If you returned home and realized that the situation was bad why didn’t you apply for PGWP. How long has you returned to your home country? Did your girlfriend visit you during that time? These are the type of things that will come up.
Refugee claimant married
- Thread starter Herobajwa
- Start date
If you returned home and realized that the situation was bad why didn’t you apply for PGWP. How long has you returned to your home country? Did your girlfriend visit you during that time? These are the type of things that will come up.
You would be living illegally and could get deported until you and your partner get PR. Withdrawing asylum will initiate a removal order. Unfortunately claiming asylum could cause you problems travelling for years to come as well. Would anticipate that there will be a lot of scrutiny on your marriage based on the timing so the PR process could take longer. I assume you have a private lawyer. If you have taken legal aid you must update your status including the funds of your wife.
Where is the wife located? Most likely she would require a TRV to come to Canada. Unless she already has an approved TRV, she can expect the TRV application will be refused due to the husband's status in Canada.
Either you were wrongly advice or didn't seek advice. Making a claim and withdrawing it, when it's likely to be refused or the outcome is negative at first hearing. With your Master degree in Canada, there are many immigration streams you could have used to stay legally. The only suggestion in my opinion, is that, if your marriage is genuine you can update your refugee file with IRB and make same copy to IRCC. Your legal representative or consultant will guide you on this. If you're lucky, the member (IRB decision-maker) may put your claim under consideration on public policy for sake of a family member or interest of a child, where applicable. However, if your partner isn't a Citizen or PR, just forget it. A marriage to a foreign national on temporary resident status don't really hold weight in your case.
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The fact that you are only a refugee claimant will also be a concern because it is a Ling process to deport a person if they are denied. There are many people who do not receive asylum from Nigeria.
Think you are getting confused. The member can’t transfer an asylum claimant to an H&C case. You have to apply for one yourself. Don’t believe @Herobajwa qualifies at the moment.
I never suggested such. What I meant is that, if the OP made a claim as a single and got married while the claim isn't yet finalize. The file can be updated as married, with child if any from the union, under Canada's humanitarian traditions of the refugee process and practice and not H&C consideration which mostly will be the last resort.
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