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Refugee's sponsored family members visiting home country

betteka

Hero Member
Dec 11, 2015
232
13
OYW said:
I am in need of legal advice regarding the possibility of "cessation".
I have become a permanent resident over 6 months ago by my arrival to Canada via "one-year window of opportunity" program. I am planning to visit my family in my home country for two weeks in January. I have already purchased my ticket, However, I just found out about the risk of "cessation" which applies to all the permanent residents with refugee status.
Family members acquire their status from their principle applicant, therefore It is obvious that I was given a refugee status, even though I was living freely in my home country while I was waiting for my visa and I have never claimed that I cannot go back to my home country in any part of my application. My refugee status (CR-1) was derived from my common-law partner's status as Convention Refugee (CR-1). To give you a better perspective I can say that my case is somehow similar to Ms.Esfand's case (Canada (Citizenship and Immigration) v. Esfand, 2015 FC 1190). In conclusion, after doing my research, I decided to get legal advice before I proceed with my travel plans. So my questions are as follows:
1-Could the federal court decision on Ms.Esfand's case,be considered as the precedent case to any similar cases?
2-All the federal cases regarding "cessation" are now discontinued, what does that mean?
3-Based on my situation and the precedent case would I still face the risk of "Cessation" by traveling to my home country?
4-If the answer is no, would I face any delay in my citizenship application due to a possible "cessation" order? Or as there is a precedent case, CIC finds it unreasonable or impractical to go after similar cases?
5-If the CIC issue a cessation order, how long the courts usually last? How much time and money (for legal assistance) I might need to consider?
6-Is it possible to sue the government for the incomprehensive law which gave me a refugee status which I didn't ask for and neither I was eligible in the first place! All I wanted was reunition with my partner.
7-can I sue the government for compensation for my distress?
8-If the only thing that matters in "Cessation" cases, is the status not how it was obtained. What precautions I must take as a person with refugee status?
9-As I did not consider myself a refugee by definition, I paid for my plane ticket and medical exam myself, and I did not ask for government assistance when I arrived, I simply find it unethical to exploit the government’s generosity while I am not a person in need. But why I have to be treated the same as a refugee without benefiting from anything? This incomprehensive law just makes no sense! I don't want to give up my home country passport in order to get a Travel Document.
After reading your explanation and on the very last line it seemed you are not a refugee (and angry for some reason after you acquired it) but just want to immigrate. so basically you're free to go back to your home country and loose your refugee and PR status since you dont need it at all. more of, forget about citizenship.

Because the law is very clear about refugees are not advised to go back to their home country: http://yourlegalrights.on.ca/common-question/how-can-refugee-lose-their-status-canada

My advice you can try to come back to Canada and immigrate through EE or FSW if you just want to reunite with your partner. keep us posted :)

PS: why you want to sue Canadian government for your "distress" when Canada gave you a status that so many people need it the most (read: refugee) and in fact you signed all the application documents in the first place?
 

OYW

Newbie
Oct 28, 2016
4
0
betteka said:
After reading your explanation and on the very last line it seemed you are not a refugee (and angry for some reason after you acquired it) but just want to immigrate. so basically you're free to go back to your home country and loose your refugee and PR status since you dont need it at all. more of, forget about citizenship.

Because the law is very clear about refugees are not advised to go back to their home country.

My advice you can try to come back to Canada and immigrate through EE or FSW if you just want to reunite with your partner. keep us posted :)

PS: why you want to sue Canadian government for your "distress" when Canada gave you a status that so many people need it the most (read: refugee) and in fact you signed all the application documents in the first place?
I assume you can never imagine my situation, so that's why your reply seems a little bit harsh.
You probably have never chosen between your parents and your partner. I am glad that you haven't, because it's a horrible situation to be at. Even though, I do not have to explain myself to you, but I thought it might help others to see how this law could affect someone's life.

I was 20 when I met my partner, a year and a half later he was under the raider of government officials where he decided to leave the country before the government captures him. so he went to a neighboring country and claimed to be a refugee claimant at UNHCR. Back then I accompanied him to that country but I did not apply for refugee protection because I couldn't sever my ties with my parents which we had a close loving relationship. After contemplating our situation, we decided to separate temporarily and reunite after he got to Canada. meanwhile, I visited him in that neighboring country when I had enough money. almost 2 years later when he arrived in Canada, he told me that there is an option where I can reunite with him on the mere basis that I could provide enough documents that I am his common-law partner. he specifically told me that as I wouldn't personally claim to be in danger I won't be considered as a refugee.

yes, I signed all the forms. However you should know, I did sign the section which I declared that I am not the refugee and I am only a non-accompanying family member of the principal applicant, moreover, on the section that I was supposed to answer whether I can go back to my home country, I clearly replied YES I CAN.

I mailed the forms and 9 months later, When I was asked to the embassy to collect my visa, no one told me about my status, In fact, they told me that if I have plans to visit my home country prior to my departure to Canada I am allowed to do so but they advised me to let them know about it. that was it.

I was happy to finally reunite with my partner after 2 years of separation until I arrived here and I noticed my immigration status as "CR1", which was the same as my partner's. I refused government assistance and I told them there must be a mix-up because to my knowledge as I am not a refugee, I don't regard myself as entitled to the privileges of a refugee.

Why I was considering suing the government? Because someone in any stage of my application must have told me or my partner about my conferred status and the subsequent restrictions, which caused me this much distress. Or, if the objective of this law was to protect the integrity of refugee program how could putting such restrictions on family members of a refugee could help the government to achieve its objective, where family members have never been in the same danger?!

It is not all black and white! My partner wanted to see me and I wanted to see him and to our understanding, this process would have been our chance for a quick reunition like thousands of regular spouse sponsorship cases.

Now I find myself in a situation where I have to choose between staying here with my partner or returning to my home country and try other ways to immigrate, which at least would take a year or two...
I have canceled my current plans to visit my family and I decided to keep trying to build a life here with my partner until I become a citizen when I can go back and visit my family. But if something bad happens to my parents and I have to go back to my home country, that's equal to risking the stability of my relationship with my partner and also the life I am trying to build in this country.

I am depressed, My family has put me in an impossible situation, asking me to visit them and when I told them that I have canceled my plans, they asked me why I am not going to visit them? I can not simply explain my situation to them, you know why? because they don't know about my sexual orientation and I love them so much that I don't want to hurt them.(where I am coming from haveing a homosexual son is the greatest shame for a family) In a subconscious level, I am starting to resent my partner because as the most experienced party in our relationship (he is 7 years in my senior) he should have foreseen this before he applied for my visa. I don't trust him like I used to... this simply is ruining my relationship with him.

Anyway, Please do not judge me or anyone else where you can not possibly understand their situation. try to perceive some one's situation before you make snap judgments
 

Glorious111

Newbie
Apr 2, 2018
2
0
Hello,

Thank you for all the info. My case is a little different.I applied for refugee status and was denied.My appeal was also denied.Meanwhile, my wife applied separately with my BOC and was approved.She has now sponsored me for PR.Before we get PR, she is protected and I am not. With this peculiar case, am I free to travel to my home country when I get PR under her sponsorship?
 

ysfobd

Full Member
May 22, 2018
26
7
Hi




1. If both you and your spouse claimed refugee status and were accepted, then your spouse should not return to the country she claimed against.
what if we both applied for refugee and i'm the principle and both we have fear, she got accepted and I (principle) got rejected but i applied for pr under her name. once i get my pr can i travel back home since they said i'm lying and only she has the fear and i have the refusal letter for the claim and the appeal as well. please advice
 

ysfobd

Full Member
May 22, 2018
26
7
Hi




1. If both you and your spouse claimed refugee status and were accepted, then your spouse should not return to the country she claimed against.
What if the rejected me and approved my wife and i got my pr after she inculded me in the pr app, can i visit back home??
 

JhonD

Newbie
Mar 21, 2019
2
0
Hello everyone.

Ok so i have a question, if i came to Canada with my mother when i was a minor as a dependant and she applied for refugee and she was the aplicant “Principal”and she was the only one in danger i was just a kid. She never went back home and got her citizenship. But me insted i went back home to see my sick Dad he was almost dying, will this affect me in the future to get my citizenship? Am i consider a refugee as well? and i cant travel back home? Or because im not the principal in the application just a Dependant i can go with no Problem.
 

JhonD

Newbie
Mar 21, 2019
2
0
I also found this online.


A Refugee Protection Division (“RPD”) panel concluded that Ms. Esfand formed part of her husband’s application not as a refugee claimant, but as a dependent of her husband (para 6). The RPD also found that the Minister’s representative was wrong in asserting that when a principal claimant is granted refugee protection, all the other claimants are granted refugee status by virtue of the finding on the principal claimant (para 7). The Minister then appealed the RPD decision to the Federal Court.
 

Jayzaga

Member
Sep 1, 2024
12
0
Ok so I’m in the same position as the person before me, with my mom being the claimant due to the harsh treatment of lgbtq people in our country but, I want to go back to my country for personal reasons and family related reasons but we haven’t gotten our pr yet. I was wondering if I could still travel and if so what documentation would I use to travel as I don’t have my passport. Is there a case where my mother could request for my passport. And one of my worries is that it may affect the chances of my mother gaining her pr
 

scylla

VIP Member
Jun 8, 2010
95,750
22,044
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Ok so I’m in the same position as the person before me, with my mom being the claimant due to the harsh treatment of lgbtq people in our country but, I want to go back to my country for personal reasons and family related reasons but we haven’t gotten our pr yet. I was wondering if I could still travel and if so what documentation would I use to travel as I don’t have my passport. Is there a case where my mother could request for my passport. And one of my worries is that it may affect the chances of my mother gaining her pr
Your passport cannot be returned to you until after you are a PR or unless you are abandoning your refugee claim and do not plan to return to Canada.

Are you making a permanent move back to your home country?
 

Jayzaga

Member
Sep 1, 2024
12
0
I’m not moving back permanently and I don’t know if I misread before but I’m not the claimant I’m just her son (a dependant of the claimant) and I don’t plan on moving back permanently just to visit if viable . Is there really no way for me the dependant to travel back without any reprecussions.
 

scylla

VIP Member
Jun 8, 2010
95,750
22,044
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I’m not moving back permanently and I don’t know if I misread before but I’m not the claimant I’m just her son (a dependant of the claimant) and I don’t plan on moving back permanently just to visit if viable . Is there really no way for me the dependant to travel back without any reprecussions.
You cannot get your passport back at this time. That is not possible. Speak to a good immigration lawyer before you make any plans to make a visit to your home country.
 

canuck78

VIP Member
Jun 18, 2017
55,404
13,454
I’m not moving back permanently and I don’t know if I misread before but I’m not the claimant I’m just her son (a dependant of the claimant) and I don’t plan on moving back permanently just to visit if viable . Is there really no way for me the dependant to travel back without any reprecussions.
How old are you and are you prepared to remain abroad for many years? Those are other questions that will determine whether you should travel.
 

Jayzaga

Member
Sep 1, 2024
12
0
Well I’m 17 at the moment and as for the remaining abroad question, I don’t know how to asnwer because is it a case where I won’t be able to travel back here until a long period of time passes. One of my main reasons for coming here with my mom was to help take care of the kids as she was not going to leave without her children as the discrimination she face back home was becoming too much and very threatening. But I didn’t face any and I have siblings and a father back home that I’d really like to visit them. It’s really a dilemma cause I don’t wanna be away from both sides for a long period of time.
 

canuck78

VIP Member
Jun 18, 2017
55,404
13,454
Well I’m 17 at the moment and as for the remaining abroad question, I don’t know how to asnwer because is it a case where I won’t be able to travel back here until a long period of time passes. One of my main reasons for coming here with my mom was to help take care of the kids as she was not going to leave without her children as the discrimination she face back home was becoming too much and very threatening. But I didn’t face any and I have siblings and a father back home that I’d really like to visit them. It’s really a dilemma cause I don’t wanna be away from both sides for a long period of time.
Technically you can return to your home country but returning will be the issue. Technically your mother could sponsor you as a PR if done before age 22. There are significant sacrifices if your family claims asylum.
 

Jayzaga

Member
Sep 1, 2024
12
0
Oh well now that you mention it I believe I’ve heard a similar comment and I wouldn’t mind waiting on the pr honestly but my question is how long do u honestly think that would take. Gimmi your honest opinion? :)