If I refugee claimant loss Pr status, is it possible to apply other programs to come back Canada ?

[pamela21]

Hi everyone! I am writing behalf of my friend. She got her Pr recently as Protected person. Her mother diagnosed with Cancer and doctor says there is nothing to do, she has max 2 months.
My fiend want to go to back home to see her mom last time.
if she loses her status after travelling back home, can she apply other programs like Canadian Experince Class ? She has 3 years Canadian experience as designer ? Any help is appreciated. Thanks a lot.

 

[scylla]

Hi everyone! I am writing behalf of my friend. She got her Pr recently as Protected person. Her mother diagnosed with Cancer and doctor says there is nothing to do, she has max 2 months.
My fiend want to go to back home to see her mom last time.
if she loses her status after travelling back home, can she apply other programs like Canadian Experince Class ? She has 3 years Canadian experience as designer ? Any help is appreciated. Thanks a lot.

Sure, she can apply for PR through an economic immigration stream if she loses PR for some reason.

Whether she can claim the 3 years of Canadian work experience towards PR will depend on how she obtained this work experience. If it was obtained on a work permit she received as a refugee claimant, then unfortunately it cannot be counted.

 

[pamela21]

Thanks. Yes she got work permit through refugee status. Have you read somewhere that work experience through refugee status is not counted ?

 

[Simba112]

Sure, she can apply for PR through an economic immigration stream if she loses PR for some reason.

Whether she can claim the 3 years of Canadian work experience towards PR will depend on how she obtained this work experience. If it was obtained on a work permit she received as a refugee claimant, then unfortunately it cannot be counted.

Hey Scylla, For understanding, if the process to cease protection that eventually revokes pr status is successfully, he/she becomes inadmissible? In this situation, can one apply for other streams without overcoming inadmissibility?

 

[scylla]

Thanks. Yes she got work permit through refugee status. Have you read somewhere that work experience through refugee status is not counted ?

It is not counted.

The work experience must be obtained while in Canada with valid status. Refugee applicants do not have valid status.

 

[scylla]

Hey Scylla, For understanding, if the process to cease protection that eventually revokes pr status is successfully, he/she becomes inadmissible? In this situation, can one apply for other streams without overcoming inadmissibility?

That's a good question and I hadn't thought of that. It's a good point and probably best for the OP to consult with an immigration lawyer.

 

[pamela21]

It is not counted.

The work experience must be obtained while in Canada with valid status. Refugee applicants do not have valid status.

How about after getting approved by court or getting Pr? I mean technically after you become Pr you have a status

 

[scylla]

How about after getting approved by court or getting Pr? I mean technically after you become Pr you have a status

You need to explore the admissibility issue first. Suggest you get a consult with a lawyer.

 

[canuck78]

How about after getting approved by court or getting Pr? I mean technically after you become Pr you have a status

Time working after you’ve been approved as a protected person or PR is treated differently than while you are an asylum claimant.

 

[pamela21]

Time working after you’ve been approved as a protected person or PR is treated differently than while you are an asylum claimant.

thanks

 

[Zulubia]

Hi everyone! I am writing behalf of my friend. She got her Pr recently as Protected person. Her mother diagnosed with Cancer and doctor says there is nothing to do, she has max 2 months.
My fiend want to go to back home to see her mom last time.
if she loses her status after travelling back home, can she apply other programs like Canadian Experince Class ? She has 3 years Canadian experience as designer ? Any help is appreciated. Thanks a lot.

She can go to her home country and come back to Canada. Once she is back, she will be questioned by the CBSA for going back to her country. Tell her to not talk to CBSA and say that she wants to get a lawyer. Either way, they will allow her to enter Canada, but she will receive a "Cessation and vacation" application soon. Which means they will take her to court to take away her PR and refugee status. That is where she needs a very good lawyer to defend her. And trust me, anything is possible with a good lawyer.

 

[canuck78]

She can go to her home country and come back to Canada. Once she is back, she will be questioned by the CBSA for going back to her country. Tell her to not talk to CBSA and say that she wants to get a lawyer. Either way, they will allow her to enter Canada, but she will receive a "Cessation and vacation" application soon. Which means they will take her to court to take away her PR and refugee status. That is where she needs a very good lawyer to defend her. And trust me, anything is possible with a good lawyer.

Anything isn’t possible with a good lawyer. It certainly helps to have a good lawyer but there is no guarantee that she’d be able to retain her status in Canada. Don’t want anyone to have expectations that there isn’t a risk of losing status if she secures a good lawyer.

 

[Zulubia]

Anything isn’t possible with a good lawyer. It certainly helps to have a good lawyer but there is no guarantee that she’d be able to retain her status in Canada. Don’t want anyone to have expectations that there isn’t a risk of losing status if she secures a good lawyer.

I never said there is a guarantee. But since she already has PR status, she should focus on keeping it instead of giving up before even losing it and looking into other programs.

 

[canuck78]

I never said there is a guarantee. But since she already has PR status, she should focus on keeping it instead of giving up before even losing it and looking into other programs.

“Anything is possible with a good lawyer” does give the impression that as long as you hire a good lawyer you won’t have a problem losing status. Just wanted to clarify because decision to travel has potentially major consequences.

 

[Simba112]

But

I never said there is a guarantee. But since she already has PR status, she should focus on keeping it instead of giving up before even losing it and looking into other programs.

But you just said "Anything is possible with good lawyer", thats more than guarantee...