Girlfriend on refugee status, can she stay?

[renecane]

Hello everyone.

I've been dating my girlfriend for almost 3 years now. I'm a Canadian citizen and she's on refugee status. She's been on refugee status for a very long time now. Her family came here to Canada in 2009.

We talked about marriage but one thing that's always in the way is the thought that she/her family may go or may stay anytime. Of course the "may go" part is what worries me.

So I got a couple of questions that may help me make some big decisions in my life. First is, what if we do get married and then they get asked to leave Canada. Can she at least stay with me since we're already married or she will still have to go?

Second question. She mentioned that if they can't stay and will have to go, she will never be allowed to get in to Canada for 10 years. So if we wait for the result and they end up leaving then we get married in the place where they're going, can't I sponsor her back to Canada as soon as we're married?

She's really close to her family. They all been through a lot and the thought of leaving them is just heart breaking for her so she rather stay with them or go with them.

I appreciate all the advise you nice people can give. Thanks in advance! =)

 

[qm2018]

Something not clear ... are they refugees who their application for refugee is already accepted or not ? if yes, and since 2009, why they didn't apply for citizenship until now ? and if not (for first question), decision for applications of refugees doesn't take that long!.

In anyway, you can still sponsor her as a spouse while she is in Canada (only her not her family), but my advice, consult with immigration lawyer first.

 

[renecane]

Thanks for responding, I appreciate your time.

Yes, their application has been accepted. They've been to a couple of hearings but got denied though they pursued appeal and been waiting for another hearing for about 3 years now. This will be their final attempt. Apparently there's a lot of refugee stuck in the same status as theirs. Some call it legacy status since they came to Canada in 2009. Their application has been in the back burner while accepting newer applications.

Correct me if I'm wrong but don't you need to be a PR first before you could apply for citizen?

I'm so clueless about these things and yes, I'm already considering consulting an immigration lawyer.

So if I can sponsor her as a spouse and her family is asked to leave, does she need to go with them and I'll sponsor her later or she gets to stay?

 

[Wonderland_1010]

Thanks for responding, I appreciate your time.

Yes, their application has been accepted. They've been to a couple of hearings but got denied though they pursued appeal and been waiting for another hearing for about 3 years now. This will be their final attempt. Apparently there's a lot of refugee stuck in the same status as theirs. Some call it legacy status since they came to Canada in 2009. Their application has been in the back burner while accepting newer applications.

Correct me if I'm wrong but don't you need to be a PR first before you could apply for citizen?

I'm so clueless about these things and yes, I'm already considering consulting an immigration lawyer.

So if I can sponsor her as a spouse and her family is asked to leave, does she need to go with them and I'll sponsor her later or she gets to stay?

Yes you are correct about obtaining PR first and maintaining PR status for a numbered of years before you can apply for Citizenship. Okay now in regards to your GF, you can apply for sponsorship once you are married. But since she applied for asylum, I would expect that her Sponsorship application with you would be processed longer than normal because IRCC would have to determine whether your relationship is genuine.

If her family appeal is refused, IRCC will issue a deportation order for her and her family. Unfortunately her family won't not be able to stay in Canada but your GF may have a chance to stay if you had submitted an inland Spousal Sponsorship application for her.

 

[renecane]

Thanks very much! That will help me prepare some questions if I do seek help from an immigration lawyer.