+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
Dec 10, 2018
10
0
Hi!!

I am from India and my husband in Canada from last 1 year on visitor visa but last month he applied for refugee. I already have Visitor Visa for Canada.

Now, I want to know that if i will come to Canada then Will i have to face any immigration problem? Will they ask me about my husband? Will they allow me to enter Canada?

Please help..

Thanks &Regards
 
They will question your husband about why he didn’t claim refugee when he first arrived in Canada.

Make sure your visitor visa is not cancelled because it could be.
 
Do you actually have grounds for asylum or did he file because he thought it was his only option to stay in Canada after he didn't get an WP. Does he have proof that his life is at risk? That you have moved to other areas of India to escape the danger? Do you have proof like hospital records or police records that his life was at risk?
 
Do you actually have grounds for asylum or did he file because he thought it was his only option to stay in Canada after he didn't get an WP. Does he have proof that his life is at risk? That you have moved to other areas of India to escape the danger? Do you have proof like hospital records or police records that his life was at risk?

Actually, I am not aware from all this. My Husband said that his lawyer will take care all of these things.

Now, i want to come to Canada within this month only, please advise about my immigration..
 
If you are not aware that your husband's life is at risk this is clearly a false asylum claim and anticipate that the claim will be refused. If/when it will be refused anticipate you will have to leave Canada and you will have difficulty ever travelling to other countries. I am not sure where your husband found his lawyer but he is not being given good advice.
 
Actually, I am not aware from all this. My Husband said that his lawyer will take care all of these things.

Now, i want to come to Canada within this month only, please advise about my immigration..
Your husband's IRCC application history will show the previous refusals, his overstay, etc. His asylum claim will be seen as a last, desperate attempt to stay.

It will be almost impossible for him to prove he has a genuine asylum case for a number of reasons: He is from India (a safe country, he can live in any part of India.... I'm guessing you're from Punjab/Haryana), he has been in Canada since more than a year but did not seek asylum earlier. More importantly, what would be the basis of his asylum claim? His lawyer cannot 'create' this basis of claim.

In the best interests of your future:
You would not want to travel to Canada under the present circumstances (your TRV has most probably been cancelled). It would be wise not to try this asylum route as it can end your chances of getting visas to most other countries in the future
 
My husband applied for refugee on 28/Nov/2018 after that he had his interview on 04/Dec/2018 and got Refugee Protection Claimant Document after surrendered his passport on the same day. Also, his medical has done on 21/Dec/2018 for Work Permit.
How much time will take for work permit?
Is my husband's file got approved or waiting?
When it will be clear that his file get accept?
What is the mean of "Refugee Protection Claimant Document".?
Can we check online status of refugee file?
Actually, we are not aware from refugee process, please tell me what next?
Please help...
 
Last edited:
My husband applied for refugee on 28/Nov/2018 after that he had his interview on 04/Dec/2018 and got Refugee Protection Claimant Document after surrendered his passport on the same day. Also, his medical has done on 21/Dec/2018 for Work Permit.
How much time will take for work permit?
Is my husband's file got approved or waiting?
When it will be clear that his file get accept?
What is the mean of "Refugee Protection Claimant Document".?
Can we check online status of refugee file?
Actually, we are not aware from refugee process, please tell me what next?
Please help...
1- if the work permit was sent by mail it will take up to 4 months if online approximately 6 weeks
2-his case was just refers to the Irb which gonna take at least a year for a hearing to decide if approved or not then he can apply for a permenant resident status which will take another 2 years
3-as I said once he have a hearing the judge can decide if he is approved or not
4- he can know at the hearing or after it cause the judge may tell him at hearing day or send him a letter 4-6 weeks later
5- this document means than he is temporary resident under protection he may be approved or removed any time and it has 2 years limit he cannot renew it though he can use it as an official document BUT cannot travel with it
6- no there is no online service to check your status but you can call the Irb to check you hearing day
Best of luck
 
Hello

Actually, I'm looking for some help here.

I got married back in Nov 2015, and had visited to Canada in Dec 2017 with my Husband. I came back in Jan-2018 but my husband decided to stay there and try for LMIA. After, he applied for Extension on June 2018 and got visa extension till Nov 2018. He also got CLASS-1 Truck Driver License from Winnipeg in July 2017 but did not get any work permit. After Nov 2018 he did not apply for extension again. However later ,due to some unfortunate events, he had to apply for refugee protection in Dec 2018. He filed his refugee claimant application through a lawyer and that lawyer is not good. He is just anxious to eat money and didn't tell the right way.

It has come to my knowledge that the whole process could take 4-5 years. This has adversely affected our relation and there are chances of marriage breakdown. I am still stuck here. The situation is even worst and frustrating. I am no longer in contact with my husband properly. I really need to go to Canada. I actually want to visit him ! that's it. Just so we could resolve our issues. I want to know what made him think about divorce thing. I am so screwed up ! my marriage is ending just because we couldn't meet each other and he is stuck there for next 4-5 years and CIC taken his passport.

I want to get to Canada immediately to save my marriage. I already have Visitor Visa for Canada. Now, I want to know that if i will come to Canada then Will i have to face any immigration problem? Will they ask me about my husband? Will they allow me to enter Canada?
I am confused about what would be the easiest way to clear the immigration.

Please advise...
 
Your visa might be cancelled by now due to your husband’s refugee claim, so if you try to fly to Canada, they’ll stop you right away.

Your husband won’t be able to visit his home country unless he wants to give up his refugee claim. He will also have to proof that those “unfortunate events” happened after Nov. 2018 or otherwise he will have a very weak claim.

Refugee claim process will be as follows:

- Waiting 12-24 months until he gets a hearing date
- on that hearing, a judge will decide if his claim is accepted or not.

If accepted:
He can then apply for a permanent residency which will take another two years (he can add you as a dependent & any of your children to join him in Canada then)

If rejected:
The process of his removal from Canada will start unless he appeals the decision within 15 days.
 
Hello

Actually, I'm looking for some help here.

I got married back in Nov 2015, and had visited to Canada in Dec 2017 with my Husband. I came back in Jan-2018 but my husband decided to stay there and try for LMIA. After, he applied for Extension on June 2018 and got visa extension till Nov 2018. He also got CLASS-1 Truck Driver License from Winnipeg in July 2017 but did not get any work permit. After Nov 2018 he did not apply for extension again. However later ,due to some unfortunate events, he had to apply for refugee protection in Dec 2018. He filed his refugee claimant application through a lawyer and that lawyer is not good. He is just anxious to eat money and didn't tell the right way.

It has come to my knowledge that the whole process could take 4-5 years. This has adversely affected our relation and there are chances of marriage breakdown. I am still stuck here. The situation is even worst and frustrating. I am no longer in contact with my husband properly. I really need to go to Canada. I actually want to visit him ! that's it. Just so we could resolve our issues. I want to know what made him think about divorce thing. I am so screwed up ! my marriage is ending just because we couldn't meet each other and he is stuck there for next 4-5 years and CIC taken his passport.

I want to get to Canada immediately to save my marriage. I already have Visitor Visa for Canada. Now, I want to know that if i will come to Canada then Will i have to face any immigration problem? Will they ask me about my husband? Will they allow me to enter Canada?
I am confused about what would be the easiest way to clear the immigration.

Please advise...
You're in an unfortunate situation. Your TRV has most probably been canceled.

The lawyer has mislead your husband. Based on your posts, it seems your husband does not have any basis to claim asylum. This last attempt to stay in Canada will be seen as just that.... to stay by any which means. Sooner or later his claim is likely to fail and he will be ordered to leave. Hope his lawyer has not submitted fraudulent documents for this asylum claim.

In hindsight: Your husband should have researched the implications, timelines and consequences of this asylum claim. It is common knowledge that asylum claimants are separated from their families for years at a stretch. Based on that knowledge, he should have waited until you arrived in Canada before claiming asylum.

He can still save your marriage by returning to India. It is his decision, of course.

Whatever you do, don't make an claim asylum for yourself especially if you do not have any evidence/grounds for this asylum claim.

Another alternative: Do check to see if you qualify to immigrate to Canada through any of the economic paths (EE/ PNP). You may be able to save your marriage if you can immigrate this way


Stay strong and don't lose hope :)
 
  • Like
Reactions: live&love