European spouse of an asylum seeker

[magyarlany]

hello,

We are a bit lost and we would appreciate any input. If my husband requests a refugee status but I am from an EU country whats the best way for me to join him? We plan to travel together but I am not sure about myself...I read I should keep an independent status if I want to return to my country. I cannot seem to find any info on this. Will I be allowed to stay with him? Thank you!

 

[Buletruck]

You don’t have to claim asylum. He can claim it on his own. Doubtful you would be allowed entry if he claims at an airport as you are an immediate risk of overstaying and not a genuine visitor. Highly likely your eTA would be cancelled and you would be flagged in the system. You won’t be able to stay long term legally. If his claim is successful, expect to be separated about 4-5 years.
Another problem for his claim is your EU citizenship. He may find his claim rejected as he has the opportunity for Permenent residence in the EU through marriage. He may find his claim rejected on the basis he is married to you.

 

[canuck78]

Yes your EU citizenship is major issue for his asylum case because he has other options. Why have you not been sponsoring him to your country?

 

[magyarlany]

Thanks for your input. We have been married and living in Hungary but there are issues due to his job and its better if we leave. No, he would not request asylum at the border, but we would file afterwards. Our case is a bit different unfortunately. Thanks!

 

[live&love]

Thanks for your input. We have been married and living in Hungary but there are issues due to his job and its better if we leave. No, he would not request asylum at the border, but we would file afterwards. Our case is a bit different unfortunately. Thanks!

They will reject his claim 100% if there is nothing that puts his life in danger, sorry but that’s the truth. Job issues and a better place are not considered in the refugee program.

 

[vensak]

Thanks for your input. We have been married and living in Hungary but there are issues due to his job and its better if we leave. No, he would not request asylum at the border, but we would file afterwards. Our case is a bit different unfortunately. Thanks!

You do understand that you can find a work for yourself anywhere within EU and you can still use family reunion clause on your husband. Yes it will be longer before he will get a work permit in other EU country but he will.
Hungary is a very decent place to work and there are lot of job opportunities (of course you might have to move closer to factories that are hiring).
Of course he would have to learn Hungarian in order to manage in a long term there (which is no different from English or French language requirement for Canada).

 

[canuck78]

You should probably get a consultation with an immigration lawyer. It would be much better to sort your situation out in Europe than to try to spend a few years in Canada only to be rejected as a refugee which will likely have lasting negative effects on your ability to travel.