I want to withdraw my refugee claim because I have sponsorship file through my spouse

[Sweety06]

Hi there,
So I am here to get an advice on my situation. I have applied for refugee claim last year when I came to Canada. And after sometimes I got married and my spouse is Canadian PR. My father in law is so sick in back home and we have to go back home to visit him. My lawyer suggested to applied on family class sponsorship for my PR because I can’t travel back home on refugee status. So we did apply and I have got AOR as well as right to PR fees letter and biometric fees letter too from IRCC. I am eligible for Open work permit on my spousal file. And I want apply for open work permit then after I want to withdraw my refugee file. Please advise me if I withdraw my refugee file after getting open work permit I would able to travel back home? Would refugee file affect in any way after withdrawal? Am I able to come back to Canada?

 

[scylla]

Hi there,
So I am here to get an advice on my situation. I have applied for refugee claim last year when I came to Canada. And after sometimes I got married and my spouse is Canadian PR. My father in law is so sick in back home and we have to go back home to visit him. My lawyer suggested to applied on family class sponsorship for my PR because I can’t travel back home on refugee status. So we did apply and I have got AOR as well as right to PR fees letter and biometric fees letter too from IRCC. I am eligible for Open work permit on my spousal file. And I want apply for open work permit then after I want to withdraw my refugee file. Please advise me if I withdraw my refugee file after getting open work permit I would able to travel back home? Would refugee file affect in any way after withdrawal? Am I able to come back to Canada?

There is nothing stopping you from leaving Canada.

However it's quite possible/likely you will have issues returning to Canada on any sort of temporary status.

The OWP is not a travel document and does not allow you to return to Canada. You need a valid eTA or TRV to be able to return to Canada. It may be quite challenging to get one with a withdrawn refugee claim.

 

[Sweety06]

There is nothing stopping you from leaving Canada.

However it's quite possible/likely you will have issues returning to Canada on any sort of temporary status.

The OWP is not a travel document and does not allow you to return to Canada. You need a valid eTA or TRV to be able to return to Canada. It may be quite challenging to get one with a withdrawn refugee claim.

Thank you for the reply.
So can I first apply for TRV on my OWP then apply for withdrawal of refugees application? Would that be possible?

 

[scylla]

Thank you for the reply.
So can I first apply for TRV on my OWP then apply for withdrawal of refugees application? Would that be possible?

You can. However I don't think there's any chance the TRV will be approved if you have an active refugee claim.

I think you have two choices.

One is to not leave Canada until you have PR.

Or leave Canada and be prepared that you won't be able to return until the spousal sponsorship application is approved. If you applied for spousal sponsorship inland, you would have to reapply outland after you have left.

 

[sharon Gill]

Hi there,
So I am here to get an advice on my situation. I have applied for refugee claim last year when I came to Canada. And after sometimes I got married and my spouse is Canadian PR. My father in law is so sick in back home and we have to go back home to visit him. My lawyer suggested to applied on family class sponsorship for my PR because I can’t travel back home on refugee status. So we did apply and I have got AOR as well as right to PR fees letter and biometric fees letter too from IRCC. I am eligible for Open work permit on my spousal file. And I want apply for open work permit then after I want to withdraw my refugee file. Please advise me if I withdraw my refugee file after getting open work permit I would able to travel back home? Would refugee file affect in any way after withdrawal? Am I able to come back to Canada?

You have to wait until your COPR

 

[Amiah_world]

Hey I know I’m a few days late but this isn’t a good idea, i know people who filed refugee and then did spousal sponsorship and wasn’t approved. Be careful you’re playing a very dangerous game with IRCC. You best sit tight and go sit down with a proper lawyer and weigh you options.