Visa obligations when seeking asylum

[tkd.queer]

Hello,

I am inquiring on behalf of a friend. Suppose she obtains a study visa and arrives in Canada. She quickly realizes that she could live her life freely in Canada as an LGBT person and, she applies for asylum as an LGBTQ refugee within a few days of arrival. Is she still obliged to pursue studies as indicated in her visa application? Or once she's submitted documents seeking asylum can her study visa be negated and can she withdraw from those studies?

Thank you

 

[scylla]

There is no obligation for her to stay in school. However I would definitely stay in school since there's no guarantee the asylum application will be approved. Dropping out of school means her options for any future in Canada will be much more limited if the asylum application fails.

Also, if she's currently working, she would have to stop if she drops out of school until such a time as she can obtain a work permit through her asylum application.

 

[tkd.queer]

Thank you for that response. Unfortunately continuing to pursue school is probably not a financially viable option for her. I have offered to use my own funds to help her demonstrate that enough funds are technically available for her to study here (in one of the shorter and less expensive programs that we can find in her field), but I cannot actually part with those funds.

I just want to be very certain that there is nothing illegal about essentially cancelling the study plans after coming to Canada on a study visa and immediately applying for asylum.

Thanks

 

[scylla]

There's certainly nothing illegal about it.

She should make sure she has strong supporting evidence before she proceeds with the asylum claim. Failed asylum claims have a significant and negative impact on a person's future ability to qualify for study, temporary worker and visitor visas.