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Borders for people who have relatives in Canada

IbmBatuta

Member
Sep 2, 2019
15
1
Hi,
Given the covid-19 situation, are borders closed for someone who who has a first degree relative in Canada, and needs to apply for asylum?

Thank you in advance.
 

IbmBatuta

Member
Sep 2, 2019
15
1
You have a pending asylum case in the US so you won’t Qualify for asylum in Canada.
Thanks, but my understanding, and please correct me if I am wrong, is that there are exceptions.. specially since the anti refugee US government too over,
 

jddd

Champion Member
Oct 1, 2017
1,517
565
Thanks, but my understanding, and please correct me if I am wrong, is that there are exceptions.. specially since the anti refugee US government too over,
There are no exceptions.


When is someone ineligible?
You could be ineligible to make a refugee claim in Canada if:

  • you have refugee status in another country
  • you arrived from the United States by land, and none of the exceptions apply to you
  • you have been convicted of a serious crime
  • on security grounds, or because of criminal activity or human rights violations
  • you were found ineligible to make a claim in the past
  • you made a refugee claim that was rejected in the past
  • you abandoned or withdrew a refugee claim in the past
  • you have a removal order from Canada
 

IbmBatuta

Member
Sep 2, 2019
15
1
There are no exceptions.


When is someone ineligible?
You could be ineligible to make a refugee claim in Canada if:

  • you have refugee status in another country
  • you arrived from the United States by land, and none of the exceptions apply to you
  • you have been convicted of a serious crime
  • on security grounds, or because of criminal activity or human rights violations
  • you were found ineligible to make a claim in the past
  • you made a refugee claim that was rejected in the past
  • you abandoned or withdrew a refugee claim in the past
  • you have a removal order from Canada
Thanks for bearing with me. What about this link: https://ccrweb.ca/sites/ccrweb.ca/files/static-files/documents/noticeclaimants.htm

It lists 2 exceptions (3rd is crossed), specifically having a Canadian citizen or PR holder.
 

Miraclejj

Hero Member
Mar 10, 2017
981
373
Thanks for bearing with me. What about this link: https://ccrweb.ca/sites/ccrweb.ca/files/static-files/documents/noticeclaimants.htm

It lists 2 exceptions (3rd is crossed), specifically having a Canadian citizen or PR holder.
What JDDD posted is directly copied from official Canadian Government website. And some of the conditions are added in recently, such as you abandoned or withdrew a refugee claim in the past.

So, it is true that if you have already filed a refugee claim in USA, you are ineligible to file another one in Canada.
 

IbmBatuta

Member
Sep 2, 2019
15
1
I take it that we are stuck with an unsympathetic government from one side, and nonsensical law on the other...
Thanks for the replies everyone.
 

scylla

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Jun 8, 2010
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I take it that we are stuck with an unsympathetic government from one side, and nonsensical law on the other...
Thanks for the replies everyone.
If moving to Canada is a priority, you certainly still have the option to apply for Canadian permanent residency through an economic immigration stream like Express Entry or through a PNP stream.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/works.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees/works.html

Also, for what it's worth, Canada's refugee program isn't a fast path to residency. You'd likely be looking at 3 years before you had a decision in your case and would know if you'd be allowed to stay or forced to leave and return to your home country.
 

IbmBatuta

Member
Sep 2, 2019
15
1
If moving to Canada is a priority, you certainly still have the option to apply for Canadian permanent residency through an economic immigration stream like Express Entry or through a PNP stream.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/works.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees/works.html

Also, for what it's worth, Canada's refugee program isn't a fast path to residency. You'd likely be looking at 3 years before you had a decision in your case and would know if you'd be allowed to stay or forced to leave and return to your home country.
Thanks. It is a priority.. e years is nothing compared to what we have been through here. We have a pending case in the US since 2014.
Unfortunately, it is close to impossible to get the threshold because of my age. We scored 334 points, despite my qualifications and years of experience. It is also almost impossible to get a job offer from a Canadian employer given LMIA requirements, which technically excludes us from all PNP programs that require having a job offer.
 

scylla

VIP Member
Jun 8, 2010
92,915
20,531
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks. It is a priority.. e years is nothing compared to what we have been through here. We have a pending case in the US since 2014.
Unfortunately, it is close to impossible to get the threshold because of my age. We scored 334 points, despite my qualifications and years of experience. It is also almost impossible to get a job offer from a Canadian employer given LMIA requirements, which technically excludes us from all PNP programs that require having a job offer.
Yes - unfortunately it's very difficult to secure an LMIA supported job offer. Although some are certainly successful. Note that not all the provincial programs require a job offer.

Your score is quite low. Have both you and your spouse maxed out your language scores? Have you calculated your scores with each of you as the primary applicant? Perhaps considered learning French to get additional points? Maybe there's an opportunity for one of you to complete an advanced degree?
 

IbmBatuta

Member
Sep 2, 2019
15
1
Yes - unfortunately it's very difficult to secure an LMIA supported job offer. Although some are certainly successful. Note that not all the provincial programs require a job offer.

Your score is quite low. Have both you and your spouse maxed out your language scores? Have you calculated your scores with each of you as the primary applicant? Perhaps considered learning French to get additional points? Maybe there's an opportunity for one of you to complete an advanced degree?
My spouse's english is not that great, and we could not get her diploma from the home country, which contributed to the low score. Learning French will take some time so, more points for language, but less to none for for age.

Having said that, we did hypothetical math... At best, we are in the rage of 380-400 rage. Once you hit 40s, that's it, you are doomed!

I also considered things like entrepreneur visa.. but because of our pending case, we won't be able to demo the idea, and most probably we won't get the visa... Because refugees and asylum applicants are yuki.

Any ideas are really appreciated..
 

scylla

VIP Member
Jun 8, 2010
92,915
20,531
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My spouse's english is not that great, and we could not get her diploma from the home country, which contributed to the low score. Learning French will take some time so, more points for language, but less to none for for age.

Having said that, we did hypothetical math... At best, we are in the rage of 380-400 rage. Once you hit 40s, that's it, you are doomed!

I also considered things like entrepreneur visa.. but because of our pending case, we won't be able to demo the idea, and most probably we won't get the visa... Because refugees and asylum applicants are yuki.

Any ideas are really appreciated..
It's harder but quite possible to get PR after 40. Plenty here have done it with hard work.

If you can get your score to 400, then PNP becomes a bigger possibility.

I would have your spouse focus on improving their English language abilities and see if it's possible to get that diploma. This really isn't doing you any favours in terms of your score. It's a shame your spouse didn't focus on improving English language abilities when you first arrived in the U.S. However you can get that time back, so make it a focus now.

Good luck.