PR application for failed refugee and accepted spouse

[MSam23]

Hi,
I had my hearing recently and I was informed that my application (the claimant) for refugee was denied and my wife's (co-claimant) application was accepted. Since I was the primary claimant my children were represented as part of my claim. We both hold different nationalities and were informed that my wife can apply for her PR and I can be added as a dependant and so can my children. My children hold the same nationality as I do.
1) Do I have to appeal the decision at RAD? I have heard that this can cause my PR application (as a dependant) to be in limbo if my RAD decision is not given before my PR application is accepted?
2) Do I have to leave the country if I don't apply as the removal order will come into effect?
3) What would be the best course of action so I don't have to leave the country along with my children?

 

[MSam23]

Hi Guys, I really need help and guidance... please answer if you have any information.

 

[zak86]

@scylla @canuck78 surely you guys can assit.

 

[scylla]

@scylla @canuck78 surely you guys can assit.

Sorry - I don't. I saw your post earlier but don't know the answer. Might be best to get a consult with an immigration lawyer. Good luck.

 

[canuck78]

Your lawyer should be directed you based on the facts of your case.

 

[MSam23]

Thank you for responding, I will consult with my lawyer to see the best possible route.
This seems to be a grey area with a lot of questions and no real answers. But thanks again for replying!

 

[Talab111]

Hi,
I had my hearing recently and I was informed that my application (the claimant) for refugee was denied and my wife's (co-claimant) application was accepted. Since I was the primary claimant my children were represented as part of my claim. We both hold different nationalities and were informed that my wife can apply for her PR and I can be added as a dependant and so can my children. My children hold the same nationality as I do.
1) Do I have to appeal the decision at RAD? I have heard that this can cause my PR application (as a dependant) to be in limbo if my RAD decision is not given before my PR application is accepted?
2) Do I have to leave the country if I don't apply as the removal order will come into effect?
3) What would be the best course of action so I don't have to leave the country along with my children?

1) I will advise you to appeal it n,ot for getting a positive decision, but for another things ( appeal will stop the removal process).
2) If you didn't appeal and the removal order proceed you will need to leave Canada and then your sponsor will continue the application for overseas, keep in mind if your sponsor add you into his/her application this will not stop the removal order.
3) the best thing to do, appeal it and apply for PR with your sponsor as a dependent.
The last advice ask your lawyer about it and they should know what is the best.

Good luck

 

[canuck78]

1) I will advise you to appeal it n,ot for getting a positive decision, but for another things ( appeal will stop the removal process).
2) If you didn't appeal and the removal order proceed you will need to leave Canada and then your sponsor will continue the application for overseas, keep in mind if your sponsor add you into his/her application this will not stop the removal order.
3) the best thing to do, appeal it and apply for PR with your sponsor as a dependent.
The last advice ask your lawyer about it and they should know what is the best.

Good luck

Hopefully @MSam23 is using a private lawyer because legal aid may not cover this appeal if it is only a tactic to delay a departure order and not a true appeal.