Humanitarian and Compassionate vs Asylum

[scylla]

Thank you my dear,
I am qualified for FSW under express entry, but it takes long time and I can't spend this time in my country due many personal reasons, it is possible to claim asylum alone then my family will follow me to canada ?if I applied for asylum and in case my claim get rejected, is there any chance to re apply under express entry?

___________________________________________

If your personal safety is in peril then these questions regarding the practicality of a refugee claim are meaningless, aren't they?

Since this is all anonymous you could provide your country of citizenship - you may have better, local solutions than timing your entry into Canada. You could possibly avoid abandoning your family for years to come.

Good luck, my dear

Yes, it's possible for you to claim asylum and then for your family to follow you. However you should expect to be separated from your family for around 4 years.

Yes, you can still apply for Express Entry if the refugee claim is refused. However you would need to leave Canada and apply from outside of the country.

 

[nderg]

Yes, it's possible for you to claim asylum and then for your family to follow you. However you should expect to be separated from your family for around 4 years.

Yes, you can still apply for Express Entry if the refugee claim is refused. However you would need to leave Canada and apply from outside of the country.

If my claim is refused , can I apply for express entry immediately if I leave Canada ? or there is a ban for a period of time ?
Based on you reply, I will claim for asylum with my family.
thank you

 

[nderg]

You will need to show that your life is in danger and that you have sought safety in other locations in your home country. Impossible to know if your person reasons would qualify for asylum. Your country of citizenship would give us a better idea if applications are usually approved.

I have an evidence to confirm that my life is in danger , based on your experience , what is the best city in Canada to claim asylum ?

 

[nderg]

Thank you my dear,
I am qualified for FSW under express entry, but it takes long time and I can't spend this time in my country due many personal reasons, it is possible to claim asylum alone then my family will follow me to canada ?if I applied for asylum and in case my claim get rejected, is there any chance to re apply under express entry?

___________________________________________

If your personal safety is in peril then these questions regarding the practicality of a refugee claim are meaningless, aren't they?

Since this is all anonymous you could provide your country of citizenship - you may have better, local solutions than timing your entry into Canada. You could possibly avoid abandoning your family for years to come.

Good luck, my dear

My family have TRV as well, we will go together to Canada , If my claim is refused , can I apply for express entry immediately if I leave Canada ? or there is a ban for a period of time ? and what is the best city in Canada to claim asylum ?

 

[canuck78]

My family have TRV as well, we will go together to Canada , If my claim is refused , can I apply for express entry immediately if I leave Canada ? or there is a ban for a period of time ? and what is the best city in Canada to claim asylum ?

Asylum is a federal program. There is no difference where you apply. There are more consequences than just having to leave Canada if you get denied asylum like not being able to visit other countries. Even if you get approved for asylums your friends and family may have difficulty visiting you in Canada because there will be concerns that they will also apply for asylum. If you apply for express entry it will be easier for your family to be able to visit you in Canada. If you get accepted for asylum you can’t visit your home country until you are a Canadian citizen so that could be 7 years from now. If accepted as a protected person you will likely have to visit your family in a 3rd country (not Canada or Lebanon).

 

[Bornlucky]

Thank you my dear,
I am qualified for FSW under express entry, but it takes long time and I can't spend this time in my country due many personal reasons, it is possible to claim asylum alone then my family will follow me to canada ?if I applied for asylum and in case my claim get rejected, is there any chance to re apply under express entry?

Hi - if a person applies for Protected Person status then they immediately receive a Removal Order, conditional upon them being determined to be a Convention refugee. If the claim fails; if the claim is withdrawn - you're the subject of the removal order. "Personal reasons" had best align with persecution and a personal risk as described for the UN Convention for refugees or you end up being returned to the country you're seeking to leave.

Family? They wait abroad until a refugee claimant becomes a permanent resident in a few years, or they meet that person at the airport in their home country after it's failed.

Things change, and I'm a dinosaur with all of this stuff, but using the refugee stream when you may not be a Convention refugee (and I don't know your story so don't take this personally) can be the most counter-productive route for immigrating anywhere in the industrialized world.

Sorry it all takes too long for your personal needs, but a failed refugee claim likely precludes any stay in Canada as a temporary resident, like FSW. They don't chuckle and say, oh well let's forget that claim you made.

What should you do? Consult with an experienced Canadian immigration lawyer (not a consultant) and ask these very good questions that you're thinking of now. Look up "ARC" in here and you'll see people who are outside of Canada regretting their decision to make a refugee claim in Canada. No one rushes to look at applications from people who have been ordered to depart Canada when there are thousands of applications from people who haven't put this country to that expense and effort.

If you are from a country where abuses are well known and you were subject to that treatment, and you have some evidence then you probably should make a claim in order to preserve your safety. If not? It could be a big mistake. There are issues with Internal Flight Alternatives (IFA) where even a person who does have real issues has places within their own nation where they can be safe, so it's all very dodgy and making a claim isn't a decision to be taken lightly.

I wish you the best of luck, but if time is your only issue then be careful NOT to make it greater in the long term with too little attention to the repercussions of imagined short cuts. Also, get advice here ONLY on the questions you'll need to ask of a lawyer who should act in your best interests to get you where you wish to be. This is anonymous and not everyone has sufficient exposure to your situation or the processes to give life-changing advice.

 

[EFK123]

If you are eligible for Express entry, I think the process takes less than 6 months right? It took about 3-4 months at one point.. if you can hold it out that long, would suggest to do that... Alternatively maybe get all your documents asap and try going to another city for a few months if there is some danger...unless you have solid proof of life in immediate danger, they may say to apply for this first IF you are already eligible... check the current scores and if you meet all the requirements might be... also I think if you have the time, arrange for a PCC for all members above 18 before you leave the country might be easier for you in the longterm if you are planning to leave anyway. From what I am seeing in the forum, if you leave without family, the separation might be tooo long and too difficult - suggest that you take action together - even if times are tough, you will be together through it.

 

[scylla]

If you are eligible for Express entry, I think the process takes less than 6 months right? It took about 3-4 months at one point.. if you can hold it out that long, would suggest to do that... Alternatively maybe get all your documents asap and try going to another city for a few months if there is some danger...unless you have solid proof of life in immediate danger, they may say to apply for this first IF you are already eligible... check the current scores and if you meet all the requirements might be... also I think if you have the time, arrange for a PCC for all members above 18 before you leave the country might be easier for you in the longterm if you are planning to leave anyway. From what I am seeing in the forum, if you leave without family, the separation might be tooo long and too difficult - suggest that you take action together - even if times are tough, you will be together through it.

There are a couple of challenges with Express Entry right now. One of them is that draws are on hold (except PNP). There have been no FSW draws since December 2020 and no CEC draws since September last year. Once FSW draws resume, scores are expected to be 480+ for a while given how many people are now in the pool. Processing times are also slow right now and there is a backlog. You're right. It used to take six months. It's typically well over a year now. There are people from 2019 and 2020 on this forum who are still waiting (although things are starting to speed up).

The main issue is that there have been no FSW draws for almost a year and a half and we don't know when they will restart. PNP is still an option but has long processing times generally.

 

[EFK123]

Thankyou.. that makes sense then - if there are no draws, then by definition, new Express entry applications are not being processed... I guess no point if he is eligible or not then if they are not being processed.. then maybe best option is to get all the paperwork sorted while in the country (to make life easier later) and make the trip with full family.. if there is a genuine danger to life.