Don't travel with your home country passport

[betteka]

I see a lot of confusion on home country passport rules (and sometimes stubborn) from people that already being accepted as refugees or already gained PR but not yet a Canadian citizen. Even though some people said "Oh, I used my passport but not to my home country and nothing happened so far."

So here's something that CIC actually post advising refugees NOT to use their home country passport:

The Minister of Immigration, Refugees and Citizenship Canada (IRCC) can apply to the Immigration and Refugee Board (IRB) for an order that takes away someone's status as a protected person. And therefore, his PR as a protected person

One type of order that does this is called a "cessation" order. (The Minister can also apply for a “vacation” order. There are also other reasons for cessation not discussed here.)

What is cessation?
The IRB makes a cessation order if it decides after a hearing that a person no longer needs refugee protection.

In some cases, cessation can lead to a refugee also losing their permanent resident status.

Even permanent residents who have lived in Canada for many years could be forced to leave.

One of the reasons that a refugee can lose their permanent resident status is if they voluntarily go back under the protection of their "country of nationality". This is the country they were a citizen of when they fled.

Going back under the protection of the country of nationality is called "re-availment".

The Minister may apply for cessation based on this reason if a protected person has:

travelled to their country of nationality
applied for or renewed a passport issued by that country
How would the Minister find out about a person's passport or travel history?
When a permanent resident comes back to Canada, a Canada Border Services Agency (CBSA) officer questions them.

CBSA officers look for cases where the Minister could apply for cessation.

The Minister might also apply for cessation if a protected person applies for Canadian citizenship and has visited their home country in the last four years.

Citizenship and Immigration Canada (CIC) asks citizenship applicants about every trip they took outside Canada in the last four years. They have to say where they went, for how long, and the reason they travelled.

CIC can also get information from CBSA about every time a person enters Canada.

Any type of application that asks for information about travel history could put a protected person at risk. This is because it could lead to the Minister applying for cessation.

These types of applications include:

an application for Canadian citizenship
an application to Passport Canada for a refugee travel document
an application to CIC for a new or replacement permanent resident card
an application to CIC to sponsor a spouse or partner in the home country if the sponsor has visited them there

How can a permanent resident avoid a cessation application?
A protected person who is not a Canadian citizen should:

not apply for or renew a passport from their country of nationality or travel to that country
get legal advice before making any application to CIC or Passport Canada
If they need to travel, they should use a refugee travel document instead of a passport from their country of nationality. If they need to go back to that country, they should get legal advice before going so they understand the risks.

A protected person should also get legal advice before applying for citizenship in a country other than Canada.

Getting a new citizenship can also lead to a cessation order that strips a refugee of their permanent resident status and leads to removal from Canada.


What should a protected person do if the Minister has applied for cessation?
They should get legal help.

A lawyer may be able to convince the IRB that the Minister's application should fail. For example, the person may have returned to their country or gotten a passport for reasons that show that they didn't go back under the protection of that country.

If there already is a cessation order, it is difficult to challenge the decision. But a lawyer can ask the Federal Court if it will agree to review the decision.

Yes there is a high chance of losing it and being deported from Canada. Governmentstrip permanent resident status from refugees who were granted asylum in Canada and later returned to the country where they once faced persecution.




http://www.cic.gc.ca/english/resources/tools/refugees/vacation/index.asp

Again:


If they need to travel, they should use a refugee travel document instead of a passport from their country of nationality.


But then again, it is YOUR CHOICE since it is your life and own free decision. YOU DON'T WANT TO MESSING AROUND WITH THE IMMIGRATION LAW. This forum is here to help and share each of our own experiences ;D 8)

 

[canadatraveldocument]

you keep saying this but it is not true , as i said i had claimed refugee inside Canada and immigration took all my national IDs including my passport and they kept them and gave me back 5 years later when i had PR interview, when i had interview with one immigration officers for my PR card and she gave me back all my IDs and my National passport and she stamp on one of my passport pages and also under immigration stamp she wrote T622651483(these number for example but similar) and she told me this is your travel document you can fly with,,, but for no reason you just bring back this again and again. i dont want argue about this topic ,but if any body tell me why you travel with your passport i will say this immigration officer told me your national passport is your travel document, so please for every one who read my comment if you have your national passport before you apply for refugee here in Canada if immigration kept your passport and then give it to you back after you got your PR just travel with your passport until it become expire then DO NOT renew it in your country embassy Just apply for refugee travel document

 

[encantado]

I see a lot of confusion on home country passport rules (and sometimes stubborn) from people that already being accepted as refugees or already gained PR but not yet a Canadian citizen. Even though some people said "Oh, I used my passport but not to my home country and nothing happened so far."

So here's something that CIC actually post advising refugees NOT to use their home country passport:

Again:


If they need to travel, they should use a refugee travel document instead of a passport from their country of nationality.


But then again, it is YOUR CHOICE since it is your life and own free decision. YOU DON'T WANT TO MESSING AROUND WITH THE IMMIGRATION LAW. This forum is here to help and share each of our own experiences ;D 8)

Unfortunately the only person who is stubborn here it's you. Using national passport doesn't mean automatic revocation of PR status. Yes, it puts it on risk, but not 100%.

 

[LuckyGirl88]

I think bettaka, you should start concentrating on your life here in Canada as you are new here. everything doesn't end with getting a PR.

 

[betteka]

Unfortunately the only person who is stubborn here it's you. Using national passport doesn't mean automatic revocation of PR status. Yes, it puts it on risk, but not 100%.

I never said automatic revocation of PR.

Please stop trying too hard to make yourself look smart when you simply twisting someone else's word.

 

[fongo]

CBSA may argue that you have accepted the protection of your home country if you:

Travel to your home country (even for a short visit).
Travel using the passport of your home country.
Apply for a new passport from your home country.

CBSA may make these arguments against you even if you have lived in Canada for many years.

* (CBSA: Canada Border Services Agency)

*http://ccrweb.ca/en/cessation-basic-information*

 

[fongo]

Losing your right to remain in Canada: Cessation
Information for persons with refugee status (even those who are also Permanent Residents)
Recent changes to the law mean that people in Canada who have refugee (protected person) status can more easily lose their right to remain in Canada and face deportation.

This may concern you if:
You have refugee status in Canada because you were accepted as a refugee after making a refugee claim in Canada, or because you were resettled to Canada from another country, and
You are not yet a Canadian citizen (even if you are a Permanent Resident)
What is new:
Due to a recent change in the law, you can lose both your refugee status and your Permanent Residence if the Immigration and Refugee Board (IRB) decides that you accepted the protection of your home country (known as “re-availment”) and therefore that your refugee status should be removed (known as “cessation” of refugee status).

The Canada Border Services Agency (CBSA) is actively looking for cases in which they can argue that refugees have accepted the protection of their home country.
Actions that may put you at risk
CBSA may argue that you have accepted the protection of your home country if you:

Travel to your home country (even for a short visit).
Travel using the passport of your home country.
Apply for a new passport from your home country.
CBSA may make these arguments against you even if you have lived in Canada for many years.

What is the process?
CBSA submits an application for “cessation” (removal of refugee status) to the IRB.
The IRB holds a hearing at which you can argue why you should not lose status. It is very important to have a lawyer as these are complex legal questions and the potential consequences are very serious (including deportation from Canada).
The IRB either allows you to keep your refugee status or removes it. If your refugee status is removed you automatically lose your Permanent Residence as well. You will have no status in Canada and could face deportation.
If the IRB removes your refugee status, the opportunities for appeal are limited and uncertain, so it is important to present your strongest possible case to the IRB.
Points to note:
If you apply for Canadian citizenship and your application shows that you travelled to your home country, this information may be passed to CBSA which might apply for cessation.
You should ask for advice from someone knowledgeable about refugee law before travelling to your home country or contacting its government (including its embassy in Canada).
This change in the law is recent. We don’t know how the IRB or the courts will deal with these cases. For this reason, it is important for anyone facing an application to be represented by a lawyer who is well-informed about this issue.


Feb 2014
Summary:
Recent changes to the law mean that people in Canada who have refugee (protected person) status can more easily lose their right to remain in Canada and face deportation.

This resource provides basic information for persons with refugee status, including those who are also Permanent Residents.

 

[LoveCanada10]

you keep saying this but it is not true , as i said i had claimed refugee inside Canada and immigration took all my national IDs including my passport and they kept them and gave me back 5 years later when i had PR interview, when i had interview with one immigration officers for my PR card and she gave me back all my IDs and my National passport and she stamp on one of my passport pages and also under immigration stamp she wrote T622651483(these number for example but similar) and she told me this is your travel document you can fly with,,, but for no reason you just bring back this again and again. i dont want argue about this topic ,but if any body tell me why you travel with your passport i will say this immigration officer told me your national passport is your travel document, so please for every one who read my comment if you have your national passport before you apply for refugee here in Canada if immigration kept your passport and then give it to you back after you got your PR just travel with your passport until it become expire then DO NOT renew it in your country embassy Just apply for refugee travel document

What do you do if your passport is stolen or lost while you are in the foreign country? Simple answer please. Are you going to Canadian Embassy and tell them, OMG! I am so sorry I used my national passport but it is gone. Can you please do me a favor and give me something so I can travel with? Noting that Airlines do NOT accept PR Card as a valid travel document. It just let you get in Canada but not board the plane!! Also, what are you going to answer the border agent when asking why did you use your national passport which took you under your country's protection?! Well, good luck!!

 

[LoveCanada10]

I have no idea why it is such a big deal. There are many countries you can travel to using Refugee Travel Document. It only cost $120 and takes couple weeks to get processed. Just the feeling of having Canada Protection should be enough to get a Canadian Travel Document.

Why did you even come to Canada if you don't mind the protection of your own country?!! Non Stop abuse of the system.

 

[denrus89]

Quick question.
What if you've already become a citizen (being a refugee initially and a permanent resident throughout the process, of course), can you use your national passport in this case (if you are legally entitled to be a dual citizen)?
Can your Canadian citizenship be revoked for the same reasons the PR status may be revoked?
Can anyone shed any light on this issue?

 

[zardoz]

Quick question.
What if you've already become a citizen (being a refugee initially and a permanent resident throughout the process, of course), can you use your national passport in this case (if you are legally entitled to be a dual citizen)?
Can your Canadian citizenship be revoked for the same reasons the PR status may be revoked?
Can anyone shed any light on this issue?

Once you become a Canadian citizen, there are no restrictions.

 

[Lamia_Elg]

I see a lot of confusion on home country passport rules (and sometimes stubborn) from people that already being accepted as refugees or already gained PR but not yet a Canadian citizen. Even though some people said "Oh, I used my passport but not to my home country and nothing happened so far."

So here's something that CIC actually post advising refugees NOT to use their home country passport:

Again:


If they need to travel, they should use a refugee travel document instead of a passport from their country of nationality.

I called CIC after I received my home country passport back and asked them if I could use it to travel because some countries dont accept the travel document or need a visa.
They actually told me it's okay to use it with no problems.
I am not sure who to believe

But then again, it is YOUR CHOICE since it is your life and own free decision. YOU DON'T WANT TO MESSING AROUND WITH THE IMMIGRATION LAW. This forum is here to help and share each of our own experiences ;D 8)

 

[Glorious111]

Hello Guys,

Thank you for all the info. My case is a little different.I applied for refugee status and was denied.My appeal was also denied.Meanwhile, my wife applied separately with my BOC and was approved.She has now sponsored me for PR.Before we get PR, she is protected and I am not. With this peculiar case, am I free to travel to my home country when I get PR under her sponsorship?

 

[Kan786]

you keep saying this but it is not true , as i said i had claimed refugee inside Canada and immigration took all my national IDs including my passport and they kept them and gave me back 5 years later when i had PR interview, when i had interview with one immigration officers for my PR card and she gave me back all my IDs and my National passport and she stamp on one of my passport pages and also under immigration stamp she wrote T622651483(these number for example but similar) and she told me this is your travel document you can fly with,,, but for no reason you just bring back this again and again. i dont want argue about this topic ,but if any body tell me why you travel with your passport i will say this immigration officer told me your national passport is your travel document, so please for every one who read my comment if you have your national passport before you apply for refugee here in Canada if immigration kept your passport and then give it to you back after you got your PR just travel with your passport until it become expire then DO NOT renew it in your country embassy Just apply for refugee travel document

You are absolutely right !! My problem is that I have my PR as a protected person . It’s been 10 years I am in Canada and haven’t travelled so far . Haven’t seen my family for about the same time frame . The problem is I renewed my passport from home country haven’t used that passport neither travelled on it .

 

[Rawasi]

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