Returning home to visit patients
- Thread starter lantu68
- Start date
All depends on why they are applying for asylum. If they are claiming her life is at risk or the the area is unsafe her visit home will be brought up during the hearing.
The main applicant is the political asylum of the application.
The mother-in-law of the main applicant was not persecuted.
The mother of the main applicant is in the country of nationality.
The wife of the main applicant is also in Canada.
How do the main applicants parents think they will get asylum? The only ones who qualify for asylum is the main applicant plus his spouse and children.
Sorry, I didn’t express it clearly.
Not applying for a mother-in-law.
My mother-in-law is not in Canada, and she is seriously ill in the former country.
Her daughter, the wife of the main applicant, wants to return to her country of nationality to visit her sick mother.
Can the wife of the main applicant return to Canada?
There is a huge risk that your wife’s visitor visa will be cancelled if she leaves the country. It may have been cancelled already. If she leaves Canada she has to be prepared that you could be separated for a few years.
Thank you very much for your reply.
I judge that my wife should not be arrested after returning to her country of nationality, but she is at risk of being restricted from leaving the country.
If my wife does not apply for asylum with me:
1. Her tourist visa will expire and she needs to apply for a tourist visa extension. How long can her tourist visa extend it? Can it be extended to two years? Is this extension application easy to approve?
2. If Her tourist visa cannot be extended and she returns to the country of nationality within the legal period of stay, can she still enter Canada as a tourist?
3. Or, if she goes to Canada after a period of time in a third country, can she also enter Canada as a tourist?
Because my child needs care.
The above description may be blunt through translation, please forgive me.
If you both claim asylum, both of your passports will be seized when you claim and your visa cancelled. If she does not claim with you, her visa will likely be cancelled as well. If she leaves Canada, she won’t be returning for a long time. If you have not been recognized as a refugee in Canada, you won’t have any travel documents to use to travel. You won’t have your passports and you won’t be eligible for an RTD to visit any country until your claim is accepted.
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1. An extension is only good if your wife wants to remain in Canada. If she leaves Canada, her extension is effectively canceled. She needs to apply for a new TRV. It may be quite difficult to get a TRV approved if you have claimed asylum in Canada.
2. See above. She needs a valid TRV to return to Canada. If her TRV is no longer valid (or if IRCC cancels it), she will have to apply for a new TRV.
3. Same as above. She needs a valid TRV to return to Canada.
The short answer is that if she leaves Canada, there is no guarantee she will be able to re-enter. That's the risk she will take by leaving.
This is really a painful question. We have been thinking about this issue for a few days.
Yesterday I consulted an immigration consultant. He gave me a suggestion. This proposal surprised me. Can this really work?
He said that I applied for asylum alone and my wife did not apply for asylum.
After I get my work permit, my child can apply for admission. And I can apply for a study permit for my child. If our child's study permit is approved, my wife can apply for a “Visitor Record” and my wife can use this method to stay in Canada.
I don't know the Visa Record. Is it easy to get approval? Can the above method work?
You still have the same problem. A visitor record doesn't guarantee she will be able to re-enter if she leaves.
If your wife wants to remain in Canada without leaving - there's no issue.
If she wants to leave and be able to re-enter, there's nothing she can get that will guarantee she will be allowed back in. She can still be denied entry to Canada even if she holds a visitor record.
In addition, this immigration consultant mentioned:
After my BOC form was submitted, the court has not yet conducted a hearing. During this time, my wife can return to Canada after returning home.
If the court conducted a hearing and the court declared that the asylum application was rejected, she would not be able to come to Canada after returning home.
If the court conducted a hearing and my asylum application was passed, but before I got the PR, she could not return to the country of nationality during this time.
After I got the PR, my wife can return to Canada after returning home.
Is that so?
I think that once I submit the BOC form, my wife can't return to Canada if she returns home.
No. Your consultant is incorrect. Your wife has no rights of entry into Canada. There is no guarantee she will be allowed back in.
My wife did not apply for asylum.
After I got the PR, my wife cannot return to Canada after returning to China. Really?
If so, it’s really crazy.