Client Portal
+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
  • Forums
  • Immigration to Canada
  • Refugees and Asylum

Does he still face removal?

K

Kiks04

Member
Oct 16, 2018
14
0
My husband's decision from the federal court has just been dismissed!what options does he have to remain in canada?
Can he get a study permit?
He has a business of his own and also has a work permit valid till next year,does that count for anything?what other options does he have?
Also we came in with visitors visa before filing the claim,if he leaves canada can he get a visa to come back?
My hearing date hasnt been fixed yet because we submitted separately
 
B

Buletruck

VIP Member
May 18, 2015
6,971
2,800
His removal order goes into effect with the negative decision from the court. How long have you been in Canada? When was your refugee claim first refused? Is the current decision a judicial review? Did you appeal to the IRB? Do you have children with you in Canada?
 
K

Kiks04

Member
Oct 16, 2018
14
0
Buletruck said:
His removal order goes into effect with the negative decision from the court. How long have you been in Canada? When was your refugee claim first refused? Is the current decision a judicial review? Did you appeal to the IRB? Do you have children with you in Canada?
Click to expand...
Yes we have a child.a little girl of 16months.he just got the mail
 
B

Buletruck

VIP Member
May 18, 2015
6,971
2,800
He can apply for H&C. Be warned, that won’t prevent his removal. He doesn’t need to receive The removal order .....you signed it when you claimed asylum. It’s been stayed while you claim is processing. Given the short timeline from application to a negative JR, be prepared for CBSA to move quickly to enforce the removal order. The application will be processed even if he’s removed, but the odds of a successful H&C claim are marginal.
 
K

Kiks04

Member
Oct 16, 2018
14
0
Buletruck said:
He can apply for H&C. Be warned, that won’t prevent his removal. He doesn’t need to receive The removal order .....you signed it when you claimed asylum. It’s been stayed while you claim is processing. Given the short timeline from application to a negative JR, be prepared for CBSA to move quickly to enforce the removal order. The application will be processed even if he’s removed, but the odds of a successful H&C claim are marginal.
Click to expand...
Him having a business in canada and a valid work permit,doe it count for anything?
 
B

Buletruck

VIP Member
May 18, 2015
6,971
2,800
The visa and business don’t count for anything. The removal order takes president and the work permit will be cancelled. If he is removed, apart from a successful H&C application, he won’t be getting any sort of visa or permit anytime soon for Canada ( or anywhere else for that matter) if he is removed.
Being as you have exhausted all the appeal possibilities for his refugee claim, chances are slim he won’t be processed for removal. You claim will be assessed separately.
 
K

Kiks04

Member
Oct 16, 2018
14
0
Buletruck said:
The visa and business don’t count for anything. The removal order takes president and the work permit will be cancelled. If he is removed, apart from a successful H&C application, he won’t be getting any sort of visa or permit anytime soon for Canada ( or anywhere else for that matter) if he is removed.
Being as you have exhausted all the appeal possibilities for his refugee claim, chances are slim he won’t be processed for removal. You claim will be assessed separately.
Click to expand...
What are my chances?what would you advice? I am using a separate lawyer for my own case but it's based on his claim.can he apply for express entry?
 
K

Kiks04

Member
Oct 16, 2018
14
0
Kiks04 said:
What are my chances?what would you advice? I am using a separate lawyer for my own case but it's based on his claim.can he apply for express entry?
Click to expand...
I think my attorney already started the H&C application.i hope its successful.
 
B

Buletruck

VIP Member
May 18, 2015
6,971
2,800
Your attorney or his? You can’t apply for H&C unless you withdraw your claim. If you only received the decision today, why would a lawyer have started an H&C claim? And it still won’t prevent a removal.
What is your home country?
 
You must log in or register to reply here.