Withdraw refugee claim

[be12]

Hi,

A week ago I withdrew my refugee claim. I received the confirmation letter and now Im just waiting for my passport.

Before withdrawing my claim, I called the refugee office that has my case and asked the consequences of this action giving the fact that I have a student permit valid until 2016 which does not confer refugee status and Im currently in my 2nd year of the program. The office said that refugee and immigration in this case my study permit are two different things and departments however In my case I could still stay in Canada.

Its been a week and Im still waiting for my passport. I called up the main office where I did my claim and they said that I have to wait for a call from another office and have an interview.

Im scared now because I want to continue my studies in Canada and also Im confused whether my decision of withdrawal was a mistake or not. The office where I applied says that I have to return to my country and come back as a lad immigrant and the other office that has my file says that I can stay because of my student permit.

I got my study permit in 2012, renewed for 2013, valid until 2016. And it was not given under refugee status. I've been in Canada for 2 years and I claimed for refugee on April 31,2013

Will the refugee board send me back? What can I do to remain in Canada if they do so?

 

[encantado]

Will the refugee board send me back? What can I do to remain in Canada if they do so?

I'm not quite sure, but when you had applied for refugee status and became a refugee claimant you lost your student status.
Because the procedure is:
1. you apply for refugee status
2. you come to the interview with the immigration officer to determine if you are eligible to apply. And this very moment the officer makes a report to the Minister that you broke the rules of obtaining visas because you applied for student visa and now want to change your status. It's just a formal procedure and nothing will be wrong with you if IRB grants your a status of a protected person.

After you withdrew your application and IRB must return your file to the CIC office. And now it's just a prerogative of CIC to keep your previous status or not. Just go to your office and clear up everything here. If they tell you that you will keep your student status it's ok, but I think they will not. Try to find an immigration lawyer in this case.

 

[obib]

Although you can get a good Immigration Lawyer involve if you can afford it however, I don't really think you have an issue since you have an alternate status which enables you to remain legally in Canada.I know of a close family member who has similar issue and withdrew his claim to stand on the student status.You are only asked to leave if you no longer possess any legal status to stand on in Canada

 

[be12]

True, moreover when I went to my interview to decide whether I was eligible or not, the officer put a stamp on my student permit that says "does not confer status" so I could keep studying meanwhile I was in the refugee process.

 

[encantado]

True, moreover when I went to my interview to decide whether I was eligible or not, the officer put a stamp on my student permit that says "does not confer status" so I could keep studying meanwhile I was in the refugee process.

Correct, because you have change your status into refugee claimant and got another paper.

 

[be12]

Yes, so, theres a chance that my status can go back to student? Now Im just waiting for a call from the office that has my file. But to be honest Im not quite sure of the next steps and Im alone in this process.

 

[encantado]

Yes, so, theres a chance that my status can go back to student? Now Im just waiting for a call from the office that has my file. But to be honest Im not quite sure of the next steps and Im alone in this process.

If I were in your shoes I would go the CIC office, find any immigration officer and ask him several questions about the situation itself. How do the usually run such cases. May be there is nothing to worry about or if there is - start seeking for qualified help.

 

[be12]

Thank you for your help. Very appreciate.

 

[shaheersinn]

Yes. You will be removed from Canada within 30 days.

 

[foodie69]

Yes. You will be removed from Canada within 30 days.

That was 3 years ago...