Canadian citizen marrying a refugee claimant

[daninr]

Hi all,

I’m a Canadian citizen and my partner is here on refugee claimant status. She was originally here on a study permit, and applied for refugee status after she was outed to her parents in India. We are getting married in August, and she just received her hearing date for December.

What happens after we get married? Can I sponsor her for permanent residence as my spouse, and if so will she be free to withdraw her claim? I’m afraid that she will lose her hearing now that homosexuality is legal in India, and will be removed from Canada.

 

[Simba112]

Hi all,

I’m a Canadian citizen and my partner is here on refugee claimant status. She was originally here on a study permit, and applied for refugee status after she was outed to her parents in India. We are getting married in August, and she just received her hearing date for December.

What happens after we get married? Can I sponsor her for permanent residence as my spouse, and if so will she be free to withdraw her claim? I’m afraid that she will lose her hearing now that homosexuality is legal in India, and will be removed from Canada.

You can sponsor her. there might be some scrutiny but have all documents to support. She shouldnt withdraw her refugee claim before she is approved PR under spousal sponsorship, withdrawing before will activate removal order.

 

[daninr]

You can sponsor her. there might be some scrutiny but have all documents to support. She shouldnt withdraw her refugee claim before she is approved PR under spousal sponsorship, withdrawing before will activate removal order.

What happens if she loses her hearing before her PR is approved? Will she have to go back to India?

 

[Simba112]

What happens if she loses her hearing before her PR is approved? Will she have to go back to India?

She can appeal decision…

 

[canuck78]

Hi all,

I’m a Canadian citizen and my partner is here on refugee claimant status. She was originally here on a study permit, and applied for refugee status after she was outed to her parents in India. We are getting married in August, and she just received her hearing date for December.

What happens after we get married? Can I sponsor her for permanent residence as my spouse, and if so will she be free to withdraw her claim? I’m afraid that she will lose her hearing now that homosexuality is legal in India, and will be removed from Canada.

Did she actually study before claiming asylum? How long have you been together? Do you live together now and for how long? These are the types of things that will determine how much scrutiny you will face when it comes to sponsorship. If she does get protected person status there will be less scrutiny but it isn’t a deal breaker if she is denied.