already have trv applying for refugee

[newlifeseeker]

hi guys
i am an iranian citizen and i got multiple visa of canada. i traveled last year to toronto with my wife and little girl and stayed for 20 days with my uncle that is a canadian citizen.
now the situation is that in past years i have a big political and religional problem in my country about my job and i got a two year prison for some idiotic reason.
the question is that
1) if i could exit the border and reach to canada with my visa and apply refugee could it any problem for my uncle in canada? i mean could he did an invitation letter or sponsorship for other family in future?
2) how much time after i applyed for refugee i could work legally in canada?
3) if my case was confirmed how much time takes to get my PR card?
4) i have a good real case with court letters and .... did they really cares about this facts or just denied anyway? i am in a bad situation and could not think and decide good.

REGARDING.
thanks for any advise.

 

[scylla]

hi guys
i am an iranian citizen and i got multiple visa of canada. i traveled last year to toronto with my wife and little girl and stayed for 20 days with my uncle that is a canadian citizen.
now the situation is that in past years i have a big political and religional problem in my country about my job and i got a two year prison for some idiotic reason.
the question is that
1) if i could exit the border and reach to canada with my visa and apply refugee could it any problem for my uncle in canada? i mean could he did an invitation letter or sponsorship for other family in future?
2) how much time after i applyed for refugee i could work legally in canada?
3) if my case was confirmed how much time takes to get my PR card?
4) i have a good real case with court letters and .... did they really cares about this facts or just denied anyway? i am in a bad situation and could not think and decide good.

REGARDING.
thanks for any advise.

1) No issues for your uncle.
2) Likely a few months
3) 3+ years
4) I'm not sure I understand this question. Your evidence will be assessed as part of the refugee application process. Whether you will be approved is not guaranteed.

 

[Buletruck]

Just to add, if you are leaving Iran to avoid criminal charges or prison time, that might work against your claim. Keep that in mind.

 

[newlifeseeker]

Just to add, if you are leaving Iran to avoid criminal charges or prison time, that might work against your claim. Keep that in mind.

1) No issues for your uncle.
2) Likely a few months
3) 3+ years
4) I'm not sure I understand this question. Your evidence will be assessed as part of the refugee application process. Whether you will be approved is not guaranteed.

thanks for reply

you mean in less than a year if my case is approved i can get a work permit? what about my wife work permit and my girl school? is it a problem for them? my 7 year old girl could go to school from the first month?

 

[newlifeseeker]

Just to add, if you are leaving Iran to avoid criminal charges or prison time, that might work against your claim. Keep that in mind.

no definitely it isnt a CRIMINAL charge. it is about my religion and job that i do in iran , and im sure that this charge is against human rights.

 

[scylla]

thanks for reply

you mean in less than a year if my case is approved i can get a work permit? what about my wife work permit and my girl school? is it a problem for them? my 7 year old girl could go to school from the first month?

Your case will not be approved in less than a year. Right now it's taking 1.5 - 2 years just to get to the hearing phase. You'll be able to apply for a work permit while you wait.

 

[LifeDreamer]

Are you facing persecution because of your religion or just facing trouble related to your religion. Big difference.

When having pending criminal charges in any country and applying for any visa to Canada, it will only affect the process if there is an equivalent charge in Canada. Based on your short description, you will still be able to travel and apply to Canada in the future despite your conviction and prison sentence.

 

[scylla]

Are you facing persecution because of your religion or just facing trouble related to your religion. Big difference.

When having pending criminal charges in any country and applying for any visa to Canada, it will only affect the process if there is an equivalent charge in Canada. Based on your short description, you will still be able to travel and apply to Canada in the future despite your conviction and prison sentence.

Actually, you raise a good point. Since the OP was convicted, he's currently inadmissible to Canada. While he holds a valid TRV, technically he is not allowed to enter the country. Not sure how that will complicate things.

 

[LifeDreamer]

Actually, you raise a good point. Since the OP was convicted, he's currently inadmissible to Canada. While he holds a valid TRV, technically he is not allowed to enter the country. Not sure how that will complicate things.

Not if the charge is not recognized in Canada. The OP is admissible to Canada even if prosecution is still pending and if already in Canada no extradition will be honored. The obligations from that case are limited only to disclosure on forms or when being asked.

 

[Bryanna]

If he did not declare the conviction + the two years' prison then he has committed misrepresentation.

IMO, he would have found it difficult (if not impossible) to be granted a TRV if he had declared his conviction + his political and religious affiliations. His application would have hinted towards claiming asylum later. I'm guessing he was not truthful when he applied.

His conviction/charges could possibly have a Canadian equivalent. This would have made him inadmissible had he been truthful in his application.

For his TRV application, he should have answered 'Yes' (and provided the details) for Questions 3 (conviction) + Question 5 (member of a political party or other organization which has engaged in or advocated violence as means to achieving a political or religious objective, or which has been associated with criminal activity at any time).... in the Background Information section

 

[captains]

If his life is in real danger and desperate to get a visa to get out of the country then its fair to lie.all he needs is an explanation to IRB.

 

[newlifeseeker]

thank you all guys.
i did not a part of political community or something else in trv requesting time and in the time that i apply for trv there is no any charge or problem about this situation. all this happens about 6 month ago and i did not lie or fraud in the time that i applied , traveled an returned from canada.
i could not tell my story cause did not feel safe here but its about advertising about some illegal religion that is under big pressure in iran and had alot dangerous charges in this years.
my father put about 40000 $ bail to get me out of the costudy until my final court that could charge me at least for 2-3 years prison for something that is anybodys rights in other countries. i did not care about bail and want to exit this country.
in my opinion when you have a legal visa of canada and you are in a danger like this anybody do this and the and IRB should be Understand it.
thanks for advise.

 

[newlifeseeker]

Hey guys my situation gets very hard about my problem,
I am in bad mood and cant decide the best way fir my family, I talked with 2 lawyer one of them said book a flight to canada and seek for asylum, and other said that better way is to go to turkey and sign for unhcr. But as I research the turkey sitation is not good in this year and un passed the works to turkish police, but the lawyer says to follow the rulls and dont bypas the un.
Could you fellas advise me about this situation? With a real issue and asylum case that I have which way is more reasonable to me and my family?
living in canada until my work permit time is more expensive for me but if its safer and reliable than turkey in asylum hearing I prefer that,
Please , any advise could be a big help for me in this days.