Visitor/Tourist

[scylla]

The thing with a visitor visa (even if you're approved) is that it is for visitors - not for people who want to move to Canada. A visitor visa doesn't let you stay in Canada long term and if you come as a visitor, you're going to find it very difficult to change your status to something long term (i.e. sooner or later it's extremely probable you're going to have to go home). While here on a visitor visa, you won't be able to work, your daughers won't be allowed to attend school and none of you will qualify for free health care. If you want to live in Canada (i.e. become a permanent resident with your daughters), then by all means try for a study permit first or a work permit. In my opinion this is a far better choice than the visitor visa. If neither of these work out, then you'll need to find a way to qualify under one of the immigration programs listed in the link provided earlier.

Regardless of what you do, I think it's very important that you return to Nigeria and re-establish yourself there for a number of months (again, I would say 6+) so that you can demonstrate ties to your home country when applying for the study or work permit. To qualify for a work permit, you'll need to find an employer in Canada who is willing to offer you a job and can obtain an approved labour market opinion. To qualify for a study permit, you will need to be accepted by a school in Canada first. Note that it's too late to join the September term - so you would be looking at January at the earliest. The education path you select in Canada must make sense in light of your previous schooling and experience. Assuming you have a BA in Psychology - it would make sense for you to be taking a Masters in Canada.

 

[zardoz]

The big problem with the idea of entering on a visitor visa is that you DO have to plan to go home again. I'm assuming that you don't wish to remain in Canada illegally once your visa has expired. Your visa, if granted, might only be for a few weeks. You would have to leave almost all of your property behind as well, because CBSA might take a very negative view of you "moving" to Canada on a visitor visa. They could bounce you at the border, even if you have a visa.

I may be wrong but I'm getting the very strong impression that you want to immigrate on a visitor visa. You can't...

(Sorry Scylla, we synchro-posted)

 

[xixioge]

The big problem with the idea of entering on a visitor visa is that you DO have to plan to go home again. I'm assuming that you don't wish to remain in Canada illegally once your visa has expired. Your visa, if granted, might only be for a few weeks. You would have to leave almost all of your property behind as well, because CBSA might take a very negative view of you "moving" to Canada on a visitor visa. They could bounce you at the border, even if you have a visa.

I may be wrong but I'm getting the very strong impression that you want to immigrate on a visitor visa. You can't...

(Sorry Scylla, we synchro-posted)

Yes you are not wrong. I'm choosing this path because I'm sensing a visitor's visa might be the quickest and surest means for me. A student visa would mean I have to come first without my daughters and I'm afraid of having them being denied an entry visa to join me later on.

 

[xixioge]

The thing with a visitor visa (even if you're approved) is that it is for visitors - not for people who want to move to Canada. A visitor visa doesn't let you stay in Canada long term and if you come as a visitor, you're going to find it very difficult to change your status to something long term (i.e. sooner or later it's extremely probable you're going to have to go home). While here on a visitor visa, you won't be able to work, your daughers won't be allowed to attend school and none of you will qualify for free health care. If you want to live in Canada (i.e. become a permanent resident with your daughters), then by all means try for a study permit first or a work permit. In my opinion this is a far better choice than the visitor visa. If neither of these work out, then you'll need to find a way to qualify under one of the immigration programs listed in the link provided earlier.

Regardless of what you do, I think it's very important that you return to Nigeria and re-establish yourself there for a number of months (again, I would say 6+) so that you can demonstrate ties to your home country when applying for the study or work permit. To qualify for a work permit, you'll need to find an employer in Canada who is willing to offer you a job and can obtain an approved labour market opinion. To qualify for a study permit, you will need to be accepted by a school in Canada first. Note that it's too late to join the September term - so you would be looking at January at the earliest. The education path you select in Canada must make sense in light of your previous schooling and experience. Assuming you have a BA in Psychology - it would make sense for you to be taking a Masters in Canada.

I actually don't mind going home to re-establish myself for another 6 months. I've been considering the student visa option too and presently eyeing a masters degree in 'gender studies' (want to do something related, but not exactly like my first degree) to enhance my emplyment opportunities in the future. What would you advise? Do you think the student route is better or should I try to come in as a tourist in order to be able to have my children with me at the same time and then try to find my bearing once in (even though I know you said it could be very difficult to do so)?

 

[zardoz]

Just a word of warning.. If you try to break the Immigration rules, you will probably end up being "removed" from Canada. If this happens, the chances of you being able to go to any "developed" nation will dramatically reduce.

 

[scylla]

I don't understand what coming as a tourist will accomplish.

Let's say your tourist visa is approved and you arrive in Canada with your daughters. What do you plan to do next? What will you do once your six month visit is over (assuming you are granted a visit of the full six months)? What does "finding your bearings" mean?

Being in Canada on a tourist visa won't make it easier for you to be approved for a work permit or study permit - in fact, it will make it harder since the fact you're in Canada will make it even clearer to CIC that you're trying to find a way to stay in the country long term. If you search through this forum, you will find stories of people who have been refused work permits after coming to Canada as tourists and finding employers due to lack of ties to their home country and CIC's belief they are just trying to stay in Canada long term. This sounds very much like what you're trying to do.

You seem really set on the tourist visa. Unfortunately I agree with zardoz. Nothing about what you want to do is the behaviour of a tourist. Ultimately what you do is up to you. I've already told you my recommendation a few times. It's not the tourist visa.

 

[xixioge]

Just a word of warning.. If you try to break the Immigration rules, you will probably end up being "removed" from Canada. If this happens, the chances of you being able to go to any "developed" nation will dramatically reduce.

No, I'm not that stupid. In the worst case scenario, I would turn in myself as an asylum seeker.

 

[zardoz]

No, I'm not that stupid. In the worst case scenario, I would turn in myself as an asylum seeker.

Nice try, but there is no way that you could claim asylum given the information you have provided.
It's becoming more and more obvious that you don't want to go about this in the "correct" way, which is to return to Nigeria and prepare a proper application for permanent residence.

 

[xixioge]

Nice try, but there is no way that you could claim asylum given the information you have provided.
It's becoming more and more obvious that you don't want to go about this in the "correct" way, which is to return to Nigeria and prepare a proper application for permanent residence.

Read my posts again and you would see I spoke about options i.e. student visa, which I believe I'm adequately qualified for. My only fear regarding taking that route is I don't want to leave my daughters behind if it's true only I can get the visa before it is given to my daughters (I guess this shows someone that wants to do things the "correct way").
As for the refugee route, don't you think the interviewing officer has the responsibility of determining how genuine my story would be? And moreover there are courts of law to weigh his judgement against my burden of prove???
Honestly speaking, I came to this forum for advise because I intend to do things the honest way. I could have lied about my plans and identity if I wanted to, but I'm a honest person by nature and has been keeping everything real so far. Thank you!

 

[zardoz]

It's not a question of how "genuine" your story is. I don't doubt it for one moment.
It's the issue of a domestic relationship breakdown and having to return to your country of citizenship doesnt make you a "refugee".

Definitions
You may find the following definitions useful as you learn more about refugee claims in Canada.

Convention refugee

Convention refugees are people who are outside their home country or the country where they normally live, and who are unwilling to return because of a well-founded fear of persecution based on:

race;
religion;
political opinion;
nationality; or
membership in a particular social group, such as women or people of a particular sexual orientation.

Person in need of protection

A person in need of protection is a person in Canada whose removal to their home country or country where they normally live would subject them personally to:

a danger of torture;
a risk to their life; or
a risk of cruel and unusual treatment or punishment.

 

[xixioge]

It's not a question of how "genuine" your story is. I don't doubt it for one moment.
It's the issue of a domestic relationship breakdown and having to return to your country of citizenship doesnt make you a "refugee".

Well, I have not told my entire live history on this page, you know? I only gave glimpses....there are various reasons why marriages break down too in case you were wondering and domestic violence could be one of those reasons. Returning to my country of citizenship for a woman like me could therefore expose me to so much hardship and danger too.
Let us just agree, I have my real life story to tell when I'm seeking for asylum help.

By the way, if you have any help to render in regard to getting a student visa, that would be very much appreciated

 

[scylla]

By the way, if you have any help to render in regard to getting a student visa, that would be very much appreciated

All of the details are on the CIC web site:

http://www.cic.gc.ca/english/study/study.asp

 

[scylla]

Well, I have not told my entire live history on this page, you know? I only gave glimpses....there are various reasons why marriages break down too in case you were wondering and domestic violence could be one of those reasons. Returning to my country of citizenship for a woman like me could therefore expose me to so much hardship and danger too. Let us just agree, I have my real life story to tell when I'm seeking for asylum help.

Zardoz is just trying to be helpful by explaining that your chances of being approved as a refugee likely nil and if you apply and are refused, this will greatly complicate anything you try to do in the future. You can't use domestic violence as a claim since you can easily fix that by leaving Europe and returning to Nigeria. So to be approved, you would have to demonstrate that you are specifically under threat if you return to Nigeria - not that you "could" be explosed to hardships and dangers. "Could" will get you a refusal. To be approved, you would have to provide evidence that you have been targeted (this evidence would be things like police reports of voilence against you, hospitalization records, newspaper articles mentioning you or your family and the situation, etc.). The evidence will also have to be recent. If you don't have this kind of evidence - then you'll be looking at a refusal and removal from Canada. Once this happens, you will effectively never be able to get a visitor, work or study visa to Canada again (although immigration will still be open to you). Also, your failed refugee claim will complicate future entries into other countries. Please avoid the refugee route unless your life will in danger as soon as you step off the plane in Nigeria and you have solid proof to back this up. Again, we are giving this advice to try to help you and to be honest about your options.

 

[xixioge]

Zardoz is just trying to be helpful by explaining that your chances of being approved as a refugee likely nil and if you apply and are refused, this will greatly complicate anything you try to do in the future. You can't use domestic violence as a claim since you can easily fix that by leaving Europe and returning to Nigeria. So to be approved, you would have to demonstrate that you are specifically under threat if you return to Nigeria - not that you "could" be explosed to hardships and dangers. "Could" will get you a refusal. To be approved, you would have to provide evidence that you have been targeted (this evidence would be things like police reports of voilence against you, hospitalization records, newspaper articles mentioning you or your family and the situation, etc.). The evidence will also have to be recent. If you don't have this kind of evidence - then you'll be looking at a refusal and removal from Canada. Once this happens, you will effectively never be able to get a visitor, work or study visa to Canada again (although immigration will still be open to you). Also, your failed refugee claim will complicate future entries into other countries. Please avoid the refugee route unless your life will in danger as soon as you step off the plane in Nigeria and you have solid proof to back this up. Again, we are giving this advice to try to help you and to be honest about your options.

Huh? How do you mean I can easily fix it by leaving Europe for Nigeria? Maybe you need to google the stigma, discrimination and the threats to live a female divorcee faces in Nigeria. Like I said, lets agree I have my story to tell if seeking asylum happens to be my last resort.

How would my be a failed refugee claimant complicate future enteries into other countries for me when I didn't forge documents nor misrepresented myself in anyway in the process??? Does seeking refugee/help in a safer country than yours authomatically make you a criminal?

 

[scylla]

Huh? How do you mean I can easily fix it by leaving Europe for Nigeria? Maybe you need to google the stigma, discrimination and the threats to live a female divorcee faces in Nigeria. Like I said, lets agree I have my story to tell if seeking asylum happens to be my last resort.

How would my be a failed refugee claimant complicate future enteries into other countries for me when I didn't forge documents nor misrepresented myself in anyway in the process??? Does seeking refugee/help in a safer country than yours authomatically make you a criminal?

I'm aware of the stigma that a female divorcee could face in a country like Nigeria. What I was trying to explain is that to use this as a foundation for a refugee claim, you will have to prove that you yourself have already experienced this and show proof of this fact - not that you might or will experience this. I hope my explanation is better this time. Again, I'm just trying to help. No - a failed refguee claim definitely doesn't make you a criminal. However what it very strongly demonstrates is that you have low ties to your home country and do not want to return/stay there. Many countries (Canada, US, etc.) require you to provide proof of ties to your home country when you apply for certain visas (tourist, work, student) and you must declare any failed visas (like a failed refguee claim). For example, if you have a failed refugee claim in the US or Canada, it's pretty much a guarantee that a work, study or tourist visa will be refused. Hope this explanation makes sense as well.