File asylum while having study permit

[starboy32]

I came to Canada to study in a graduate program on Sep 2023, It's been 6 months.
I am gay and from a country that being gay is punishable by death. Plus that my family doesn't know I'm gay but if they gonna find out I'll be in big trouble, in my country sometime parents kill their children when they found out he/she is homosexual.

I feel that I have a super strong case (how you evaluate that?). However, I'm not sure about does it worth to file an asylum or not, I mean, what if my case got rejected? I have no choice but leaving Canada, Also I believe I cannot apply like 2 years later if I fail all other permanent residence programs, It would be too late, It's even late a bit now.
In addition, I have following questions:

1. Currently I have an study permit and get paid from university as a teaching assistant and research assistant, what happens to my study permit if I file an asylum? Based on what I read, I guess my study permit will be invalid once I file my asylum, and I cannot apply for study permit until I receive a decision on my asylum case (please correct me if I'm mistaken), so I guess I cannot work as teaching assistant or research assistant If I file asylum. Am I correct? More importantly, I guess I cannot resume my studies once I file asylum until I receive a decision on asylum case. Is it true?
2. I filled all forms related to my student visa application on my own and didn't get any help from a lawyer, do I need a lawyer to file an asylum case or I can fill all forms by myself same as my previous student visa application? I'm asking this because I cannot pay much for lawyer, I've heard about legal aid but I don't know how can I find a lawyer who accept legal aid, I've talked with several lawyers and they said they don't accept legal aid.
3. It's been 6 months since I'm here, how much this can impact my asylum case?

 

[inaya.i]

I came to Canada to study in a graduate program on Sep 2023, It's been 6 months.
I am gay and from a country that being gay is punishable by death. Plus that my family doesn't know I'm gay but if they gonna find out I'll be in big trouble, in my country sometime parents kill their children when they found out he/she is homosexual.

I feel that I have a super strong case (how you evaluate that?). However, I'm not sure about does it worth to file an asylum or not, I mean, what if my case got rejected? I have no choice but leaving Canada, Also I believe I cannot apply like 2 years later if I fail all other permanent residence programs, It would be too late, It's even late a bit now.
In addition, I have following questions:

1. Currently I have an study permit and get paid from university as a teaching assistant and research assistant, what happens to my study permit if I file an asylum? Based on what I read, I guess my study permit will be invalid once I file my asylum, and I cannot apply for study permit until I receive a decision on my asylum case (please correct me if I'm mistaken), so I guess I cannot work as teaching assistant or research assistant If I file asylum. Am I correct? More importantly, I guess I cannot resume my studies once I file asylum until I receive a decision on asylum case. Is it true?
2. I filled all forms related to my student visa application on my own and didn't get any help from a lawyer, do I need a lawyer to file an asylum case or I can fill all forms by myself same as my previous student visa application? I'm asking this because I cannot pay much for lawyer, I've heard about legal aid but I don't know how can I find a lawyer who accept legal aid, I've talked with several lawyers and they said they don't accept legal aid.
3. It's been 6 months since I'm here, how much this can impact my asylum case?

If you want to claim asylum, you will have to risk a lot of things. Most importantly the fact that you can be rejected, your appeal can be rejected and you probably will have trouble getting a visa to re-enter canada. BUT, theres also a chance that you can be approved, granted protected person status and you can remain in the country, get your PR and later citizenship.

Yes you need to have a strong case + proof

Yes your student status becomes invalid, you can still get a study permit and study on refugee claimaint status though but not on a student visa im guessing. You can work on open wok permit full time and study full time as well. A lot of universities charge domestic tuition from refugee claimaints or those with a valid work permit so you can show them the WP to get discounted tuition.

You can get a lawyer for free from the govt. Or you can pay and have a private one. For legal aid lawyer, you will have to call a bunch of numbers. If you still have issue, DM me and i'll send you contact of my legal aid lawyer. Honestly, I feel like my case was pretty strong and I only met my lawyer three times and still got approved. There are people who get approved without a lawyer. However, having one can help you for sure.

One question they will definitely ask you and might cause some issue, and its that why didnt you apply right after coming here and why did you wait 6 months. So be prepared to have a valid and reasonable answer for this for your basis of claim form and hearing.

 

[canuck78]

If you want to claim asylum, you will have to risk a lot of things. Most importantly the fact that you can be rejected, your appeal can be rejected and you probably will have trouble getting a visa to re-enter canada. BUT, theres also a chance that you can be approved, granted protected person status and you can remain in the country, get your PR and later citizenship.

Yes you need to have a strong case + proof

Yes your student status becomes invalid, you can still get a study permit and study on refugee claimaint status though but not on a student visa im guessing. You can work on open wok permit full time and study full time as well. A lot of universities charge domestic tuition from refugee claimaints or those with a valid work permit so you can show them the WP to get discounted tuition.

You can get a lawyer for free from the govt. Or you can pay and have a private one. For legal aid lawyer, you will have to call a bunch of numbers. If you still have issue, DM me and i'll send you contact of my legal aid lawyer. Honestly, I feel like my case was pretty strong and I only met my lawyer three times and still got approved. There are people who get approved without a lawyer. However, having one can help you for sure.

One question they will definitely ask you and might cause some issue, and its that why didnt you apply right after coming here and why did you wait 6 months. So be prepared to have a valid and reasonable answer for this for your basis of claim form and hearing.

Most universities require international fees for asylum claimant. They often charge domestic fees for protected people. Legal aid is not guaranteed it is always based on proof of funds. Given the fact that a student would have had to show they had funds to study that could be used to show that a person has the funds to pay for their own lawyer.

 

[canuck78]

I came to Canada to study in a graduate program on Sep 2023, It's been 6 months.
I am gay and from a country that being gay is punishable by death. Plus that my family doesn't know I'm gay but if they gonna find out I'll be in big trouble, in my country sometime parents kill their children when they found out he/she is homosexual.

I feel that I have a super strong case (how you evaluate that?). However, I'm not sure about does it worth to file an asylum or not, I mean, what if my case got rejected? I have no choice but leaving Canada, Also I believe I cannot apply like 2 years later if I fail all other permanent residence programs, It would be too late, It's even late a bit now.
In addition, I have following questions:

1. Currently I have an study permit and get paid from university as a teaching assistant and research assistant, what happens to my study permit if I file an asylum? Based on what I read, I guess my study permit will be invalid once I file my asylum, and I cannot apply for study permit until I receive a decision on my asylum case (please correct me if I'm mistaken), so I guess I cannot work as teaching assistant or research assistant If I file asylum. Am I correct? More importantly, I guess I cannot resume my studies once I file asylum until I receive a decision on asylum case. Is it true?
2. I filled all forms related to my student visa application on my own and didn't get any help from a lawyer, do I need a lawyer to file an asylum case or I can fill all forms by myself same as my previous student visa application? I'm asking this because I cannot pay much for lawyer, I've heard about legal aid but I don't know how can I find a lawyer who accept legal aid, I've talked with several lawyers and they said they don't accept legal aid.
3. It's been 6 months since I'm here, how much this can impact my asylum case?

If you file asylum you will need to stop studying until you are able to apply for a new study permit. That will likely mean taking a break from your studies, your teaching position and research job. Whether you will be able to return to these will be up to the school and supervisor. It can take quite a while to process a WP and study permit so that should be a consideration. You are either doing a masters or PhD. You have significantly more control over your life as a student versus an asylum claim. There are longterm consequences of claiming asylum even if approved like making it difficult for family to visit or get temporary permits to Canada or to other counties that share immigration information with Canada. If denied it has significantly more consequences. Is there a reason you are considering applying for asylum as a student. Many students seem to be applying for asylum because they think it will be an easier or faster way to secure PR and discover that the road is much more difficult and longer than they imagined. Given that you have good jobs attached to your studies that you will lose which most students do not have you need to assess your situation much more carefully and discuss with your school and supervisor whether you will be able to rejoin your program and get your jobs back when you are able to get a WP and study permit which may take multiple months and up to a year in some cases.

 

[inaya.i]

Most universities require international fees for asylum claimant. They often charge domestic fees for protected people. Legal aid is not guaranteed it is always based on proof of funds. Given the fact that a student would have had to show they had funds to study that could be used to show that a person has the funds to pay for their own lawyer.

I dont know where you're getting your information from.

But for the person who made this thread: I became a protected person in October 2023. I started school at Queen's University in May 2023. Never have I ever paid international fee as a refugee claimaint. I just showed them my work permit and it was all good. Please look into "international tuition exemption" policy.

 

[inaya.i]

If you file asylum you will need to stop studying until you are able to apply for a new study permit. That will likely mean taking a break from your studies, your teaching position and research job. Whether you will be able to return to these will be up to the school and supervisor. It can take quite a while to process a WP and study permit so that should be a consideration. You are either doing a masters or PhD. You have significantly more control over your life as a student versus an asylum claim. There are longterm consequences of claiming asylum even if approved like making it difficult for family to visit or get temporary permits to Canada or to other counties that share immigration information with Canada. If denied it has significantly more consequences. Is there a reason you are considering applying for asylum as a student. Many students seem to be applying for asylum because they think it will be an easier or faster way to secure PR and discover that the road is much more difficult and longer than they imagined. Given that you have good jobs attached to your studies that you will lose which most students do not have you need to assess your situation much more carefully and discuss with your school and supervisor whether you will be able to rejoin your program and get your jobs back when you are able to get a WP and study permit which may take multiple months and up to a year in some cases.

Omg what are you even saying? I applied for both work permit and study permit as a claimaint last year and received both documents in 2 months. Please dont have people lose hope just because you dont know what you're talking about.

"You have significantly more control over your life as a student versus an asylum claim" Did you not read what the person said? They are from the lgbtq+ community and most likely face life threats if they return to their country. Not everyone lies to get PR, some people actually have real issues and need to run away from their countries to seek protection. You on the other hand seem like you just want PR and passport. Let the person get the help and protection they deserve, and with all that, let them get the education they clealry have easy access to as a claimaint as well as a protected person.

 

[YVR123]

Plus IRCC is seeing a trend of students claiming asylum. So make sure you have a strong case before you apply as suggested by inaya.i
It's on the news on how many more cases (triples) in the last four years.

 

[Simba112]

If you file asylum you will need to stop studying until you are able to apply for a new study permit. That will likely mean taking a break from your studies, your teaching position and research job. Whether you will be able to return to these will be up to the school and supervisor. It can take quite a while to process a WP and study permit so that should be a consideration. You are either doing a masters or PhD. You have significantly more control over your life as a student versus an asylum claim. There are longterm consequences of claiming asylum even if approved like making it difficult for family to visit or get temporary permits to Canada or to other counties that share immigration information with Canada. If denied it has significantly more consequences. Is there a reason you are considering applying for asylum as a student. Many students seem to be applying for asylum because they think it will be an easier or faster way to secure PR and discover that the road is much more difficult and longer than they imagined. Given that you have good jobs attached to your studies that you will lose which most students do not have you need to assess your situation much more carefully and discuss with your school and supervisor whether you will be able to rejoin your program and get your jobs back when you are able to get a WP and study permit which may take multiple months and up to a year in some cases.

All other valid temporary residents will not be invalidated. In fact he can continue to study while there's another duplicate application as refugee claimant. Simply he doesn't need new study permit. The only issue here is, there's a question added on refugee online portal that is asking if you applied more than 90days after your arrival, less than 90days after your arrival and why you did not apply at the airport/point of entry. Based on this question, scrutiny starts from there. Another concern is, poster just said he is gay, that is not enough and there's has been deportation cases for failed refugee claims, lgbt as the reason. It doesnt mean there is automatic approval for gay claimant as long as COO has death penalty. Lastly, there is trend of students applying for asylum after inflating proof of fund to obtain visa, they already know that.

 

[starboy32]

Hi all,

Thanks you all for your responses, today I talked to a lawyer and he evaluated my case, he said that filing asylum won't conflict with my current study permit until the decision notice come out.
However, he said exactly what you all said, he said I've been here for 6 months and it will cause some issues, he said my case had much more chances if I would have been filed asylum immediately after my arrival, but now, they will ask "why did you applied after 6 months".

On the other hand, he asked me whether I had any photos with my partner in public that proves I'm gay, unfortunately I don't have any photos with my partner in public, because I was living in a super religious country, I had photos and videos of my s3xual intercourse with males but he said they cannot presented as a proof to the court.

He said it doesn't mean that my case would be rejected, but chances of winning is about 60% and chances of rejection is about 40%. That's a huge number! I cannot take such a huge risk.

 

[inaya.i]

Hi all,

Thanks you all for your responses, today I talked to a lawyer and he evaluated my case, he said that filing asylum won't conflict with my current study permit until the decision notice come out.
However, he said exactly what you all said, he said I've been here for 6 months and it will cause some issues, he said my case had much more chances if I would have been filed asylum immediately after my arrival, but now, they will ask "why did you applied after 6 months".

On the other hand, he asked me whether I had any photos with my partner in public that proves I'm gay, unfortunately I don't have any photos with my partner in public, because I was living in a super religious country, I had photos and videos of my s3xual intercourse with males but he said they cannot presented as a proof to the court.

He said it doesn't mean that my case would be rejected, but chances of winning is about 60% and chances of rejection is about 40%. That's a huge number! I cannot take such a huge risk.

I also filed based on my sexuality. I had no photos and no texts. I just had letters from two LGBTQ+ organizations in canada who supported my claim and wrote in the letter that i am their member and they verify me as a member of the community and they requested the govt to grant me permission to stay in canada as a protected person. Make sure you get at least one letter from a local organization + go attend pride march and take a couple photos. You cant really prove sexuality any other way, you can just say it. But you will need to prove threat back home. Get a medical certificate showing injuries, or news articles or threat letters/messages or anything that proves you cant be safe back home. Good luck

 

[ref19to22]

I also applied as a claimant in 2019 with very few photos, also lgbtqia+, also from a very religious country. i had a trv and filed 2 months after arriving. consulting lawyers, mental health, the situation back home right before you came etc. are valid reasons for the delay. inaya.i is right to say you should be involved with get support from lgbtqia+ organizatins and community in Canada and have them provide support letters. i also got support letter from my friends who have known me for a long time etc. got approval within 30mins of my hearing. good luck!

 

[inaya.i]

I also applied as a claimant in 2019 with very few photos, also lgbtqia+, also from a very religious country. i had a trv and filed 2 months after arriving. consulting lawyers, mental health, the situation back home right before you came etc. are valid reasons for the delay. inaya.i is right to say you should be involved with get support from lgbtqia+ organizatins and community in Canada and have them provide support letters. i also got support letter from my friends who have known me for a long time etc. got approval within 30mins of my hearing. good luck!

same! my board member made their decision within the first 30-40 mins

 

[canuck78]

All other valid temporary residents will not be invalidated. In fact he can continue to study while there's another duplicate application as refugee claimant. Simply he doesn't need new study permit. The only issue here is, there's a question added on refugee online portal that is asking if you applied more than 90days after your arrival, less than 90days after your arrival and why you did not apply at the airport/point of entry. Based on this question, scrutiny starts from there. Another concern is, poster just said he is gay, that is not enough and there's has been deportation cases for failed refugee claims, lgbt as the reason. It doesnt mean there is automatic approval for gay claimant as long as COO has death penalty. Lastly, there is trend of students applying for asylum after inflating proof of fund to obtain visa, they already know that.

The fact they the student received a student permit with funding and research position could be impacted by their asylum claim. They should be communicating with their school and program about what impacts impacts of them claiming asylum. Most applying for asylum do not already have research jobs and teaching positions.

 

[canuck78]

I also filed based on my sexuality. I had no photos and no texts. I just had letters from two LGBTQ+ organizations in canada who supported my claim and wrote in the letter that i am their member and they verify me as a member of the community and they requested the govt to grant me permission to stay in canada as a protected person. Make sure you get at least one letter from a local organization + go attend pride march and take a couple photos. You cant really prove sexuality any other way, you can just say it. But you will need to prove threat back home. Get a medical certificate showing injuries, or news articles or threat letters/messages or anything that proves you cant be safe back home. Good luck

A letter of support from a local LGBTQIA+ only goes so far. It doesn’t replace personal proof that you are part of the LGBTQIA+ population. In this case OP also has other options to remain in Canada given their advanced schooling. They need to evaluate whether it makes sense to risk applying for asylum even if they have a good chance of being approved or finish their studies and work towards PR that way.

 

[starboy32]

Ok, there is a fact that I've been here 6 months and it may be too late, However, when I came here, after 1 month I met my first boyfriend here and we've been together for 2 months, I asked him and he told me he can write a letter confirming he was my bf or even give testimony in hearing, on the other hand, I went to an LGBTQ+ sexual health clinic since my 3rd month in Canada, I don't know but I can ask them to provide a letter in that regards, I also have 2 photos with my partner back home.
I don't know how these can help my case but yeah I already weakened my case by applying too late, also I will risk a lot of things. I guess I cannot take this risk and I will continue my studies, even though I believe it's my right to get protected but it is what it is.
The asylum process is quite uncertain and I have more control on my future as a student rather than an asylum.