeeding...
I have to agree. Using a refugee case as a way to get round the non-compliance with the residency obligation requirements will be seen in a very negative way. The OP seems to be quite safe where (s)he is. Sufficiently so to not NEED to return to the safety of Canada when (s)he was able to do so.
 

Peace Lover

Member
Dec 19, 2013
19
0
zardoz said:
I have to agree. Using a refugee case as a way to get round the non-compliance with the residency obligation requirements will be seen in a very negative way. The OP seems to be quite safe where (s)he is. Sufficiently so to not NEED to return to the safety of Canada when (s)he was able to do so.
I am not trying to move around the non-compliance of the requirements and I believe you don't know what are my reasons to leave Canada after I settled down!
And I believe this forum is to get advise from knowledgable people and not to be lectured.

Thank you.
 

Buletruck

VIP Member
May 18, 2015
6,880
2,713
I'd still exhaust every other avenue before renouncing and applying as a refugee. I agree that once you renounce, it will likely be difficult to get a TRV and, whether you think it's a lecture or not, a refugee claim will be seen as a means to circumvent the RO of your PR.
 

Peace Lover

Member
Dec 19, 2013
19
0
Buletruck said:
I'd still exhaust every other avenue before renouncing and applying as a refugee. I agree that once you renounce, it will likely be difficult to get a TRV and, whether you think it's a lecture or not, a refugee claim will be seen as a means to circumvent the RO of your PR.
Thanks Bukertruck. Your advice is fair enough and it is in no way perceived as the above response. Respect and understood.
 

Buletruck

VIP Member
May 18, 2015
6,880
2,713
If you can manage to get or have a US visa (I know, not the easiest thing to deal with these days) you could fly into the US and cross at a land border (either walk or drive). You may still get reported, but you would still be allowed into Canada while you appeal.
 

Peace Lover

Member
Dec 19, 2013
19
0
Buletruck said:
If you can manage to get or have a US visa (I know, not the easiest thing to deal with these days) you could fly into the US and cross at a land border (either walk or drive). You may still get reported, but you would still be allowed into Canada while you appeal.
I hope it worked. Visa rejected twice due to the current situation. I think the only way is to apply for a PRTD and I will either make it or break it !
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Peace Lover said:
I hope it worked. Visa rejected twice due to the current situation. I think the only way is to apply for a PRTD and I will either make it or break it !
You stated, a while ago, the following.
Peace Lover said:
Hello,

My family and I landed in Canada years ago and could not meet the stay requirement. We still have our PR status thought because I did not renounce the PR.

1) What are my chances to renew the PR and get back to Canada and meet the stay requirement? The reason why I left is to take care of my sick mother who fled the war in my home country. I also have a Canadian son and a property in Canada so not sure if this will support my case to go back to Canada.

2) I recently got another passport which does not require a visa to enter Canada. Can I use it to enter and then stay until we met the stay requirement or this will create some confusion at the boarders/my immigration file?
For this reason alone, it's unlikely that you would be able to claim refugee status. You already have the protection of another country.
 

Peace Lover

Member
Dec 19, 2013
19
0
zardoz said:
You stated, a while ago, the following. For this reason alone, it's unlikely that you would be able to claim refugee status. You already have the protection of another country.
Thank you for tracking old messages. The later was posted on behalf of someone else who wanted to know the answer for his case!