Considered "Refugee" after H&C case

[THM]

Hello,

I work & live overseas in a foreign country ( not home country). My wife & kids won H&C case for PR inside Canada (due to risk & instability in home country) . They received new PR cards recently. We were advised by friends that they should not travel to visit home country. My family flew to Europe to meet me and on returning to Canada , she was asked to see immigration. They asked if she visited home country and advised she wshould not do that. I ahve 2 questions please:

1- although we did not fiel for Refugee status , and we only filed a H&C application, we were considered "Refugees" due to home country ,,, why is that ...?

2- how long will this Ban on visiting home country last ..?

3- I applie for PR ( SPonsored by my wife ) ,, ... will I also be banned from visiting home country ... (( Note: I was not included in the original H&C application , where they were considered refugees and received PRs).

any help is appreciated ....

 

[scylla]

Hello,

I work & live overseas in a foreign country ( not home country). My wife & kids won H&C case for PR inside Canada (due to risk & instability in home country) . They received new PR cards recently. We were advised by friends that they should not travel to visit home country. My family flew to Europe to meet me and on returning to Canada , she was asked to see immigration. They asked if she visited home country and advised she wshould not do that. I ahve 2 questions please:

1- although we did not fiel for Refugee status , and we only filed a H&C application, we were considered "Refugees" due to home country ,,, why is that ...?

2- how long will this Ban on visiting home country last ..?

3- I applie for PR ( SPonsored by my wife ) ,, ... will I also be banned from visiting home country ... (( Note: I was not included in the original H&C application , where they were considered refugees and received PRs).

any help is appreciated ....

On what grounds did your wife claim H&C?

 

[THM]

as I mentioned , risk & instability in home country ....

 

[scylla]

as I mentioned , risk & instability in home country ....

Sorry - I missed that in your original post.

In that case, it wouldn't make sense for her to be returning to her home country and would cast doubt on the validity of her H&C claim. Yes - it's normally refugees who cannot return to their home countries. However I suppose IRCC could end up looking into your wife's claim post PR if they feel there was misrepresentation. She should avoid traveling to her home country until she has citizenship if she wants to be 100% sure she won't have issues.

You shouldn't have issues since it sounds like you weren't part of the claim.

 

[canuck78]

Assume the fact that your wife applied for PPRA on top of H&C adds to the fact that it would look very suspicious if suddenly she felt comfortable returning to Egypt.

 

[THM]

Sorry - I missed that in your original post.

In that case, it wouldn't make sense for her to be returning to her home country and would cast doubt on the validity of her H&C claim. Yes - it's normally refugees who cannot return to their home countries. However I suppose IRCC could end up looking into your wife's claim post PR if they feel there was misrepresentation. She should avoid traveling to her home country until she has citizenship if she wants to be 100% sure she won't have issues.

You shouldn't have issues since it sounds like you weren't part of the claim.

thanks ,, Yes I was not part of the claim ,,, any way I can confirm that ,,? is tis mentione dnywhere in IRCC guidelines ...?

 

[scylla]

thanks ,, Yes I was not part of the claim ,,, any way I can confirm that ,,? is tis mentione dnywhere in IRCC guidelines ...?

Sorry - I'm not aware of where this would be specifically mentioned.

 

[THM]

Sorry - I'm not aware of where this would be specifically mentioned.

thanks anyway ....

 

[canuck78]

Given that you have been trying to keep your PR status for almost 10 years after failing to meet your RO and have gone through at least one appeal, the H&C and PPRA your family got very lucky and were able to stay in Canada the whole time and got PR. It’s also unclear whether one of your sons needed to get a study permit or continued studying as a domestic student when he wasn’t entitled to. It looks like you may have had to go through the US border to get into Canada to be able to claim H&C. Returning to Egypt after finally getting PR would disapprove all your claims. Why risk it? Many have been denied for much less.