Visitor visa to refugee ?

[chitwan7]

Hi,
I am 26 years of age.
I am in Canada as a multiple entry visa for 6 months. It's been 2 months that I came to Canada. I came to Canada on 15 Sept 2015. I came from Nepal. I was sponsored by my brother in law. I came here after the earthquake in Nepal. But My brother in law sponsored me to come here. If I apply refugee, I think it will affect his credit. May be he wants to bring his other family members. If I apply refugee, visa officer reject visa of his family members if they apply. Because I dont return to back home. If I apply for refugee, does it affect him or not that he sponsored me to come in Canada. How long it takes for the process of refugee.
Please I am waiting for your response.

 

[scylla]

On what grounds are you planning on applying for refugee status? Hopefully you're aware the earthquake is not grounds for applying for refugee status in Canada.

 

[CanadianForces]

OP, I agree with scylla that natural disaster isn't a ground of refugee claim.

In addition to that, what strikes me in your post is the fact that you have been in Canada for 2 months.
If your asylum claim case will be based on issues (persecutions) that arise before you enter Canada, then you have waited for too long before thinking of making your claim.
The Federal Court of Canada had ruled that delays in seeking asylum without serious reasons negate evidence of a subjective fear of persecution. The reasoning being that someone who was truly fearful would claim refugee status at the first opportunity. You have been in Canada for 2 months and this may be considered a huge delay by the Immigration and Refugee Board. Thus, there may not be any subjective fear for you to return to your home country.

If you don’t have good reason to make asylum claim, don’t take that route. You may end up jeopardizing your chance of ever visiting Canada again. At least, you have been granted a visitor visa to Canada, just show that can follow the condition of your visa and you will be permitted to visit Canada again. There are other channels through which you may have access to permanent residence status but I would recommend that you stay way from the asylum route.

You indicate that your brother in law had helped you secure your visitor visa. It is very possible that if you don't keep up with the condition of your visa, he may not be able to help someone else in the future. I can't comment much about that given that the visa is granted at the discretion of a visa officer.

 

[8Hannah8]

Many believe that asking for asylum is the only and the fastest way to immigrate to Canada. It is not true, there are multiple ways including family class sponsorship, skilled worker and student programs that could be served as a foundation for immigration. Have you tried to go through Express Entry system or becoming a student?

 

[kriv]

Instead of probing your reasons/grounds to apply for a refugee protection or instead of me making a judgmental statement that you do not seems to be a genuine refugee claimant.... coming straight to your asked question:

Yes you can apply for a refugee protection while you are in canada on a visit visa and it will not effect the credibility of your brother in law AND it will not effect his ability in anyway to sponsor his family any time in future.

Visit visas (TRV) are not granted based on sponsorship or undertakings. In simple words a visit visa (trv) cannot be sponsored and cannot be approved/granted based on any type of undertaking/sponsorship. it is purely given/approved on the grounds of the applicant's personal circumstances. If you are referring to the an invitation letter provided by your brother-in-law to help you in your visa then that invitation letter (so called sponsorship letter) has no legal value or binding on YOU or your brother-in-law. CIC never use the word "sponsorship letter" rather they just suggest that a TRV applicant may include an invitation letter with a TRV application. this invitation letter can only help CIC to determine the purpose of visit, the applicant's intention, his ties to canada and the amount required for his trip as the invite will be providing him food and place to live.

Sponsorship or undertakings are valid or considered a legal document only in family PR applications (parents, grandparents, spouses, siblings) For visit visas (TRV) there is no such legal binding that exists.

so in short your brother-in-law will have no problems if you claim a refugee protection and he will always have the right to sponsor his family in future.

About your refugee claim: while you are here on a visit visa you can claim a refugee protection ( that's your right if you think you cannot return to your home country) and any delay in making the claim ( the delay must be a genuine reason not too much time) will not effect or have any negative impact on your case. yes a very long delay can effect your case. i know many who claimed protection after 2-3 month of their visit. ( as many had to wait for collecting evidence or the fear or reason arose while they were here. so a short delay with genuine reasons cannot be a reason to reject someone who has a genuine fear of persecution). Yes you must have a logical and genuine reason for everything.

You can read more about the "delay issue" at the link given blow and read the situations in which a delay can be a major factor in rejection of a refugee case.

http://www.irb-cisr.gc.ca/Eng/BoaCom/references/LegJur/Pages/RefDef05.aspx

i am not lawyer and my advice or statements are purely based on my personal experience or by observing other users here on this forum.
i hope it helps and you got the answer of what you have actually asked.

 

[hira786]

Hi,
I am 26 years of age.
I am in Canada as a multiple entry visa for 6 months. It's been 2 months that I came to Canada. I came to Canada on 15 Sept 2015. I came from Nepal. I was sponsored by my brother in law. I came here after the earthquake in Nepal. But My brother in law sponsored me to come here. If I apply refugee, I think it will affect his credit. May be he wants to bring his other family members. If I apply refugee, visa officer reject visa of his family members if they apply. Because I dont return to back home. If I apply for refugee, does it affect him or not that he sponsored me to come in Canada. How long it takes for the process of refugee.
Please I am waiting for your response.

hi, did your application for asylum get approved?If so, is this had any impact on your brother-in-law status?

 

[scylla]

hi, did your application for asylum get approved?If so, is this had any impact on your brother-in-law status?

The OP didn't end up applying for asylum.

 

[khansaaab]

plz any one can tell me that if a guy go to canada on tourist visa can he or she get refugee there asylum papper if he or she dont want to come his or her home county back

 

[canuck78]

plz any one can tell me that if a guy go to canada on tourist visa can he or she get refugee there asylum papper if he or she dont want to come his or her home county back

You still need to have proof that your life is at risk and that you’ve tried everything possible in your country like filing police reports, relocating to another area of the country, etc.

It is also quite difficult to get a tourist visa to Canada.

 

[visatest]

plz any one can tell me that if a guy go to canada on tourist visa can he or she get refugee there asylum papper if he or she dont want to come his or her home county back

I hope you understand the level of proof you will require to claim asylum. Maybe I missed something on the news but I have never heard of a refugee from Nepal. Nepal is not noted for conflict. CBSA officers will know that also. You can not be a refugee from a bad economy. It simply doesn't work that way.

 

[Adeusi]

I hope you understand the level of proof you will require to claim asylum. Maybe I missed something on the news but I have never heard of a refugee from Nepal. Nepal is not noted for conflict. CBSA officers will know that also. You can not be a refugee from a bad economy. It simply doesn't work that way.

Pls, can you or anyone suggest more good reasons or issue that can be considered adequate proof to seek asylum.
Thanks, am a Nigeria. Can i use the issue of boko haram terrorism that is on going?

How can i present a good case pls?

 

[Buletruck]

Have you been directly affected by Boko harem? Are you female? Are you in Canada?

If you don’t actually have reasons for a refugee claim, you’re not a refugee. You don’t get to pick and choose the best reasons. Either you are a genuine refugee with specific reasons or you aren’t a refugee.

 

[visatest]

Don't try to game the system. Do whatever you are going to do transparently. One of our courts would not be amused you are picking refugee scenarios like entrees at a dinner. Your spending my tax money; be upstanding or forget Canada.

 

[scylla]

Thanks, am a Nigeria. Can i use the issue of boko haram terrorism that is on going?

Only if you've been directly impacted and can show evidence of that.

 

[Copingwithlife]

Pls, can you or anyone suggest more good reasons or issue that can be considered adequate proof to seek asylum.
Thanks, am a Nigeria. Can i use the issue of boko haram terrorism that is on going?

How can i present a good case pls?

If you don’t have a reason to claim asylum, why would complete strangers online be able to provide you one , of why would they want too ?