Applying to stay in Canada as a refugee..?

[adam11]

I live in Calgary AB under a work permit, I'm a temporary foreign worker.
I'd like to stay here permanently, and since my country is in war I thought I might as well apply to stay here as a refugee..
At first I thought it'd be better to save up money, go to college, get an open work permit and then apply for permanent residency, but I think I have a pretty good shot to stay here as a refugee since my country isn't safe.
My questions are:
1. What happens if my work visa expires, my application approved but I didn't get my permanent residency yet? Will I be able to work? (there's a long processing time)
2. If my application is being denied, would that hurt my chance to get a student visa?
3. Is it true that I can't leave Canada until I become a citizen and get a Canadian passport?

Thanks,
Adam.

 

[scylla]

I'll help you with one question.

2. Yes - if your refugee claim is refused, then you can forget about ever being approved for a student visa. To be approved for a student visa, you must prove you have strong ties to your home country and have no plans to remain in Canada long term. Having a failed refugee claim obviously makes this impossible to prove.

 

[salem10]

Hi, The refugee calim is risky option. If you approved it will the best, but in case your claim is refused, you will lose every thing and forget about Canada visa.
The issue of your country is in war does not considered as a factor if all people thier are subjected to the same risk. Ready about refugee calim and the MOST important is to consult a lawyer before doing that. Invest $200 for one hour consultation with any lawyer you will be not disappointed in the future.
Look around this forum, you can find many people who get trapped by filling refugee.

 

[steve-201]

How come he will get refused if his country in war !!
Canada is a leader of Human Rights and justice .
If i were you i will apply as refugee and whatever happen .

 

[computergeek]

How come he will get refused if his country in war !!
Canada is a leader of Human Rights and justice .
If i were you i will apply as refugee and whatever happen .

I've read dozens of federal court cases about this very topic - refused refugee status by the IRB is a very common reason for appeal, because it requires specific reasons to believe you are subject to risk. Generalized risk (e.g., a state of war) is not typically recognized, unless there is specific personal threat (e.g., if the war involves specific issues, such as religious or racial attacks on specific groups).

Start here - http://www.irb-cisr.gc.ca/Eng/tribunal/rpdspr/Pages/index.aspx

Refugees and Protected Persons (those eligible for refugee protection in Canada):

Who are Convention refugees and persons in need of protection?

Convention refugees are people who have left their home country and have a well-founded fear of persecution based on

race
religion
nationality
political opinion, or
membership in a particular social group

Persons in need of protection are people whose removal to their home country would subject them personally to

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

However, with respect to the risk to life or the risk of cruel and unusual treatment or punishment, there are some limits:

The risk in question must exist throughout the country.
The risk must be personal; it cannot be a risk faced generally by other people in or from the country.
The risk must not come from a lawful punishment or penalty that meets accepted international standards. For example, the risk of being jailed for having committed a crime such as murder.
The risk must not be caused by the country’s inability to provide adequate health or medical care

I'd say the most common reason for rejection is that the risk is not personal. That would apply to war conditions in your home country.

I have to agree that if you really want to claim refugee status, you should consult with an attorney. But if you are already here on a WP, I would suggest that going for an economic immigration application is far more likely to be successful.

Good luck!