Intention to seek asylum of abusive husband from south africa

[Makatendeka]

Good people how are you. am faced between a rock and hard place
I acquired my business visa and visitors visas for my 2 kids hence we intend to travel to canada next week.

I intend to apply for asylum hence I was referred to this immigration lawyer
I sought advise from her but honestly my buble has been busted.

My claim was due to an abusive.husband who happen to be a top policeman here in South africa. he is so violent such that I have received numerous warnings regarding his behaviour. I was moved to one branch to another, one city to another but becoz of his professional status he could easily locate me.

I am currently residing in a shelter where he has not located me and am working from there as my remote office.

I was scheduled to come to canada next week and I pleaded with my company to arrange visas for my 2'kids whom I cannot leave in the shelter while I come for training as I am the only person they trust. besides leaving my kids in a shelter withoute feels horrible.

So after consultation with this lawyer she discouraged me saying my case is not water tight...I.just gonna copy and paster her response below.

[12/12, 21:31] Lawyer: Hello. I have read your story. You can make a claim but your problem will be that South Africa has functional state protection. So the police are in place and effective and even though your husband is a policeman but they might think there are ways around that. The fact that you are in a shelter too means that there is protection.
The other piece is that because state is functional traditionally there is for South African there lately have been a little number of claims and also lower rate of success
[12/12, 21:32] Lawyer: You can still try but please be advised that if your clainm does not succeed they will move fast to remove you
[12/12, 21:38] Lawyer: It is not a good time to make refugee claim because Canada has become very skeptical of all refugee claims.
And with that profile and a South African it will be tough to sell a refugee claim to anyone. However you know your circumstances and you can try and see.

Am so down and out. please good people any advise that you can give me on how to proceed with my claim.

Help a sister out!!

 

[scylla]

The lawyer has given you good direction. Unfortunately you don't have a very strong case for an asylum claim. If you are refused, you can expect to be eventually removed from Canada and at that point it will become much more difficult (if not impossible) to obtain visas to Canada and other countries requiring visas in the future. So that's certainly something you need to consider. Additionally, do you have your husband's permission to remove your children from South Africa and take them to Canada on a visit? I don't believe you can get them on an airplane without his written authorization.

Do you have any work experience? Have you looked into Canada's economic immigration programs? This would be a better option if you qualify (rather than asylum). However you would still need your husband's permission to take the children out of the country.

 

[scylla]

Take a look at the following for SA's rules for traveling out of the country with your children (I'm assuming they are minors):

http://www.dha.gov.za/files/Brochures/Immigrationleaflet.pdf

 

[Makatendeka]

The lawyer has given you good direction. Unfortunately you don't have a very strong case for an asylum claim. If you are refused, you can expect to be eventually removed from Canada and at that point it will become much more difficult (if not impossible) to obtain visas to Canada and other countries requiring visas in the future. So that's certainly something you need to consider. Additionally, do you have your husband's permission to remove your children from South Africa and take them to Canada on a visit? I don't believe you can get them on an airplane without his written authorization.

Do you have any work experience? Have you looked into Canada's economic immigration programs? This would be a better option if you qualify (rather than asylum). However you would still need your husband's permission to take the children out of the country.

The lawyer has given you good direction. Unfortunately you don't have a very strong case for an asylum claim. If you are refused, you can expect to be eventually removed from Canada and at that point it will become much more difficult (if not impossible) to obtain visas to Canada and other countries requiring visas in the future. So that's certainly something you need to consider. Additionally, do you have your husband's permission to remove your children from South Africa and take them to Canada on a visit? I don't believe you can get them on an airplane without his written authorization.

Do you have any work experience? Have you looked into Canada's economic immigration programs? This would be a better option if you qualify (rather than asylum). However you would still need your husband's permission to take the children out of the country.

Thanks for your advise
yes we were only customarily married and not legallyarried hence they use my surname and not their fathers surname.on the abridged birth ceertificate is.onlyy details that appear. so literally

Take a look at the following for SA's rules for traveling out of the country with your children (I'm assuming they are minors):

http://www.dha.gov.za/files/Brochures/Immigrationleaflet.pdf

Thanks dear
I am literally a single mother since we were customarily married and not legally. o ly my details appear on their birth certificates. hence am allowed to take

 

[scylla]

In that case I would ask my other question. Do you know if you qualify for any of Canada's economic immigration programs? That would be the ideal path rather than claiming refugee status / asylum. Coming here and claiming asylum will be very risky and there's a good chance it won't work out and you'll find yourself back in SA.

Do you have skilled work experience? If so, how many years? What education level have you achieved? Do you have any funds available to support your settlement in Canada?

 

[Makatendeka]

In that case I would ask my other question. Do you know if you qualify for any of Canada's economic immigration programs? That would be the ideal path rather than claiming refugee status / asylum. Coming here and claiming asylum will be very risky and there's a good chance it won't work out and you'll find yourself back in SA.

Do you have skilled work experience? If so, how many years? What education level have you achieved? Do you have any funds available to support your settlement in Canada?

Ummm the lawyer said I dont qualify forany canadas economic immigration program. I have a bachelor of commerce degrer in marketing and have more than 5'years experience in the marketing field. currently I have 5000 CAD, will this be enough to support my settlement?

 

[scylla]

Ummm the lawyer said I dont qualify forany canadas economic immigration program. I have a bachelor of commerce degrer in marketing and have more than 5'years experience in the marketing field. currently I have 5000 CAD, will this be enough to support my settlement?

Your funds are unfortunately a problem. You would need to have close to $20K CAD to qualify.

 

[Makatendeka]

Your funds are unfortunately a problem. You would need to have close to $20K CAD to qualify.

Any other way around it?.'humanitarian grounds perhaps?

 

[scylla]

Any other way around it?.'humanitarian grounds perhaps?

No - H&C doesn't work. Your H&C case would be even weaker than a refugee / asylum case. You can by all means try come here on a TRV and try the refugee route. Just be aware this is far from guaranteed and you may find yourself sent back home.

 

[mingota19]

Any other way around it?.'humanitarian grounds perhaps?

On which grounds??

 

[Buletruck]

And with that profile and a South African it will be tough to sell a refugee claim to anyone.

Data from IRB shows that the success rate for claims from S. Africa is under 60%.Unless you have a particularly strong claim, as noted previously, I would seriously look at alternate options before you attempt to claim. Unless you have exhausted all possible avenues to deal with the issue at home (as the lawyer noted, there are means to do this in S. Africa),I would expect a speedy denial and return to S. Africa. Given your first post, I suspect that would be the least desirable option for you given your husbands history. Exhaust all the options available, keep the documentation, than attempt asylum (in what ever country you can get to). That will give you a stronger basis of claim and a reduced chance of denial.

 

[Makatendeka]

Data from IRB shows that the success rate for claims from S. Africa is under 60%.Unless you have a particularly strong claim, as noted previously, I would seriously look at alternate options before you attempt to claim. Unless you have exhausted all possible avenues to deal with the issue at home (as the lawyer noted, there are means to do this in S. Africa),I would expect a speedy denial and return to S. Africa. Given your first post, I suspect that would be the least desirable option for you given your husbands history. Exhaust all the options available, keep the documentation, than attempt asylum (in what ever country you can get to). That will give you a stronger basis of claim and a reduced chance of denial.

Not sure what other options are available forr now. please help if u have something in mind.

 

[Makatendeka]

On which grounds??

I have no idea. its just a thought pf a desperate motherotget

 

[scylla]

Where else does your company operate? Any other countries other than SA? Can they give you a job in one of these other countries and relocate you there?

 

[Makatendeka]

Where else does your company operate? Any other countries other than SA? Can they give you a job in one of these other countries and relocate you there?

My company is also there in canada but according to company laws relocation os done only on scarce skills