Refugee Claim - Parents Visa - PGP

[AliM007]

Hello,

Parents arrived Canada on Supervisa after fleeing home country to neighboring country due to war broke out in their home country. They both have Parent Sponsorship application in processing sine 2021. After the War started they received couple requests to update forms and for pcc for the the PGP application.
Considering their situation and the circumstances that they went through and how this impacting them mentally and the need for attention is it better to apply for refugee status or wait for sponsorship application (considering PGP can take years and the visa expires in less than a year)?

I appreciate if anyone can help. It was very tough to get them out of home country.

Thank you

 

[Buletruck]

Hello,

Parents arrived Canada on Supervisa after fleeing home country to neighboring country due to war broke out in their home country. They both have Parent Sponsorship application in processing sine 2021. After the War started they received couple requests to update forms and for pcc for the the PGP application.
Considering their situation and the circumstances that they went through and how this impacting them mentally and the need for attention is it better to apply for refugee status or wait for sponsorship application (considering PGP can take years and the visa expires in less than a year)?

I appreciate if anyone can help. It was very tough to get them out of home country.

Thank you

just an opinion, but with them having a PGP application in process, you might end up with IRCC assessing a refugee claim as non genuine and a refusal. That would complicate your efforts to sponsor the exponentially (appeals, removal orders, visa cancellation/refusals).....I'd wait. Have you ordered GCMS notes?

 

[scylla]

Hello,

Parents arrived Canada on Supervisa after fleeing home country to neighboring country due to war broke out in their home country. They both have Parent Sponsorship application in processing sine 2021. After the War started they received couple requests to update forms and for pcc for the the PGP application.
Considering their situation and the circumstances that they went through and how this impacting them mentally and the need for attention is it better to apply for refugee status or wait for sponsorship application (considering PGP can take years and the visa expires in less than a year)?

I appreciate if anyone can help. It was very tough to get them out of home country.

Thank you

My two cents is that the refugee claims are a bad idea. A few reasons: Once you lanuch a refugee claim, this triggers a removal order than is then put on hold until the refugee claim is determined. Once this is in place, it's going to be much more difficult to extend their status from within Canada and will become more likely that they will fall out of status. Also, the refugee claim will take far longer to determine than the PGP application that is already two years old. As well, if they file a refugee claim, their passports will be siezed. There are some fairly significant consequences of launching a refugee claim and also the potential of a failed refugee claim. You are likely very close to the end for the PGP applicaiton. I would personally stick with that.

 

[AliM007]

just an opinion, but with them having a PGP application in process, you might end up with IRCC assessing a refugee claim as non genuine and a refusal. That would complicate your efforts to sponsor the exponentially (appeals, removal orders, visa cancellation/refusals).....I'd wait. Have you ordered GCMS notes?

Thank you for your response. No, no GCMS notes was ordered but IRCC response when contacted is that the application is in processing. The situation is known to ircc and there special measures from people impacted by the war. they were at the center and they barely made out after loosing everything since the home town was hit very hard. in all cases they can not return back and the concern is if the visa expired.

 

[AliM007]

My two cents is that the refugee claims are a bad idea. A few reasons: Once you lanuch a refugee claim, this triggers a removal order than is then put on hold until the refugee claim is determined. Once this is in place, it's going to be much more difficult to extend their status from within Canada and will become more likely that they will fall out of status. Also, the refugee claim will take far longer to determine than the PGP application that is already two years old. As well, if they file a refugee claim, their passports will be siezed. There are some fairly significant consequences of launching a refugee claim and also the potential of a failed refugee claim. You are likely very close to the end for the PGP applicaiton. I would personally stick with that.

Thanks I appreciate it.
Once a person applies for refugee they dont need to extend status i.e visa since they are considered refugee claimants am I getting right? also
the removal order comes into effect only if the claim is refused?
I see many people talking about PGP taking 4 years etc. avg time is 22 months on the website. The concern is whenthe passport expire also things will become very complicated. I am not certain about the success rate of refugee claim but considering the situation that they flee war zone, and no place to return to is that good grounds? IRCC is aware of the situation and they put special measures for that. they only started requesting documents after the fact but no guarantees when they will make a decision.

 

[Simba112]

Thanks I appreciate it.
Once a person applies for refugee they dont need to extend status i.e visa since they are considered refugee claimants am I getting right? also
the removal order comes into effect only if the claim is refused?
I see many people talking about PGP taking 4 years etc. avg time is 22 months on the website. The concern is whenthe passport expire also things will become very complicated. I am not certain about the success rate of refugee claim but considering the situation that they flee war zone, and no place to return to is that good grounds? IRCC is aware of the situation and they put special measures for that. they only started requesting documents after the fact but no guarantees when they will make a decision.

Once they apply their refugee claim, their temporary status will be invalidated, and yes removal order will be activated if they fail the claim. Fast forward if that happens, it will be very difficult for them to come back to Canada again. With increasing in refugee claimants now, sitting at almost 126,000 going up, there'll come a time where it will take up to 2-3years to just get hearing, and longer to get PR status. Passport expiry should not determine decision for either option. I know it is different situation, but i would rather go for the PGP than the refugee claim...

 

[canuck78]

Thank you for your response. No, no GCMS notes was ordered but IRCC response when contacted is that the application is in processing. The situation is known to ircc and there special measures from people impacted by the war. they were at the center and they barely made out after loosing everything since the home town was hit very hard. in all cases they can not return back and the concern is if the visa expired.

What country are they from? Many people think applying for asylum is the easiest or fastest way to remain in Canada but you have minimal control over an asylum claim and often takes quite a long time. You have to get approved as a protected person first and then they need to apply for PR which is another 2 years after that at the moment . After claiming asylum your parents will be unable to use their home country passport until they get Canadian citizenship and if they want to travel they will need to use an RTD. Not all countries accept the RTD or they require a visa so that can be problematic for people if they want to visit certain regions. Most Middle Eastern countries do not allow any visitors with RTDs for example. Your parents will also not be able to return to their home country if they claim asylum even for a visit until they are Canadian citizens. Another consequence of your parents claiming asylum is that other family and potentially friends will likely have difficulty getting any form of temporary permit or visa to come to Canada out of concern that they will also claim asylum. Without knowing where they are from it’s hard to know if their whole home country has been affected by war. If it hasn’t they will need to show that there is no safe area in the country where their life is not at risk. I also would not recommend applying for asylum especially since it is unlikely to result in getting PR earlier and has significant drawbacks.

 

[AliM007]

Once they apply their refugee claim, their temporary status will be invalidated, and yes removal order will be activated if they fail the claim. Fast forward if that happens, it will be very difficult for them to come back to Canada again. With increasing in refugee claimants now, sitting at almost 126,000 going up, there'll come a time where it will take up to 2-3years to just get hearing, and longer to get PR status. Passport expiry should not determine decision for either option. I know it is different situation, but i would rather go for the PGP than the refugee claim...

Thank you for taking the time. Does that waiting applies to all claims regardless of the situation? The problem with passport expiry is running out of status since renewal or new passport are not options. It is very spot to be in. In addition to health concern the experience of running away from your hometaking days to reach another country to fly in to Canada. I prefer waiting for the PGP but watching their mental health and how they feel about everything is unbearable.

 

[AliM007]

What country are they from? Many people think applying for asylum is the easiest or fastest way to remain in Canada but you have minimal control over an asylum claim and often takes quite a long time. You have to get approved as a protected person first and then they need to apply for PR which is another 2 years after that at the moment . After claiming asylum your parents will be unable to use their home country passport until they get Canadian citizenship and if they want to travel they will need to use an RTD. Not all countries accept the RTD or they require a visa so that can be problematic for people if they want to visit certain regions. Most Middle Eastern countries do not allow any visitors with RTDs for example. Your parents will also not be able to return to their home country if they claim asylum even for a visit until they are Canadian citizens. Another consequence of your parents claiming asylum is that other family and potentially friends will likely have difficulty getting any form of temporary permit or visa to come to Canada out of concern that they will also claim asylum. Without knowing where they are from it’s hard to know if their whole home country has been affected by war. If it hasn’t they will need to show that there is no safe area in the country where their life is not at risk. I also would not recommend applying for asylum especially since it is unlikely to result in getting PR earlier and has significant drawbacks.

They are from Sudan. There are special measures for the country for people fled after the war broke out.
Even in case they apply and the case failed there is no way that they can go back. I agree with RTD it is difficult especially for some regions like you mentioned. With cases taking 2-3 years just to get a decision it is not clear if there any special measures for refugee claimants from that country. Regarding return it is not possible to return with what's currently going on even for failed claims.

 

[Simba112]

They are from Sudan. There are special measures for the country for people fled after the war broke out.
Even in case they apply and the case failed there is no way that they can go back. I agree with RTD it is difficult especially for some regions like you mentioned. With cases taking 2-3 years just to get a decision it is not clear if there any special measures for refugee claimants from that country. Regarding return it is not possible to return with what's currently going on even for failed claims.

They will need to apply for ARC. Simply, chances to return to Canada after failed refugee claim is practically nil.

 

[AliM007]

They will need to apply for ARC. Simply, chances to return to Canada after failed refugee claim is practically nil.

What is ARC?

 

[Simba112]

What is ARC?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html

 

[scylla]

Thank you for taking the time. Does that waiting applies to all claims regardless of the situation? The problem with passport expiry is running out of status since renewal or new passport are not options. It is very spot to be in. In addition to health concern the experience of running away from your hometaking days to reach another country to fly in to Canada. I prefer waiting for the PGP but watching their mental health and how they feel about everything is unbearable.

You should assume the 2-3 year wait time will apply to them if they apply.

 

[canuck78]

They are from Sudan. There are special measures for the country for people fled after the war broke out.
Even in case they apply and the case failed there is no way that they can go back. I agree with RTD it is difficult especially for some regions like you mentioned. With cases taking 2-3 years just to get a decision it is not clear if there any special measures for refugee claimants from that country. Regarding return it is not possible to return with what's currently going on even for failed claims.

The situation in Sudan is very recent and could potentially change during the processing of their asylum claim. The fact that their home was destroyed does not guarantee asylum. If some form of stability returned to the country they could be expected to return to Sudan and either rebuild or move to another home or region that has not been as affected. Applying for asylum is extremely stressful. Much more stressful than applying for PGP because you have minimal control over the process. You are at the mercy of the member evaluating your claim and you will be required to go into detail about why life was at risk in your home country and then asked to repeat the account while being questioned during the hearing. You also have to change from visitor status to a removal order out on hold when you apply for asylum. Wouldn’t knowing that they have a removal order even if it on hold cause more stress than waiting for PGP processing as a visitor? Given the volume of current asylum claims they could wait from 6 months to 2+ years for a hearing and if approved another 2+ years for PR. Do you have other family members that may want to come to Canada in the future even for a visit? Do your parents have friends or family members who live abroad who they want to visit? Claiming asylum will make all these things more difficult if not impossible. You are extremely lucky to have been selected for PGP. Most would trade places with you and other than completing their medicals (which they would also have to do for asylum) they don’t need to do anything for the PGP application. I assume you qualified to apply in 2020 and have maintained the correct income level for your family size since then. Most are not waiting for 4 years for processing with PGP applications.

 

[AliM007]

The situation in Sudan is very recent and could potentially change during the processing of their asylum claim. The fact that their home was destroyed does not guarantee asylum. If some form of stability returned to the country they could be expected to return to Sudan and either rebuild or move to another home or region that has not been as affected. Applying for asylum is extremely stressful. Much more stressful than applying for PGP because you have minimal control over the process. You are at the mercy of the member evaluating your claim and you will be required to go into detail about why life was at risk in your home country and then asked to repeat the account while being questioned during the hearing. You also have to change from visitor status to a removal order out on hold when you apply for asylum. Wouldn’t knowing that they have a removal order even if it on hold cause more stress than waiting for PGP processing as a visitor? Given the volume of current asylum claims they could wait from 6 months to 2+ years for a hearing and if approved another 2+ years for PR. Do you have other family members that may want to come to Canada in the future even for a visit? Do your parents have friends or family members who live abroad who they want to visit? Claiming asylum will make all these things more difficult if not impossible. You are extremely lucky to have been selected for PGP. Most would trade places with you and other than completing their medicals (which they would also have to do for asylum) they don’t need to do anything for the PGP application. I assume you qualified to apply in 2020 and have maintained the correct income level for your family size since then. Most are not waiting for 4 years for processing with PGP applications.

Thank you very much Canuck78 and Scylla. your input is very valuable to us during this period. We are still waiting for IRCC to make a decision on the PGP as we are approaching the visa as well as passport expiry. Many people from the same country received decisions on Asylum with no hearing in less than 7 months.
At this point we just waiting and keeping ircc informed. As you mentioned and due to the war the entire family scattered in differnt places with including small children and this adds tremendous mental stress to the parents and the family as they can not come to Canada to see them nor the parents can travel to see them with passport expiry and visa restrictions to enter any country at this time.. Fingers crossed and hope is still there..