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The Actual Possibility of Immigrating

purplesnow

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Feb 1, 2015
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ybjianada said:
Not exactly. A counterexample is that refugees and asylum seekers may be granted PR without having to present valid passports.

To work around this issue, I think his best bet is to argue on the basis of the status of 'Conscientious Objector'. If the immigration officer is convinced, they should accept an expired passport with his PR application.

'A conscientious objector is an "individual who has claimed the right to refuse to perform military service"[1] on the grounds of freedom of thought, conscience, and/or religion.[2] In general, conscientious objector status is only considered in the context of military conscription and is not applicable to volunteer military forces.'

https://en.wikipedia.org/wiki/Conscientious_objector#Canada

This is predicated on 2 assumptions:
1) Canadian law supports the status of Conscientious Objector
2) S Korean law does not recognize the status of Conscientious Objector and does not make provisions (in terms of alternative forms of service) for such people.


If the above works, and the young man receives PR status without a valid passport, the inconvenience would be that he cannot travel outside Canada on his Korean passport. He has to apply for a travel document with Canadian Immigration, if he wishes to travel outside Canada, until he obtains Canadian citizenship.
here's the thing though, to go through Express Entry, he has no option but to have a valid passport.

Now he can definitely try to claim asylum on the basis that he objects to serving in the military. Express Entry can't facilitate asylum claims and basically, that's what he's going to have to do if he goes the conscientious objector route. Also, I'm not sure how making an asylum claim after completing a Canadian education would work. Just don't have the legal know-how to comment on its feasibility.

Canada historically, does support conscientious objector status, however they have been tightening regulations in the last couple years and they do need to believe that you truly are a conscientious objector or they'll just deport you back. the onus is on you to prove how it violates your conscience or beliefs and how your life is in danger etc.