Clarification about refugee steps.

[MkMCanada]

Hi all, i would appreciate sharing your knowledge about the inland refugee process,
as i know that the first steps are:
1- the interview at the time of applying
2- the hearing, which ideally should be after 60 days from the interview

now my question is:
would the decision be made after first hearing or there will be a "SECOND HEARING" ? and in case of second, how long usually it takes to get this second hearing? and what is the status of the applicant during first and second hearing? can i apply for a WP?

if there is no second hearing, then when can i apply for the PR? and can i add my wife (still on visitor visa, already in Canada) in my PR application? and what is her status during the PR processing?

Thanks a lot in advance for any contribution

 

[canuck78]

Hi all, i would appreciate sharing your knowledge about the inland refugee process,
as i know that the first steps are:
1- the interview at the time of applying
2- the hearing, which ideally should be after 60 days from the interview

now my question is:
would the decision be made after first hearing or there will be a "SECOND HEARING" ? and in case of second, how long usually it takes to get this second hearing? and what is the status of the applicant during first and second hearing? can i apply for a WP?

if there is no second hearing, then when can i apply for the PR? and can i add my wife (still on visitor visa, already in Canada) in my PR application? and what is her status during the PR processing?

Thanks a lot in advance for any contribution

First hearing is mostly a security clearance and to register you as an asylum seeker. Yes you need an actual hearing (2nd hearing) that is supposed to happen after 60 days but due to demand and possible delays due to background check it could be up to a year maybe more. It is very dependent on your country of origin and how complex your case is. You can apply for a work permit but I believe the processing time is up to 4-5 months. Given the current influx of asylum seekers I would imagine that will increase.

If your wife has been a visitor in Canada and has not applied for asylum that could be an issue since you are expected to apply for asylum as soon as possible if you fear for your life. Why is your wife not seeking asylum? She will not be able to remain in Canada indefinitely as a visitor. The PR question is getting a little ahead of yourself. It will be dependent on whether you get asylum and how long the process takes. The asylum process is not as easy and fast as you seem to think.

 

[MkMCanada]

First hearing is mostly a security clearance and to register you as an asylum seeker. Yes you need an actual hearing (2nd hearing) that is supposed to happen after 60 days but due to demand and possible delays due to background check it could be up to a year maybe more. It is very dependent on your country of origin and how complex your case is. You can apply for a work permit but I believe the processing time is up to 4-5 months. Given the current influx of asylum seekers I would imagine that will increase.

If your wife has been a visitor in Canada and has not applied for asylum that could be an issue since you are expected to apply for asylum as soon as possible if you fear for your life. Why is your wife not seeking asylum? She will not be able to remain in Canada indefinitely as a visitor. The PR question is getting a little ahead of yourself. It will be dependent on whether you get asylum and how long the process takes. The asylum process is not as easy and fast as you seem to think.

Thank you very much for your reply,
So do you mean by first hearing is the one at the time of registering my refugee case? and the second hearing is the one that should be "Ideally" in 60 days , which most cases gets postponed? and after this second hearing i can know weather my asylum case is accepted or not, so i can apply for the PR.

I'm Palestinian from Gaza, but i can't get a resident in my wife's country (because i'm Palestinian). so the question still remains, if the second hearing went ok then i can start the PR process (no matter how much time it will take) can i add her with me in the PR application? if yes, then whats her legal status would be before granting the PR? if not, can we keep extending her multi entry visitor visa?

Many thanks again,

 

[canuck78]

Yes you are correct that is how the asylum process works. After the hearing you will be notified by mail.

You situation seems a bit complex. Not being able to get status in your wife's country is not grounds for asylum. You would have to apply for PR and then sponsor your wife after you receive PR. It is highly unlikely that your wife's visitor visa will be extended for years. Most multi-entry visas are limited to 6 month say unless otherwise stated on the visa. You can apply to extend but no guarantees.

 

[MkMCanada]

You situation seems a bit complex. Not being able to get status in your wife's country is not grounds for asylum. You would have to apply for PR and then sponsor your wife after you receive PR. It is highly unlikely that your wife's visitor visa will be extended for years. Most multi-entry visas are limited to 5 month say unless otherwise stated on the visa. You can apply to extend but no guarantees.

That situation is not the core of my asylum case. it's one of the side complications i have to deal with in order not to end up living in Canada while my wife and my Canadian kid staying overseas. so my biggest concern is to keep her legally in Canada while I'm waiting for my PR. putting in consideration that claiming an asylum case for her is not an option for us.
I appreciate any advise for this situation.


Thanks again for your answer.

 

[Buletruck]

It's going to be unlikely IRCC will keep renewing her visa for an extended period. At some point they will decide she's not a visitor and expect her to leave. I also suspect if you claim asylum, the chances of her getting her visa extended will be next to impossible, based on you having a claim.

 

[MkMCanada]

It's going to be unlikely IRCC will keep renewing her visa for an extended period. At some point they will decide she's not a visitor and expect her to leave. I also suspect if you claim asylum, the chances of her getting her visa extended will be next to impossible, based on you having a claim.

Thank you Buletruck.

We still have the option of her travelling outside Canada every few months and comes back in a month or so.. so it doesn't have to be only extending, but offcourse i still prefer if there will be a legal status better and cheaper that paying air tickets every few months.!

I didn't get your point about me claiming asylum?!

 

[canuck78]

When you claim asylum it will be clear that your wife is not a visitor and that she is trying to live in Canada while your asylum case is processed followed by PR process if accepted. I noticed I said 5 months is the default amount for length of visit visa if not otherwise stated. I meant 6 months. If your wife leaves and then reenters frequently it will be up to the border agent to determine how long she is able to stay. I think that it is unlikely that you won't be separated for a period of time. Because I know others are under the impression that pregnancy may be grounds not be separated it is not so wanted to warm you ahead of time.

 

[Buletruck]

If she's making frequent trips to Canada and spending more time here than in her home country, she could find CBSA limiting or even declining her entry. If you have applied as a refugee, I expect that you have noted you are married and provided her information. IRCC will know that there is a relationship between the two of you and will probably tie her TRV to your file. They will know the ultimate intention is for her to come to Canada, so she is a risk for not meeting the requirements of the TRV (to be a visitor to Canada). That makes extensions of her stay difficult.

 

[MkMCanada]

Thanks a lot guys for your useful answers.