Please Help - Need Information

[sadaf2018]

Hi,

I got my NOD which was negative

I recently got married here in Canada while I was refugee claimant. My husband tells me to withdraw the appeal / refugee claim since he is Citizen and can apply PR for me.

My fear is if I apply for PR and withdraw my appeal, I may be sent back to my country. I can be killed anytime if I go back.

Is this possible that my Husband apply PR for me and I just withdraw my appeal but remain in Canada while i get my PR ?
OR should I apply for PR while i filed my appeal ?

What should I do ? I really need help in this.

Thanks.

 

[Ratmir]

Hi,

I got my NOD which was negative

I recently got married here in Canada while I was refugee claimant. My husband tells me to withdraw the appeal / refugee claim since he is Citizen and can apply PR for me.

My fear is if I apply for PR and withdraw my appeal, I may be sent back to my country. I can be killed anytime if I go back.

Is this possible that my Husband apply PR for me and I just withdraw my appeal but remain in Canada while i get my PR ?
OR should I apply for PR while i filed my appeal ?

What should I do ? I really need help in this.

Thanks.

Hi, one of my friends has had the same situation. When he discussed with kind of lawyer he said to do as you thought. Cause two different cases in Immigration could not be open. But at the end they called Immigration and after that they keep both application. He is refugee claimant and Pr applicant as well(get married and applied PR by his wife).

Better call Immigration and start PR process as soon as possible. It is my suggestions.
Good luck.

 

[sadaf2018]

Hi Ratmir,

Thanks for your information. Do you know how much time does it normally take to process the PR when i am in canada ?

 

[canuck78]

Hi, one of my friends has had the same situation. When he discussed with kind of lawyer he said to do as you thought. Cause two different cases in Immigration could not be open. But at the end they called Immigration and after that they keep both application. He is refugee claimant and Pr applicant as well(get married and applied PR by his wife).

Better call Immigration and start PR process as soon as possible. It is my suggestions.
Good luck.

You can have 2 separate immigration cases.

 

[canuck78]

Hi Ratmir,

Thanks for your information. Do you know how much time does it normally take to process the PR when i am in canada ?

Sponsoring a spouse usually takes around a year but with covid it is taking longer. There will always be concerns that you are in a marriage of convenience because of your asylum claim. That is why it is usualy best to appeal. It is up to you. I would discuss your options with your lawyer.

 

[sadaf2018]

Hi @canuck78 ,

Thank you for your reply. It means i can have both cases in immigration.

I am living with my husband and I hope they can verify however they want to verify. Yes, it is ofcourse not a marriage of convenience.

Thanks again.

 

[Ratmir]

You can have 2 separate immigration cases.

Yes

 

[Ratmir]

Hi Ratmir,

Thanks for your information. Do you know how much time does it normally take to process the PR when i am in canada ?

I see you got your answer. Good luck

 

[canuck78]

Hi @canuck78 ,

Thank you for your reply. It means i can have both cases in immigration.

I am living with my husband and I hope they can verify however they want to verify. Yes, it is ofcourse not a marriage of convenience.

Thanks again.

Yes you can have 2 separate immigration files. Given your asylum status there will always be more scrutiny about your marriage.

 

[sadaf2018]

What if I withdraw my Appeal and follow with my PR. In that case, can I just stay in Canada or I will be deported back to my Country ?

 

[Ratmir]

What if I withdraw my Appeal and follow with my PR. In that case, can I just stay in Canada or I will be deported back to my Country ?

I think then you would not have a status,probably you will wait for your PR decision back in your home country.

 

[canuck78]

What if I withdraw my Appeal and follow with my PR. In that case, can I just stay in Canada or I will be deported back to my Country ?

You can wait in Canada. CBSA may contact you for a meeting. During your meeting you can discuss whether they will pause removal order and whether you can apply for PPRA.

 

[vagonbrei]

If you ask the CBSA to delay your moving for the outcome of your PR application they might do it. If they deny, you can appeal to the federal court and ask for a deferral or stay.