Claiming Asylum

[zahra204a]

Hello,

I am planning on hiring an immigration lawyer to help me moving forward but i would like some insight before moving forward with applications.
My uncle is a single male from Iraq, who is going to apply for a TRV. We understand he needs to show strong ties and have a valid reason in his letter, which is why we will have a lawyer. He did apply once and got rejected but that was due to an incompetent lawyer…unfortunately we were scammed. Will this affect his new application?

When he arrives we are going to make him claim asylum. Of course we understand that this is not a free ticket into Canada, he has valid reasons and we are gathering documents to prove the claims he will make in his BOC.
My question for you is, what are the steps in claiming asylum, how can me and my family assist him in this process, and if his BOC is approved will he really have to wait 1-3 years for his hearing? And will him having his family here affect anything(negatively or positively)?

Thank you in advance!

 

[scylla]

Hello,

I am planning on hiring an immigration lawyer to help me moving forward but i would like some insight before moving forward with applications.
My uncle is a single male from Iraq, who is going to apply for a TRV. We understand he needs to show strong ties and have a valid reason in his letter, which is why we will have a lawyer. He did apply once and got rejected but that was due to an incompetent lawyer…unfortunately we were scammed. Will this affect his new application?

When he arrives we are going to make him claim asylum. Of course we understand that this is not a free ticket into Canada, he has valid reasons and we are gathering documents to prove the claims he will make in his BOC.
My question for you is, what are the steps in claiming asylum, how can me and my family assist him in this process, and if his BOC is approved will he really have to wait 1-3 years for his hearing? And will him having his family here affect anything(negatively or positively)?

Thank you in advance!

IRCC keeps a record of all past applications. So they will be able to see that he applied before, what he said in that application, and the refusal reasons. So yes, it's possible this past refusal could impact a new TRV.

Yes, you should expect there may be a wait of 1-2 years for the hearing (and longer for PR if he is approved / accepted).

You can find information on the process steps here: https://www.canada.ca/en/immigratio.../refugees/claim-protection-inside-canada.html

Having family in Canada will help him in terms of having a support structure / somewhere to live. However in terms of the refugee claim, I don't believe having family here is relevant. Whether he is approved or not will depend on the strength of his individual claim.

Good luck.

 

[Simba112]

Hello,

I am planning on hiring an immigration lawyer to help me moving forward but i would like some insight before moving forward with applications.
My uncle is a single male from Iraq, who is going to apply for a TRV. We understand he needs to show strong ties and have a valid reason in his letter, which is why we will have a lawyer. He did apply once and got rejected but that was due to an incompetent lawyer…unfortunately we were scammed. Will this affect his new application?

When he arrives we are going to make him claim asylum. Of course we understand that this is not a free ticket into Canada, he has valid reasons and we are gathering documents to prove the claims he will make in his BOC.
My question for you is, what are the steps in claiming asylum, how can me and my family assist him in this process, and if his BOC is approved will he really have to wait 1-3 years for his hearing? And will him having his family here affect anything(negatively or positively)?

Thank you in advance!

First step is to hire an immigration lawyer who will review basis of claim, then apply online. It will take up to 2 years to get hearing. Family wont affect his claim

 

[Naturgrl]

What were the reasons for the first refusal? He will need to address the reasons for refusal when he reapplies. Having an incompotent agent is not an excuse as your uncle would have signed the form to apply.

 

[jinglebell0123]

If he got visa to enter Canada, he got two options, either claim asylum at the airport or later when he enters the country. But my strong recommendation is he should claim asylum at the airport, the processing times for claiming asylum at the airport is much less than claiming it after. If he claims after entering then IRCC neglects his case and he should wait much more to get his eligibility interview and work permit. After he claimed asylum at the airport they give him 14 days to submit his BOC, in this period he can sit with a lawyer and get the forms ready. Hearing schedule is getting easier to get, it was 1 to 3 years but now it is less than one year after eligibility interview. All the best

 

[zahra204a]

What were the reasons for the first refusal? He will need to address the reasons for refusal when he reapplies. Having an incompotent agent is not an excuse as your uncle would have signed the form to apply.

No of course, our reason for refusal isnt the agent being incompetent. The problem is we were not given the record of why he was refused. We were given the application number and no further information.
Is there any way we can check the refusal reason ourselves? The application was done about 3-4 years ago

 

[zahra204a]

If he got visa to enter Canada, he got two options, either claim asylum at the airport or later when he enters the country. But my strong recommendation is he should claim asylum at the airport, the processing times for claiming asylum at the airport is much less than claiming it after. If he claims after entering then IRCC neglects his case and he should wait much more to get his eligibility interview and work permit. After he claimed asylum at the airport they give him 14 days to submit his BOC, in this period he can sit with a lawyer and get the forms ready. Hearing schedule is getting easier to get, it was 1 to 3 years but now it is less than one year after eligibility interview. All the best

Thank you !

 

[Naturgrl]

No of course, our reason for refusal isnt the agent being incompetent. The problem is we were not given the record of why he was refused. We were given the application number and no further information.
Is there any way we can check the refusal reason ourselves? The application was done about 3-4 years ago

You can try GCMS notes.

 

[canuck78]

No of course, our reason for refusal isnt the agent being incompetent. The problem is we were not given the record of why he was refused. We were given the application number and no further information.
Is there any way we can check the refusal reason ourselves? The application was done about 3-4 years ago

Would start with seeing if he can get a TRV. As a single man from Iraq in his 20s he will raise a lot of red flags. He will need very strong ties to Iraq (decent job, dependent family members like spouse and children, etc.), valid reason to travel, good savings, previous travel to countries like US, UK, Australia, etc. to have the best chance of getting a TRV. Without knowing if he can get a TRV there is no point in worrying too much about the details about asylum. Asylum must be more than economic reasons. You can order GCMS notes to find out the details of his previous refusal but TRVs from Iraq get refused very easily.

 

[zahra204a]

Would start with seeing if he can get a TRV. As a single man from Iraq he will raise a lot of red flags. He will need very strong ties to Iraq (job, dependent family members like spouse and children, etc.), valid reason to travel, good savings, previous travel to countries like US, UK, Australia, etc. to have the best chance of getting a TRV. Without knowing if he can get a TRV there is no point in worrying to much about the details about asylum. You can order GCMS notes to find out the details of his previous refusal but TRVs from Iraq get refused very easily so may not have to do with the agent.

Thats understandable. Lack of travels will definitely be a problem. I suppose A TRV might have to be reconsidered. Although, he has tons of assets and his mother and sister are dependent on him.
Should we consider a work visa?

 

[canuck78]

Thats understandable. Lack of travels will definitely be a problem. I suppose A TRV might have to be reconsidered. Although, he has tons of assets and his mother and sister are dependent on him.
Should we consider a work visa?

Does he have high level skills and work experience? Mother and sister are not considered dependents. Any young male in his 20s applying for amy type of temporary permit will be a warning sign for not intending to return to Iraq.

 

[zahra204a]

Would him being 33 years old still consider him young?
In his country, hes considered skilled at his job. Not sure his skills there would be considered high level skills in canada..

 

[Naturgrl]

Would him being 33 years old still consider him young?
In his country, hes considered skilled at his job. Not sure his skills there would be considered high level skills in canada..

He needs an approved LMIA from a Canadian employer. Then he applies for a closed work permit showing that only he has the experience to do the job. Get IELTS and ECA completed. What is his skilled job?

What are ”tons of assets?” His mother and sister are not considered ties. Family ties at 33 are spouse and children.

 

[zahra204a]

He needs an approved LMIA from a Canadian employer. Then he applies for a closed work permit showing that only he has the experience to do the job. Get IELTS and ECA completed. What is his skilled job?

What are ”tons of assets?” His mother and sister are not considered ties. Family ties at 33 are spouse and children.

He has a few properties in his name, in his previous TRV he showed how much money he has in the bank. I understand a spouse and children would be his best family ties but he is simply not married…he is a glazier and runs a business for this work.

 

[scylla]

Thats understandable. Lack of travels will definitely be a problem. I suppose A TRV might have to be reconsidered. Although, he has tons of assets and his mother and sister are dependent on him.
Should we consider a work visa?

Has he secured a job offer in Canada and has his employer obtained an approved LMIA? If so, then he can apply for a work permit. Otherwise that's not possible.