Hello, I hope someone can answer my query. My husband and I would like to immigrate to Canada. At present we live in a European country as permanent residents. The problem is as follows. My husband applied for political asylum when he arrived here, and received subsidiary protection status, later transformed into a work permit. Several years ago he had to visit his family back in his home country and he reapplied for his country's travel document. I was wondering what are the chances of him getting Canadian PR?
PR in Canada after asylum in Europe
- Thread starter katmav
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I'm assuming you're asking about applying for PR through an economic immigration stream like Express Entry / Federal Skilled Worker. Assuming that's the case, there's nothing stopping you from applying and your husband's asylum claimant history won't be a problem provided he is 100% honest in his application.
In terms of the chances of getting PR, that really depends on your qualifications (i.e. level of education, age, years of work experience and type of work experience, language abilities, funds to establish yourselves in Canada, etc.). The majority of Canada's economic immigration programs are points-based - meaning those who are the most qualified based on a points system are selected.
Thank you so much Scylla
Indeed, I meant applying for PR as an economic immigrant. Actually my question arose after checking Background declaration, points 6 c) and d)
I assume, my husband would have to provide an explanation for reapplying for his home country passport after requesting asylum in Europe?
Indeed, I meant applying for PR as an economic immigrant. Actually my question arose after checking Background declaration, points 6 c) and d)
I assume, my husband would have to provide an explanation for reapplying for his home country passport after requesting asylum in Europe?
You should check yes for 6(c) only and not 6(d) as the asylum was granted. Only a short explanation is necessary, there is no need to volunteer details such as what the asylum was for or that your husband voluntarily returned although that will be obvious from his travel history.
In any case, without knowing the specifics of your husband's asylum the visa officer cannot deduce any negative inference from your husband's trip and if details were asked you should know that Canadian officials cannot verify the details of the asylum claim in any way because that is held as confidential information.
Thank you for your opinion, that's what I was thinking initially. However, after rereading carefully point 6.c), I came to think that it probably only applies to those who claim asylum in Canada or a "Canadian visa office in any other country". The syntax of the question is kind of confusing really, it could be interpreted both ways.
vensak
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I have read extensively about this issue and found out that this is not really true. Without having agreements in place and consent from applicants this will not happen. European countries do have share information among each other but not to other countries. In case of asylum claims they would know a prior claim was filed in another member state by comparing fingerprints in the EURODAC database but they would not know the details of the claim. This info is deleted after 10 years.
Having said that, I would still advise anyone to answer truthfully to all questions asked and to respect other countries laws even if they don't agree with, or else they can choose to immigrate elsewhere. But I wouldn't mislead people into believing their previously disclosed information is not in their control and is being given out to 3rd parties without their consent. I believe that when applicants are given assurances their information is kept protected and safeguarded they are more likely to be truthful about their circumstances.
vensak
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Few things:
1. Would they try to apply for permanent residency in Canada, they will give the consent for their personal information to be disclosed. (fully in their control, as they can choose not to immigrate to Canada and then nobody will search for their past).
All it takes after that is contact their allies and search after personal information for that person
2. Such claim does leave a bit more traces there. We are talking about fingerprints that are going nowhere (for what if purpose later on) - one thing is the EU database and the other thing is the local police of the affected country, that can use the local law; we are also speaking about other organizations that are dealing with social assistance. And of course about commercial carriers.
So if ever such question would not be answered truthfully, traces of that person being in Europe can be found. So the moment they would answer no, and something would be found, it would lead to misinterpretation. And if ever they answer yes, they need to disclose the basic situation. Otherwise the only thing would happen is an intensive search.
YMMV. Other countries don't have to honor this consent and some info is confidential or only available with a court order, whether consent is given or not. This also applies to close allies I can give you an example New Zealand which requires a direct written consent on from the applicant to reveal criminal history and still it would not disclose arrests, detentions, investigations ..etc.
Yes I agree. In Europe they do things differently so in all cities and municipalities there are population registers that you must register with before you live in that city and such information is public in countries like Germany and others. The register will indicate you are a refugee so that you get preferential treatment in housing and services, they don't shy away from this info. The identity cards indicate this as well, and address history is a strong indicator too because in most European countries asylum seekers are forced to live in special housing complexes for asylum seekers. But none of these sources indicate what the asylum was for whether the local police, social assistance ..etc. So if the applicant claim was supposedly based on sexual orientation for example, this information would be impossible to find unless the applicant voluntarily discloses this.
Traces of information cannot be used to make a misrepresentation finding although they can be used to investigate further. IRCC needs to get certified documents or correspondence sent to them directly for the information to be valid and it also needs to be obtained legally. So for example if there were private parties involved or if there was a data leak at some ministry and their whole database was posted on wiki***** IRCC cannot use this info.
vensak
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Ok the questions there are rather simple yes or no questions.
If the question is something like:
Have you ever claimed asylum? Regardless where and regardless if you withdraw it later or if you were rejected.
Then answering no can be seen as misinterpretation. All they need is to find a proof of his registration as a refugee somewhere and that's it
And of course if you answer it yes without giving out the details you will just trigger very close investigation (so they will take time with your profile).
Anyway that question itself will not make your file rejected. Claiming refuge is not a criminal activity.
It is for them to understand your past. Like if they would find traces of your history in some country, then they will see - yes a refugee claimant then he returned home, all is correct. Also they need to know if you are or you were under protection of other country or if you were trying to get such protection
So actually trying to hide that fact will cause much more troubles.
If the question is something like:
Have you ever claimed asylum? Regardless where and regardless if you withdraw it later or if you were rejected.
Then answering no can be seen as misinterpretation. All they need is to find a proof of his registration as a refugee somewhere and that's it
And of course if you answer it yes without giving out the details you will just trigger very close investigation (so they will take time with your profile).
Anyway that question itself will not make your file rejected. Claiming refuge is not a criminal activity.
It is for them to understand your past. Like if they would find traces of your history in some country, then they will see - yes a refugee claimant then he returned home, all is correct. Also they need to know if you are or you were under protection of other country or if you were trying to get such protection
So actually trying to hide that fact will cause much more troubles.
I always advise people to be truthful in their answers whether this can be checked or not, as you can see in my earlier posts. I never advise anyone to hide any facts no matter how minor or unimportant. But at the same time there is no need to volunteer info if it was not requested, the applicant can submit more details later if requested and in this case the case officer will have forwarded a letter detailing what additional documents are needed and where to get them from.
Having claimed asylum will always invite scrutiny and trigger further search, whether details are given or not. They see the applicant as having push factors into coming to Canada rather than just being attracted or interested to live there and thus they might assume the applicant will cut a few corners to get there, especially if the applicant is being sponsored. You can see that PNP programs already exclude refugee applicants and they don't include that question in the application for no good reason.
Having claimed asylum will always invite scrutiny and trigger further search, whether details are given or not. They see the applicant as having push factors into coming to Canada rather than just being attracted or interested to live there and thus they might assume the applicant will cut a few corners to get there, especially if the applicant is being sponsored. You can see that PNP programs already exclude refugee applicants and they don't include that question in the application for no good reason.
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