Withdrawing status and being sponsored through family class by another refugee

[rfg123zzz]

Hi members,
Please let me know if any of you have an idea regarding the following situation
1. Husband and wife applied together and both get approved as protected persons
2. Wife renounces just her status and goes back to country of origin for personal reasons (can reasons be explained during withdrawal to IRB ? If yes, does it help ?)
3. If the husband stays in Canada and gets his PR, can he then sponsor the wife through family class?
4. If not, can he sponsor the wife (family class) after getting citizenship?

*Does renouncing protected person status automatically make the person inadmissible? If yes, can the person attach explanations?

Thank you.

 

[canuck78]

Hi members,
Please let me know if any of you have an idea regarding the following situation
1. Husband and wife applied together and both get approved as protected persons
2. Wife renounces just her status and goes back to country of origin for personal reasons (can reasons be explained during withdrawal to IRB ? If yes, does it help ?)
3. If the husband stays in Canada and gets his PR, can he then sponsor the wife through family class?
4. If not, can he sponsor the wife (family class) after getting citizenship?

*Does renouncing protected person status automatically make the person inadmissible? If yes, can the person attach explanations?

Thank you.

If the husband and wife had similar history of persecution in their home country if one spouse of now able to return to their home country safely that could raise concerns about the true risk of persecution of the other spouse.

 

[Simba112]

Hi members,
Please let me know if any of you have an idea regarding the following situation
1. Husband and wife applied together and both get approved as protected persons
2. Wife renounces just her status and goes back to country of origin for personal reasons (can reasons be explained during withdrawal to IRB ? If yes, does it help ?)
3. If the husband stays in Canada and gets his PR, can he then sponsor the wife through family class?
4. If not, can he sponsor the wife (family class) after getting citizenship?

*Does renouncing protected person status automatically make the person inadmissible? If yes, can the person attach explanations?

Thank you.

No. You can not sponsor inadmissible Individual family member. There is no difference whether you are PR or Citizen when it comes to Spousal Sponsorship. You may consult immigration lawyer

 

[rfg123zzz]

If the husband and wife had similar history of persecution in their home country if one spouse of now able to return to their home country safely that could raise concerns about the true risk of persecution of the other spouse.

That makes sense. However, what if the wife feels safer (or is willing to take the risk) but the husband still stays back due to fear of persecution (principal persecuted person)?

 

[rfg123zzz]

No. You can not sponsor inadmissible Individual family member. There is no difference whether you are PR or Citizen when it comes to Spousal Sponsorship. You may consult immigration lawyer

Does renouncing status/withdrawing automatically make a person inadmissible?

 

[Simba112]

Does renouncing status/withdrawing automatically make a person inadmissible?

Yes, automatically protection status ceases. Withdrawing means you voluntary cease your status and removal/departure order kicks in

40.1 (1) A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased.

 

[rfg123zzz]

Yes, automatically protection status ceases. Withdrawing means you voluntary cease your status and removal/departure order kicks in

40.1 (1) A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased.

Thanks a lot for the very concise information. Does 42 (1) mean that if one of the spouses become inadmissible the other persron also automatically becomes inadmissible in this case?

 

[scylla]

Thanks a lot for the very concise information. So, if I understand correctly, they can be sponsored after 5 years (when they are automatically not inadmissible anymore) or be eligible to apply for TRV ?

No, there's no five year limitation on the inadmissibility.

You were probably reading the rules for rehabilitation due to criminal inadmissibility? Or perhaps the five year misrepresentation ban? This is different and doesn't apply to your situation.

 

[xiaopei8888]

Your wife has been issued refugee papers, and if she rescinds them, she must leave the country. This also means that it will be very difficult for her to get any visa in the future, let alone that you will sponsor her to apply for PR again, which will be very difficult and the probability of success will be very low.

Refugees are a road of no return, a road without any options.

 

[rfg123zzz]

No, there's no five year limitation on the inadmissibility.

You were probably reading the rules for rehabilitation due to criminal inadmissibility? Or perhaps the five year misrepresentation ban? This is different and doesn't apply to your situation.

So the inadmissibility is permanent?

 

[scylla]

So the inadmissibility is permanent?

Essentially, yes.

It really only makes sense for your wife to renounce if she has absoutely no plans on returning to Canada at all ever.

 

[canuck78]

That makes sense. However, what if the wife feels safer (or is willing to take the risk) but the husband still stays back due to fear of persecution (principal persecuted person)?

You seem to be trying to play games with IRCC. Not a good idea.