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Going back bome

zubia

Newbie
Jan 2, 2018
3
0
hi so i came to canada as a refugee, i claimed assylum. I wanna ask that can i go back to my country after getting a permanent residency to get married?
 

Buletruck

VIP Member
May 18, 2015
6,968
2,795
Not advisable. You can, of course, do what ever you like, but there is a good chance that you may be investigated for reavailment if you return to your home country. This applies while you are a PR, not just a refugee. Same applies for using your home country passport (for any travel, not just to your home country) or acquiring a new one (to a lesser degree).
 
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zubia

Newbie
Jan 2, 2018
3
0
Not advisable. You can, of course, do what ever you like, but there is a good chance that you may be investigated for reavailment if you return to your home country. This applies while you are a PR, not just a refugee. Same applies for using your home country passport (for any travel, not just to your home country) or acquiring a new one (to a lesser degree).
how will i marry my fiance then? This is bad
 

lea1113

Star Member
Dec 10, 2016
129
22
App. Filed.......
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how will i marry my fiance then? This is bad
You can try to get your fiance a visitor visa in Canada. Not sure if there is a good chance of getting it but that is option to look at.
Also, the above poster mentioned that you can go to your home country.. Just you might get investigated as to why you went back home after claiming asylum and who knows what after that. So i would probably look into other options.
 
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Buletruck

VIP Member
May 18, 2015
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Get a RTD and meet her in a third country to get married.

Another question would be how long have you and your fiancé been in a relationship? Has she tried applying for a TRV? A possible option ( and this isn’t a guarantee), given your status, would be to try and apply as conjugal. If you can provide proof of an immigration barrier (she can’t come here and you certainly can’t go there), you might be able to apply for her PR under conjugal ( i’m Sure some of the more experienced members will correct me if I misinterpret this option). It would require significant proof that there is no other available options for both of you.
 
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zubia

Newbie
Jan 2, 2018
3
0
Get a RTD and meet her in a third country to get married.

Another question would be how long have you and your fiancé been in a relationship? Has she tried applying for a TRV? A possible option ( and this isn’t a guarantee), given your status, would be to try and apply as conjugal. If you can provide proof of an immigration barrier (she can’t come here and you certainly can’t go there), you might be able to apply for her PR under co juggle ( i’m Sure some of the more experienced members will correct me if I misinterpret this option). It would require significant proof that there is no other available options for both of you.
4 months to be exact, and no haven’t tried that yet, might as well go with the visitor visa option, also even if i wait for 1,2 months after getting my PR still would be questionable?
 

scylla

VIP Member
Jun 8, 2010
97,295
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Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
4 months to be exact, and no haven’t tried that yet, might as well go with the visitor visa option, also even if i wait for 1,2 months after getting my PR still would be questionable?
Yes - absolutely. If you return to your home country while you are a PR, you run a high risk of having your PR status revoked when you apply for citizenship. Do not return to your home country, do not use your home country passport and don't even renew your home country passport.
 

BA2LAMAZ

Champion Member
Feb 25, 2016
1,041
296
This is an interesting topic and I have read through the responses posted above. I am not in a similar situation but out of curiosity, I'd like to ask this question.

What if circumstances surrounding OP's fleeing home country has changed since they left and he/she is no longer in any form of danger. Can't they return still without any issues arising?
 

Buletruck

VIP Member
May 18, 2015
6,968
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I don’t have an accurate grasp of that, but I would believe the same rules apply. As noted below, even the UN goes as far as to reavail refugees when circumstances change in the country of origin.

http://www.unhcr.org/419dbce54.pdf

UNHCR has frequently advised the governments of asylum countries about the applicability of Article 1C(5) and (6) to specific refugee populations. In some cases, it has taken the initiative to provide asylum States with an assessment of whether changes in a country of origin warrant the use of the ceased circumstances pro- visions. In June 1996, for example, UNHCR contributed to deliberations within the Panamanian Government regarding the application of the cessation clauses to Haitian refugees.45
In addition, UNHCR has regularly responded to inquiries from the govern- ments of asylum countries. Often, such inquiries have been received shortly after the occurrence of major developments in a country of origin. In January 1983, three months after the establishment of a democratic government in Bolivia, the Peruvian Government asked UNHCR to apply the ceased circumstances provisions to Bolivian refugees.46 UNHCR received a similar inquiry from the Government of South Africa in November 1999 about the status of Nigerian refugees, six months after the transition to civilian rule in Nigeria.47
 

scylla

VIP Member
Jun 8, 2010
97,295
23,118
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
This is an interesting topic and I have read through the responses posted above. I am not in a similar situation but out of curiosity, I'd like to ask this question.

What if circumstances surrounding OP's fleeing home country has changed since they left and he/she is no longer in any form of danger. Can't they return still without any issues arising?
Once you are a citizen of Canada - it's fine. Before citizenship - do not travel to your home country even if the situation has changed - far too risky that CIC will look to revoke your PR status. There's a whole thread to this topic in the citizenship section of the forum dedicated to this topic. I'll try to find it later.
 

ahmedwaly

Hero Member
Nov 19, 2016
389
141
This is an interesting topic and I have read through the responses posted above. I am not in a similar situation but out of curiosity, I'd like to ask this question.

What if circumstances surrounding OP's fleeing home country has changed since they left and he/she is no longer in any form of danger. Can't they return still without any issues arising?
The fact is if situation changed he can yes return but for good . As if this danger doesn’t exist anymore they can cancel the asylum and send him back , in fact his question make me think that his refugee claim was fake as he want go so much there ,

In general as soon you arrive there the process to revoke the pr will start as you gained PR based on refugee not on your own . return to home mean you did not need any protection in real .plus your home country can arrest you too if they knew about the refugee claim. You should forget your home country unless the Political regime there collapsed totally or when you are Canadian citizen .
 

ahmedwaly

Hero Member
Nov 19, 2016
389
141
hi so i came to canada as a refugee, i claimed assylum. I wanna ask that can i go back to my country after getting a permanent residency to get married?
Honestly you not afraid that your home country arrest you when you arrive as even PR is not protection they can still hold you there forever otherwise your claim was fake and you never faced any danger