failed refugee claim, need advice

[sugarcake30]

Hello,
I came to Canada 11yrs ago as a visitor at the age of 18. I overstayed and found work as a nanny and house cleaner, I attended night school, then university. I obtained a bachelor of science nursing in 2010. In 2010 I filed a refugee claim it was obvioulsy denied in june 2011( I waited too long to do it etc), i applied for leave to appeal july 2011 no answer as yet. I've been doing monthly sign-ins since last sept, I also made an H&C application last sept it's presently at the Vancouver office in process. Here is my situation, I presently work full time as a registered nurse at a local TO hospital almost 2yrs, I consider myself to be established here, however i'm wondering if I stand a better chance leaving and then applying as a skilled worker or if I should wait to see what happens? I recently renewed my work permit. I got it for another 3yrs. I've never taken any form of assist from the gov, I worked my way through, I've also not been called in for PRRA as yet.
Thanks kindly response

 

[computergeek]

If you choose to leave and apply from outside Canada, you might wish to consider using the Ontario PNP program, as it would seem that you qualify (other than status in Canada) and that would cut the time to obtain approval down considerably.

I may very well be missing something, but I don't see an explicit statement that one cannot apply from within Canada as a failed refugee (http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp - doesn't mention that failed refugee's cannot apply). Of course, if you are called for an interview, you would have to leave.

Indeed, this likely will weigh heavily in your favour in the H&C application as well.

Good luck!

 

[sugarcake30]

Thank you for responding; however, I looked into the PNP program but I don't qualify since I do not have status here, my work permit states " does not confer temporary status", this is one of the reasons why Iam considering leaving before Iam asked too.

I don't know what too do, Iam always updating my H&C; however, I am afraid CIC will say I don't deserve compassion because Iam skilled and financially able to take care of myself back home. Another thing, any idea why CBSA hasn't come after me as yet? It's been over 1yr since refugee claim was denied.

Thank you,
kindly

 

[computergeek]

Thank you for responding; however, I looked into the PNP program but I don't qualify since I do not have status here, my work permit states " does not confer temporary status", this is one of the reasons why Iam considering leaving before Iam asked too.

That's why I said "if you decide to leave, consider the PNP program". You'd definitely qualify in that case.

I don't know what too do, I am always updating my H&C; however, I am afraid CIC will say I don't deserve compassion because I am skilled and financially able to take care of myself back home. Another thing, any idea why CBSA hasn't come after me as yet? It's been over 1yr since refugee claim was denied.

Actually, from what you've said you have a good H&C case. It's very discretionary, but the fact you have established yourself so well in Canada speaks well of you in terms of H&C. But H&C applications take a LONG time to process. I walk by BRO-V all the time and I never see anyone working, so that might be why.

I suspect CBSA doesn't view your case as a high priority - you're gainfully employed, you aren't involved in criminal activity and you have a pending H&C application. That they haven't prioritized you also speaks well of your chances with an H&C, because they'd be applying similar sorts of logic to your file.

Do you have an attorney or someone assisting you in your filings at all?

 

[sugarcake30]

Thank you
Yes I do have a lawyer, however I like doing my own research also.

Thanks again

 

[computergeek]

There's no real way to know until you see the decision from CIC. Since you are working with an attorney, the decision letter should go to your attorney. Hopefully you'll be hearing soon.

Good luck!