PR sponsoring Refugee Claimant Spouse

[Rose Anjum]

I just got my PR this August, 2022. My now Fiance came to Canada in 2018 as an International student. He forgot to renew his study permit & overstayed so he later filed Assylum this year under LGBTQ+ as he’s Bisexual. We’ve been dating about 2 years & plan to get married sooner.

1. Can I go for inland Spousal Sponsorship besides his case? Is he eligible for me to sponsor him under Refugee status?
2. Can both cases continue simultaneously or does he have to with draw claim?
3. Is it possible for him to stay back for spousal if his claim gets denied?
4. We have tonnes of relationship proofs & its a genuine one despite of him being bisexual? Will it still raise complications in our case?
5. If he’s denied & the removal proceedings begin, can I still sponsor him outland?

 

[scylla]

I just got my PR this August, 2022. My now Fiance came to Canada in 2018 as an International student. He forgot to renew his study permit & overstayed so he later filed Assylum this year under LGBTQ+ as he’s Bisexual. We’ve been dating about 2 years & plan to get married sooner.

1. Can I go for inland Spousal Sponsorship besides his case? Is he eligible for me to sponsor him under Refugee status?
2. Can both cases continue simultaneously or does he have to with draw claim?
3. Is it possible for him to stay back for spousal if his claim gets denied?
4. We have tonnes of relationship proofs & its a genuine one despite of him being bisexual? Will it still raise complications in our case?
5. If he’s denied & the removal proceedings begin, can I still sponsor him outland?

I assume you are not living together.

Once you get married:
1. Yes, you can go for inland spousal sponsorship. He is eligible.
2. Yes, you should continue both applications. Do not withdraw the refugee claim. Withdrawing the refugee claim will trigger a removal order.
3. There are ways for him to try to stay if the claim is denied. It's not 100% guaranteed but there are a number of ways he can try to stay if this happens.
4. This is hard to say without knowing exactly what kind of evidence you have and exactly what he said in his refugee claim. You may be best off consulting a lawyer on this.
5. Yes.

 

[Rose Anjum]

3. What could be the alternate ways for him to stay? Appealing his refugee case if denied or H&C application?

4. Are these proof from before & after marriage sufficient?
-We live in same building but different unit.
Joint utility bill (e.g. phone bill)
-20 relationship photos of entire span/timeline of 2 years.
-Letters from friends & family.
-Marriage certificate once we get married.
-Wedding photos & invitation
-Signed joint lease when we move in together.
-Open joint bank account
-Update driver’s liscense address

 

[scylla]

3. What could be the alternate ways for him to stay? Appealing his refugee case if denied or H&C application?

4. Are these proof from before & after marriage sufficient?
-We live in same building but different unit.
Joint utility bill (e.g. phone bill)
-20 relationship photos of entire span/timeline of 2 years.
-Letters from friends & family.
-Marriage certificate once we get married.
-Wedding photos & invitation
-Signed joint lease when we move in together.
-Open joint bank account
-Update driver’s liscense address

3. Yes, appealing the refugee case refusal or H&C are alternatives.
4. I can't tell you if this proof will be sufficient. That will be up to the IRCC officer to determine. Since the refugee claim was based on LGBTQ+, I do think you should consult with an immigration lawyer.

 

[Rose Anjum]

I have question from a friend of mine. He is applying for PR but his wife is refugee claimant. Will it affect his PR application if his wife is denied refugee or regardless just because spouse is a claimant. Will his PR be rejected as well??
Thank you so much for the info. above.

 

[Afam095]

Guys please I have a friend who is out of status .. he is bisexual and at risk of going back.. can he still apply for refugee claim?? he is about to apply tho

 

[canuck78]

Guys please I have a friend who is out of status .. he is bisexual and at risk of going back.. can he still apply for refugee claim?? he is about to apply tho

He can attempt to apply for asylum but there is no guarantee he will be approved. When did he arrive in Canada and how long has he been out of status? What types of immigration applications has he filed in the past or was he a visitor that overstayed his status? Your post seems to indicate that he may have a removal order or at risk of receiving a removal order soon so filing an asylum claim at this point would look quite suspicious due to timing so hopefully he has proof that he is bisexual from the past not just present day. Is he married and does he have children? That doesn’t mean that someone is not bisexual but that can lead to concern about the validity of the claim and I would be prepared to provide more extensive proof. Then he’ll also need to prove that his home country is not accepting of the LGBTQIA+ population. Some countries have made being LGBTQIA+ illegal so include proof of legislation and punishments associated and examples of how you friend was persecuted due to the fact he was bisexual

 

[Harry9909]

Hi guys! I have a question. I am a refugee PR. If i sponsor my wife back home and she lands as PR can i take back my refugee status and get sponsored by my wife?

 

[Copingwithlife]

Hi guys! I have a question. I am a refugee PR. If i sponsor my wife back home and she lands as PR can i take back my refugee status and get sponsored by my wife?

No

And no, you can’t go back to your home country AGAIN