If I claim refugee status in Canada and my son has a visitor Visa can he come and stay with me until I receive a decision?
What happens to my child in another country if I claim asylum in Canada?
- Thread starter Kate Depass
- Start date
Looking at your history you were going to put in a spousal claim did that fall through? Because if that's still a possibility do that instead. There is a chance they might think your son would claim asylum too and cancel his visitor visa. It could be a couple of years before you see him again.
You usually give up your passport when you claim asylum so you will not be able to travel anywhere outside of Canada until you become eligible for RTD which will take about 2 years if you are successful.
if you don't mind me asking what is your country of origin? When did the persecution or your life being in danger start? I assume you have all the supporting documents? The reason I ask is that you might have to be prepared to answer why you didn't file for protection once you arrived on student visa and are doing this now.
But if you have a Canadian spouse, and you are still together, therefore he is eligible to sponsor you, your claim will get rejected pretty quickly.
Since you have a son, would advice that you think well and hard before making a refugee claim as it will affect his travel freedom too (visas to country who share information with Canada will most likely be cancelled as an example)
she mentioned it is no longer an option.....so maybe the relationship has broken down.
That's why I asked why she didn't claim when she first arrived, if she tells them she was waiting for her spousal sponsorship and that fell through.....it will look like shes applying just to remain in Canada.
As an international student, you can most likely get a PGWP (if you are eligible for one) and then follow it up with PR when you meet the eligibility criteria.,.. assuming spousal sponsorship is not an option.
Your claims for asylum might not work as you are married to a Canadian citizen + if you do not have any real threats/persecution to your life. Asylum might seem like an option just to continue staying in Canada