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Spouse of asylum claimants

lenovo234

Member
Dec 11, 2018
15
2
Hi all,
I need urgent help and advise... I'm outside canada but I have valid TRV to visit canada but I'm afraid to do so because of my wife status as refugee, I visited canada when she gave birth and there was no issues at the point of entry. First daughter is a US citizen and we had the second one in canada few months back, all of them are in Canada.They have not attended any hearing and no date so far. Its difficult for her to handle two toddlers, Can I join them as asylum claimant too? Though I don't want to but she can't do anything as a result of two toddlers. I'd have love to go through all other means e.g express entry and PNP but because of my family status, I can't. Pls advise me.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
You can apply for any form of economic immigration actually. You got very lucky and your visa has not been cancelled. It could be cancelled at any time. If you qualify for express entry why didn't you do that in the first place? If you wee living in the US plus you returned to your home country multiple times it may make it very hard to get asylum. You can visit again but you must verify if your visa is still valid. You would only be in Canada as a visitor and would either have to try an extend after 6 months (if you are given 6 months) or claim asylum yourself.
 
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lenovo234

Member
Dec 11, 2018
15
2
You can apply for any form of economic immigration actually. You got very lucky and your visa has not been cancelled. It could be cancelled at any time. If you qualify for express entry why didn't you do that in the first place? If you wee living in the US plus you returned to your home country multiple times it may make it very hard to get asylum. You can visit again but you must verify if your visa is still valid. You would only be in Canada as a visitor and would either have to try an extend after 6 months (if you are given 6 months) or claim asylum yourself.
Thanks for your response... My best option is to apply for refugee. I’m afraid... I don’t want to be turn down.
 

Buletruck

VIP Member
May 18, 2015
6,666
2,521
So the fact your wife has claimed as a refugee and you have remained in your home country is going to draw a ton of scrutiny on your “claim” for assylum. You aren’t a refugee! You are abusing the program for your own convienience.
 
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lenovo234

Member
Dec 11, 2018
15
2
I’m not living in my country at the moment, She can’t handle the kids all alone. She can’t do anything. It’s winter out there and she is not driving. Pls someone pls help me with best possible options. She is dying slowly.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
If you are working in another country I hope you are paying for your own lawyer and you she is not receiving welfare. I am guessing that you applied for asylum first in the US and had a child there then walked over the irregular border. Claimed asylum here and then another child.
 

lenovo234

Member
Dec 11, 2018
15
2
If you are working in another country I hope you are paying for your own lawyer and you she is not receiving welfare. I am guessing that you applied for asylum first in the US and had a child there then walked over the irregular border. Claimed asylum here and then another child.
No... We paid our bills bro and I have zero balance from medical Centre n OBYGN. I told you I have valid TRV... No illegal crossing or whatsoever. We had misunderstandings but that’s our personal problem and we have reconciled. I just want the best possible solution to relocate to Canada. I was told if I apply for any other program I’d be turned down as a result of my family asylum claim in Canada.
 

lenovo234

Member
Dec 11, 2018
15
2
No... We paid our bills bro and I have zero balance from medical Centre n OBYGN. I told you I have valid TRV... No illegal crossing or whatsoever. We had misunderstandings but that’s our personal problem and we have reconciled. I just want the best possible solution to relocate to Canada. I was told if I apply for any other program I’d be turned down as a result of my family asylum claim in Canada.
I have valid visa to US as well. I have clean record. I need professional legal advise.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Then pay for professional legal advice. Whomever told you the claiming asylum was your best option if you qualify for economic immigration is not knowledgeable. Your chances are much better of approval as an economic immigrant. In general birth tourism is frowned upon by most Canadians and may be an election issue next year. The birth tourism could have resulted in your TRV being refused. If your wife's asylum is denied expect that she will struggle to get a visa to enter Canada again due to the birth tourism. You must be currently employing a lawyer if your wife applied for asylum and you had the money to travel and pay for a birth so wouldn't qualify for legal aid.. Why are you not asking them?
 
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vensak

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Jul 14, 2016
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Ok just to make thing clear.
If your wife is a recognized convention refugee in Canada, then she can apply for PR (also it will take long). And of course she can add all her dependants (that includes both her spouse and children). So your best option in that case would be to get PR that way and come. You can try to enter sooner as a visitor, but be aware that you cannot work in Canada. So you might want to support her working abroad.

If your wife is just refugee claimant (and her case was not decided yet), then the situation might be deferent (depending on the outcome). In that case be aware, that having Canadian child does not help her to stay in Canada.

Your own refugee claim might be seen as weak because of your several recent visits in USA and Canada while working in 3rd country. You would have to prove that you yourself have a life threatening situation in your home country and that happened after those visits (because they would logically ask, why you did not claim last time and also why you do not claim in the country where you work). This is why others are saying that your case might be seen as weak from this perspective.
 

lenovo234

Member
Dec 11, 2018
15
2
Ok just to make thing clear.
If your wife is a recognized convention refugee in Canada, then she can apply for PR (also it will take long). And of course she can add all her dependants (that includes both her spouse and children). So your best option in that case would be to get PR that way and come. You can try to enter sooner as a visitor, but be aware that you cannot work in Canada. So you might want to support her working abroad.

If your wife is just refugee claimant (and her case was not decided yet), then the situation might be deferent (depending on the outcome). In that case be aware, that having Canadian child does not help her to stay in Canada.

Your own refugee claim might be seen as weak because of your several recent visits in USA and Canada while working in 3rd country. You would have to prove that you yourself have a life threatening situation in your home country and that happened after those visits (because they would logically ask, why you did not claim last time and also why you do not claim in the country where you work). This is why others are saying that your case might be seen as weak from this perspective.
Thank you so much for your response, Her case has not been decided yet, her date was postponed till further notice. I appreciate your candid advise.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,864
1,866
Earth
I’m not living in my country at the moment, She can’t handle the kids all alone. She can’t do anything. It’s winter out there and she is not driving. Pls someone pls help me with best possible options. She is dying slowly.
Well this one definitely takes the cake

Just when you think that some of the reasons people are claiming refugee status could not get anymore ridiculous... this one comes along

My mother had 5 kids.. all under 7, father away at work 90% of the time.. she survived
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
I really appreciate your response on my thread... Pls I need to be honest with you my wife’s was threatened and she has valid case for asylum. Is there a way they could add my name under her claim has she has not gone for any hearing or is there any other better option for me to relocate legally. I have checked my visa status online and is valid. I have missed my kids and I don’t think I can be separated with them for such a long period. Pls help me, I don’t want to take the wrong step. It’s non-negotiable I want to be with my family as soon as possible. Waiting for your response Boss

No her claim was already filed and you will weaken her chance at asylum since you have ben working and travelling abroad. Can you survive without an income for many years? You also have to pay for your lawyer. You will have to try and remain in Canada as a visitor and try and extend every 6 months until you get PR. That could be 3ish years. Nobody can guarantee whether you will get extensions. Once you have exhausted all your savings you cut qualify for welfare but that is a very small amount. Although you want to be with your family you also have to figure out whether being with them in person or providing for them financially is better. Given that there is no guarantee your wife will get asylum you may not want to quit your job.
 
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lenovo234

Member
Dec 11, 2018
15
2
I really appreciate your response on my thread... Pls I need to be honest with you my wife’s was threatened and she has valid case for asylum. Is there a way they could add my name under her claim has she has not gone for any hearing or is there any other better option for me to relocate legally. I have checked my visa status online and is valid. I have missed my kids and I don’t think I can be separated with them for such a long period. Pls help me, I don’t want to take the wrong step. It’s non-negotiable I want to be with my family as soon as possible. Waiting for your response Boss

No her claim was already filed and you will weaken her chance at asylum since you have ben working and travelling abroad. Can you survive without an income for many years? You also have to pay for your lawyer. You will have to try and remain in Canada as a visitor and try and extend every 6 months until you get PR. That could be 3ish years. Nobody can guarantee whether you will get extensions. Once you have exhausted all your savings you cut qualify for welfare but that is a very small amount. Although you want to be with your family you also have to figure out whether being with them in person or providing for them financially is better. Given that there is no guarantee your wife will get asylum you may not want to quit your job.
Thanks for quick response... So it’s possible to get renewal every six months for how long?