What if I will just use the USA visa on my national passport and for stamp RTD ?
Time line for Permanent Residence application for Refugees
- Thread starter Jalalcananda
- Start date
I also have valid visa but We can’t use those visas anymore. You need to apply a new visa and explain them the situation.
right ...thanksHi,
I faced similar issue. I contacted US immigration department and they informed me that visa has been cancelled because I entered Canada illegally through US. So, in order to come to USA, I should get a new visa on RTD.
If you have not come to Canada via USA unlike me then your existing visa is valid but it is not in your possession, so you need to get a new visa on RTD. You can give a reference of your existing visa to US immigration when applying.
I said going back to home country is not right and not advised. But renewing your national ID is not a problem. The refugee status itself means that the problem is to continue your life there in your backhome country, not renewing your ID is the problem. Just go and ask a lawyer
And if it's totally wrong so what is the point of the IRCC returning it to you back after getting CoPR ?
@Vmp11 & @Yuki.03 you both are somewhat right.
My lawyer told me that:
- You can renew your home country passport and IDs.
- Your existing visas are valid and can be used once you receive your passport back. (Not true for US visa, in my case as mentioned in one of the above posts).
- You can apply for new visas on your home country passports once you get them back.
- You can use your home country passport to travel to any country. HOWEVER, IT IS NOT RECOMMENDED. Because, in case of emergency, if the country you are visiting needs to send you back, they will send you to your country of nationality (determined by passport you are using). OR if there is an emergency (just like during COVID) and country needs to bring there citizen back from other countries, Govt. of Canada will not bring PR holders, unless you are travelling using Canadian travel document.
- You should not travel to your home country as it means that you do need protection anymore and govt. of Canada can revoke your status and send you back.
As I said using it for travel or renewing it is a risk you are taking. lawyers have said they wouldn't advise anyone to do those. it is a risk. if you know what risk means. something might happen or not.. stop giving advice that might jeopardize people's status.. some people have done these things and nothing has happened to them while some were not that lucky. So it is RISK if you cannot comprehend. you could be subjected to re-availment or cessation. using your passport to enter another country is pretty much if anything happens to you, you are under your home country protection not Canada. it's having contact and protection with the place you said you fled from that offered you no protection, get it now?
Seems like you didn't read what me and others have said. The risk is to continue your life there, not renewing your ID. Refugee is not case of renewing, it's a case of life. So anyways take it easily am not advising someone, I'm just sharing some info that many lawyers have said and what is logic saying. And btw comment after me is saying same. It's totally your right to be with or against.As I said using it for travel or renewing it is a risk you are taking. lawyers have said they wouldn't advise anyone to do those. it is a risk. if you know what risk means. something might happen or not.. stop giving advice that might jeopardize people's status.. some people have done these things and nothing has happened to them while some were not that lucky. So it is RISK if you cannot comprehend. you could be subjected to re-availment or cessation. using your passport to enter another country is pretty much if anything happens to you, you are under your home country protection not Canada. it's having contact and protection with the place you said you fled from that offered you no protection, get it now?
12.2.2. Overview of Cessation Provisions in IRPA
Subsection 108(1) of the IRPA sets out five grounds for cessation of refugee protection, while subsection (4) sets out an exception to the application of paragraph 108(1)(e) – commonly referred to as change of circumstances:
Rejection
108 (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances:
(a) the person has voluntarily reavailed themself of the protection of their country of nationality;
(b) the person has voluntarily reacquired their nationality;
c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality;
d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or
e) the reasons for which the person sought refugee protection have ceased to exist.
VIA IRB website https://irb-cisr.gc.ca/en/legal-policy/legal-concepts/Pages/RefDef12.aspx
Broken down..
What is “Reavailment”?
Refugee protection is based on the assumption that a refugee cannot depend on the protection of their home country. Under international law, a refugee loses their protection when they go back to relying on that country’s protection. When a refugee relies on their home country’s protection, it is called “reavailment”.
The following behaviours are presumed to count as reavailment:
Most people just think of a passport as a document that lets you travel. But requesting or using a passport from a country can be seen as a declaration you trust that country to protect you as you travel, and to help you if something goes wrong abroad – i.e. that you are relying on that country’s “diplomatic protection”.
Subsection 108(1) of the IRPA sets out five grounds for cessation of refugee protection, while subsection (4) sets out an exception to the application of paragraph 108(1)(e) – commonly referred to as change of circumstances:
Rejection
108 (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances:
(a) the person has voluntarily reavailed themself of the protection of their country of nationality;
(b) the person has voluntarily reacquired their nationality;
c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality;
d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or
e) the reasons for which the person sought refugee protection have ceased to exist.
VIA IRB website https://irb-cisr.gc.ca/en/legal-policy/legal-concepts/Pages/RefDef12.aspx
Broken down..
What is “Reavailment”?
Refugee protection is based on the assumption that a refugee cannot depend on the protection of their home country. Under international law, a refugee loses their protection when they go back to relying on that country’s protection. When a refugee relies on their home country’s protection, it is called “reavailment”.
The following behaviours are presumed to count as reavailment:
- Renewing a passport from your home country
- Using a passport from your home country to travel to another country
- Entering your home country
Most people just think of a passport as a document that lets you travel. But requesting or using a passport from a country can be seen as a declaration you trust that country to protect you as you travel, and to help you if something goes wrong abroad – i.e. that you are relying on that country’s “diplomatic protection”.