spousal sponsor for a refused refugee

[bluegrass]

I have a lot of querries running in my mind.

My fiancee is a refused refugee. He received the denied claim of refugee last march. His open work permit will expire this october. I wonder if he can renew his open work permit knowing that his PR application as a refugee was refused.

I am a TFW, my papers are still on process under the nominee program. We are getting marry this September with the hope that I can sponsor him.

Please shed a light to our situation.

THank you so much.

 

[screech339]

Not sure if you can even apply to sponsor at all as only Permanent Resident and Canadians can apply to sponsor for spousal PR. You mentioned you are TFW, so I think you posted the question in the wrong thread as this thread deals with PR / Canadian sponsoring spouse/ family for PR.

 

[Alurra71]

I have a lot of querries running in my mind.

My fiancee is a refused refugee. He received the denied claim of refugee last march. His open work permit will expire this october. I wonder if he can renew his open work permit knowing that his PR application as a refugee was refused.

I am a TFW, my papers are still on process under the nominee program. We are getting marry this September with the hope that I can sponsor him.

Please shed a light to our situation.

THank you so much.

Since his refugee claim was denied last March, by all rights he should've stopped working at that point and left the country. He will likely be on CBSA radar long before you are married and able to 'sponsor' him. Expect that even if somehow he is able to remain in Canada undetected that when/if you file a sponsorship for him that it will be heavily scrutinized as a possible MOC since he has already shown he doesn't want to live in his home country already.

If I were you, I would figure out exactly what it is he is supposed to be doing right now. His open work permit will not be extended, of that you can be certain. I am pretty sure that it technically became invalidated as soon as he was denied refugee status, since it was tied to that application to begin with.

If you manage to get your PNP PR before you get married, then you can attempt to sponsor him. If you get married before your paperwork is finalized, make sure you add him before hand otherwise you will forever exclude him from family class.

 

[b4roness]

Since his refugee claim was denied last March, by all rights he should've stopped working at that point and left the country. He will likely be on CBSA radar long before you are married and able to 'sponsor' him. Expect that even if somehow he is able to remain in Canada undetected that when/if you file a sponsorship for him that it will be heavily scrutinized as a possible MOC since he has already shown he doesn't want to live in his home country already.

If I were you, I would figure out exactly what it is he is supposed to be doing right now. His open work permit will not be extended, of that you can be certain. I am pretty sure that it technically became invalidated as soon as he was denied refugee status, since it was tied to that application to begin with.

If you manage to get your PNP PR before you get married, then you can attempt to sponsor him. If you get married before your paperwork is finalized, make sure you add him before hand otherwise you will forever exclude him from family class.

I have to correct you on one thing: I was able to renew my open work permit 4 months after I received notice that my refugee case failed, and the work permit was extended for 3 full years. ALTHOUGH - I hope the OP understands that just because a work permit is renewed, that does NOT mean her fiance will be allowed to stay in Canada!!! Eventually (this may take up to a year for some, like me for example) he will receive a departure/deportation notice. The fiance will have to figure out if it's even worth it - renewing the work permit. Wait, March... did he receive his departure/deportation notice yet????? If he did, and overstayed, then no. You CANNOT renew anything.

P.S. I know for a fact that there are many other cases around the Toronto area that were able to renew their work permits and health cards after receiving a negative decision, despite the odds. I think it came down to who the VO was who was handling the renewal. Bureaucracy, folks.
That's my two cents...

 

[Alurra71]

I have to correct you on one thing: I was able to renew my open work permit 4 months after I received notice that my refugee case failed, and the work permit was extended for 3 full years. ALTHOUGH - I hope the OP understands that just because a work permit is renewed, that does NOT mean her fiance will be allowed to stay in Canada!!! Eventually (this may take up to a year for some, like me for example) he will receive a departure/deportation notice. The fiance will have to figure out if it's even worth it - renewing the work permit. Wait, March... did he receive his departure/deportation notice yet????? If he did, and overstayed, then no. You CANNOT renew anything.

P.S. I know for a fact that there are many other cases around the Toronto area that were able to renew their work permits and health cards after receiving a negative decision, despite the odds. I think it came down to who the VO was who was handling the renewal. Bureaucracy, folks.
That's my two cents...

I think perhaps it boils down to how quickly one department speaks with another department in regards to the outcome of the initial application. I would be curious as to how else you find that a working permit renewal on a failed refugee claim can/should/would be accepted.

A work permit along with other benefits are given once you file a refugee claim. Those benefits are meant to be ceased once your claim is denied. To continue to accept the benefits once you know you are denied, in my opinion, is a matter of defrauding not only the government, but the taxpayers of Canada.

Even if each responsible departments are willing to renew them because they don't have all the information doesn't make it right. I am willing to bet if on the renewal application one was to put, refugee claim was refused on date x, that there would be a denial letter in the mailbox.

I think we can all agree that if you don't abide by the laws that it may come back around and bite you in the ass end at a later date.

 

[b4roness]

I think perhaps it boils down to how quickly one department speaks with another department in regards to the outcome of the initial application. I would be curious as to how else you find that a working permit renewal on a failed refugee claim can/should/would be accepted.

A work permit along with other benefits are given once you file a refugee claim. Those benefits are meant to be ceased once your claim is denied. To continue to accept the benefits once you know you are denied, in my opinion, is a matter of defrauding not only the government, but the taxpayers of Canada.

Even if each responsible departments are willing to renew them because they don't have all the information doesn't make it right. I am willing to bet if on the renewal application one was to put, refugee claim was refused on date x, that there would be a denial letter in the mailbox.

I think we can all agree that if you don't abide by the laws that it may come back around and bite you in the ass end at a later date.

To calm you down a bit, let me set the following straight: I was told by CIC that I can renew the permit, despite my failed case, so your argument there could only be 50% valid depending on the circumstance... They (CLEARLY) told me that it's only logical that I should continue to work legally because I need to support myself while I wait for a final decision (prra or 'peace out home'), no one knew if I'd actually be removed at a later date (long story). Also, in what way does a work permit affect the tax payers of Canada? Please, someone shed some statistics on this.

As for the health card - YES, that is true - any injuries/illnesses sustained during a refugee claim technically can be said to fall on the back of Canadian taxpayers but not everyone is running to the hospital with broken arms, ebola, etc... Not every refugee is here to mooch off the system, some of us have horrible/unique cases and needed immediate asylum.

BTW I'm from NYC originally, and as a NYer who grew up around a ton of immigrants my entire life, I'd have happily helped people get their work permits or health insurance to achieve their goals if those goals are GOOD and for the benefit of their well being. As for fake refugees and illegals who are both in the U.S. and Canada, well, karma comes around eventually.

B.

 

[b4roness]

(ALSO... I've paid all my friggin taxes while residing in Canada since day 1... SO... when I needed to see my doc, I contributed to that, so to speak...)

 

[Alurra71]

To calm you down a bit, let me set the following straight: I was told by CIC that I can renew the permit, despite my failed case, so your argument there could only be 50% valid depending on the circumstance... They (CLEARLY) told me that it's only logical that I should continue to work legally because I need to support myself while I wait for a final decision (prra or 'peace out home'), no one knew if I'd actually be removed at a later date (long story). Also, in what way does a work permit affect the tax payers of Canada? Please, someone shed some statistics on this.

As for the health card - YES, that is true - any injuries/illnesses sustained during a refugee claim technically can be said to fall on the back of Canadian taxpayers but not everyone is running to the hospital with broken arms, ebola, etc... Not every refugee is here to mooch off the system, some of us have horrible/unique cases and needed immediate asylum.

BTW I'm from NYC originally, and as a NYer who grew up around a ton of immigrants my entire life, I'd have happily helped people get their work permits or health insurance to achieve their goals if those goals are GOOD and for the benefit of their well being. As for fake refugees and illegals who are both in the U.S. and Canada, well, karma comes around eventually.

B.

I am absolutely calm. Your case may be a unique one, but then, all of them are. No two situations are exactly the same. I would be curious to know why you would seek asylum in Canada from NYC though.

My comments are straight forward for the OP. She asked about her particular situation. I think she is going to find it a very very difficult road to achieving what she is asking for. A failed refugee spouse trying to obtain a new work permit, who is likely here or will be likely here, illegally by the time they get married, so on and so forth. As the OP stated, she is not even a resident yet here in Canada. What do you suppose the outcome is going to be?

Giving someone valid information is quite important in these matters. You yourself stated that you were still waiting on PRRA when you were given a new permit. I am thinking that 5 months after the OP's initial refusal the PRRA has likely already had a decision made. I am only giving her realistic pertinent information regarding HER situation.

 

[jocas]

Hello.. Im May applicant. Ngayun q lang na open yung Ecas ko.. Last August 11 nka received ako nag email galing manila immigration for Passpprt request. .Na checked ko Ecas ko..Medical received but hndi nka lagay sa ecas na ni request na nila Passport kO? Ganito ba talaga? Pag Passport request hintay nlng mag DM Bago magka VISA? So...Pag PPR na hindi pa talaga sure na approve na? may posibilidad pa ma Deny yung application kahit yung passport ko ni request na nila?

 

[b4roness]

I am absolutely calm. Your case may be a unique one, but then, all of them are. No two situations are exactly the same. I would be curious to know why you would seek asylum in Canada from NYC though.

My comments are straight forward for the OP. She asked about her particular situation. I think she is going to find it a very very difficult road to achieving what she is asking for. A failed refugee spouse trying to obtain a new work permit, who is likely here or will be likely here, illegally by the time they get married, so on and so forth. As the OP stated, she is not even a resident yet here in Canada. What do you suppose the outcome is going to be?

Giving someone valid information is quite important in these matters. You yourself stated that you were still waiting on PRRA when you were given a new permit. I am thinking that 5 months after the OP's initial refusal the PRRA has likely already had a decision made. I am only giving her realistic pertinent information regarding HER situation.

My apologies then, your wording on the matter seemed a bit off putting and honestly.
It's sad to say, but I also doubt the OP will be able to sponsor her fiance anytime soon. As for the work permit, the fiance CAN apply, that was the point i needed to clear up, but it's up to them. Who knows what their financial situation is. Maybe the fiance needs to work. Otherwise, is there a point? Probably not. Would be a waste of time (takes around 70 something days for a new WP) and money, just judging by the info given to us.
My only issue with your response was the negative backlash in regards to taxpayers, and refugees seemingly abusing the system. If I didn't get the info straight from the lion's mouth, I'd have also said the same: stop working, leave the country, apply outland, etc. Seeking a work permit isn't a bad thing - you're paying your taxes. Working illegally and overstaying? Now THAT'S abuse.

As for my case, it's a long story. PM me if you'd really like to know. I'd be happy to explain the situation, sometimes it helps others.

 

[b4roness]

Hello.. Im May applicant. Ngayun q lang na open yung Ecas ko.. Last August 11 nka received ako nag email galing manila immigration for Passpprt request. .Na checked ko Ecas ko..Medical received but hndi nka lagay sa ecas na ni request na nila Passport kO? Ganito ba talaga? Pag Passport request hintay nlng mag DM Bago magka VISA? So...Pag PPR na hindi pa talaga sure na approve na? may posibilidad pa ma Deny yung application kahit yung passport ko ni request na nila?

May Outland thread, hope that helps:

http://www.canadavisa.com/canada-immigration-discussion-board/may-2014-outland-applicants-t201974.780.html

 

[Alurra71]

Hello.. Im May applicant. Ngayun q lang na open yung Ecas ko.. Last August 11 nka received ako nag email galing manila immigration for Passpprt request. .Na checked ko Ecas ko..Medical received but hndi nka lagay sa ecas na ni request na nila Passport kO? Ganito ba talaga? Pag Passport request hintay nlng mag DM Bago magka VISA? So...Pag PPR na hindi pa talaga sure na approve na? may posibilidad pa ma Deny yung application kahit yung passport ko ni request na nila?

I am thinking that you might need to post your question, errr, I think it's a question, to the Manila thread, here http://www.canadavisa.com/canada-immigration-discussion-board/manila-case-familyspouse-sponsorshipproutland-application-in-december-2013-t186386.0.html. It certainly looks like Tagalog, but I"m not positive ....

 

[Smsm81]

I have a lot of querries running in my mind.

My fiancee is a refused refugee. He received the denied claim of refugee last march. His open work permit will expire this october. I wonder if he can renew his open work permit knowing that his PR application as a refugee was refused.

I am a TFW, my papers are still on process under the nominee program. We are getting marry this September with the hope that I can sponsor him.

Please shed a light to our situation.

THank you so much.

Update your application and include him as your common law partner if you lived together one year or as husband if you will get married.

 

[bluegrass]

He haven't received any deportation notice up to date. I wonder if you can recommend any lawyer who can help us.

 

[Alurra71]

He haven't received any deportation notice up to date. I wonder if you can recommend any lawyer who can help us.

I don't think a lawyer is going to be able to help at this point. He filed for refugee, was denied, and I am surprised he has not yet received his PPRA. You might want to check to be sure he didn't just miss something along the way because being forcibly deported is much harder to overcome than leaving on your own once told you must.

Have you and your fiance been living together for 12 consecutive months yet? If you have, and you have some proofs of that, you are then considered common law and you can add him to your own application that is now in progress. If you have been living together for 12 months and you do NOT claim him now as common law it will block your ability to sponsor him later on once you've gotten married and such.