Questions for wifes situation

[WalterI]

Hello,

My wife arrived in Canada as a refugee claimant from Mexico. I am Canadian-born and I met her and started dating. Her claim was accepted and she currently has Protected Person status. We got married and have started the Spousal Sponsorship Application for her PR.

My question is this. If she gets PR through spousal sponsorship, would she be able to ask for her Mexican passport again? She has her RTD which she applied under Protected Person status but she cannot use it to return to Mexico. Her grandma is getting old and her grandpa has already passed away during her time here in Canada.

 

[Amiah_world]

The fact that she got protected person stays through refugee claimant should mean she’s a PR as it is, I don’t think you need to apply for soap sponsorship or maybe I’m mistaken. Other experienced people on here might be able to answer you but from my knowledge that’s what I thought the whole “Refugee Claimant” meant. She will get her passport back eventually too she just gotta apply for it.

 

[scylla]

The fact that she got protected person stays through refugee claimant should mean she’s a PR as it is, I don’t think you need to apply for soap sponsorship or maybe I’m mistaken. Other experienced people on here might be able to answer you but from my knowledge that’s what I thought the whole “Refugee Claimant” meant. She will get her passport back eventually too she just gotta apply for it.

Protected person status does not give you PR. You have to separately apply for PR after your claim is successful and you get protected person status.

 

[scylla]

Hello,

My wife arrived in Canada as a refugee claimant from Mexico. I am Canadian-born and I met her and started dating. Her claim was accepted and she currently has Protected Person status. We got married and have started the Spousal Sponsorship Application for her PR.

My question is this. If she gets PR through spousal sponsorship, would she be able to ask for her Mexican passport again? She has her RTD which she applied under Protected Person status but she cannot use it to return to Mexico. Her grandma is getting old and her grandpa has already passed away during her time here in Canada.

Hire a good immigration lawyer for a consultation. Her case is not straight forward since she already has protected person status. She needs to avoid any risk of IRCC pursuing cessation. It's possible she may not be able to return to Mexico until she has Canadian citizenship.

 

[canuck78]

Typically once you have been granted protected person status always a protected person. Agree that traveling to Mexico until she is a citizen would be quite risky.

 

[pooky73]

Cessation - Basic Information | Canadian Council for Refugees (ccrweb.ca)

 

[WalterI]

I called IRCC and they confirmed that she could reapply and use her old passport if she receives her PR through Spousal as she wouldn't be considered a refugee or Protected Person anymore so no risk of cessation or PR removal.

I also asked Citizenship Canada and they also said they don't care about anything before she was PR so I wouldn't have any problems in the future.

 

[nzkko]

I called IRCC and they confirmed that she could reapply and use her old passport if she receives her PR through Spousal as she wouldn't be considered a refugee or Protected Person anymore so no risk of cessation or PR removal.

I also asked Citizenship Canada and they also said they don't care about anything before she was PR so I wouldn't have any problems in the future.

IRCC phone agents have no legal training. Just keep this in mind.

 

[WalterI]

IRCC phone agents have no legal training. Just keep this in mind.

Hmmm. Your right. I'll call another immigration lawyer. Mind you, an immigration lawyer told me about this whole idea in the first place but a second opinion is always good.

Thanks!

 

[canuck78]

Hmmm. Your right. I'll call another immigration lawyer. Mind you, an immigration lawyer told me about this whole idea in the first place but a second opinion is always good.

Thanks!

Once a protected person always a protected person. How you get PR is irrelevant. Essentially you only met your spouse because the was able to claim and receive asylum in Canada not because you sponsored her. The risk that the government will pursue cessation knowing you could just apply for spousal sponsorship again likely lower if you are married to a Canadian but still a huge risk. She should also be traveling on an RTD not using her home country passport.

All IRCC customer service agents give out incorrect advice regularly. At least get things in writing from IRCC so you have a record but the onus is always on the person to follow the terms of their immigration.