Refugee application

[michaelathieu]

I am Canadian and we have two Canadian children and we are living abroad but my wife is from Belarus and has been shut out from applying for residency abroad. Can she apply as a a refugee in Canada because she is unable to go back to Belarus even to renew her passport. We are running out of options and thinking of coming back to Canada so she can have some status. We were married last July in Ontario and left Canada last September but now most countries have cut off applicants from Belarus and Russia. If she returns to Belarus they will not let her leave since she is not a permanent resident. I am looking at the fastest possible way for her to get her status and from what I've been told the refugee claim is a fast track. Can you please advise if this is the correct route to take or should we be looking at another way of application status for Canada.
Thank You,
Michael Mathieu

 

[scylla]

I am Canadian and we have two Canadian children and we are living abroad but my wife is from Belarus and has been shut out from applying for residency abroad. Can she apply as a a refugee in Canada because she is unable to go back to Belarus even to renew her passport. We are running out of options and thinking of coming back to Canada so she can have some status. We were married last July in Ontario and left Canada last September but now most countries have cut off applicants from Belarus and Russia. If she returns to Belarus they will not let her leave since she is not a permanent resident. I am looking at the fastest possible way for her to get her status and from what I've been told the refugee claim is a fast track. Can you please advise if this is the correct route to take or should we be looking at another way of application status for Canada.
Thank You,
Michael Mathieu

I'm not sure what you mean by being shut out from applying for residency from abroad.

Since you are a Canadian citizen, you can apply to sponsor her for PR as your spouse from either outside of Canada or inside of Canada. These applications are being accepted and processed and nothing has been shut down. To apply through the inland process, both of you would need to be physically in Canada.

IMO the refugee application process is not a good path for her. It is by no means fast tracked. If anything, it will take longer than spousal sponsorship and will have a higher chance of refusal. Having said that, your choice how you apply. If she wants to apply through the refugee path, she needs to travel to Canada first and be in Canada to submit the application. This isn't something she can apply for from outside of Canada.

But again, in my opinion a refugee application is a bad idea. Best idea (assuming she has a valid TRV) is to return to Canada and have you sponsor her for PR through the inland spousal sponsorshi process.

 

[Buletruck]

Just like to point out that if she is outside of Canada now, she can't apply directly for refugee status anyway...and if she is in Canada, we'll, then I'd expect any attempt at a refugee claim to be refused as spousal sponsorship is available to you.

 

[michaelathieu]

Thank you for your prompt response. When I meant shut out I meant in countries in the Caribbean due to Belarus. We are both abroad right now, should we apply for PR while we are overseas or do we do this in Canada. Can you also tell how long this process would take and the process of citizenship. I would like to point out that I am no longer a resident of Canada and would have to declare residency upon arrival.

 

[michaelathieu]

She has a valid TRV

 

[scylla]

Thank you for your prompt response. When I meant shut out I meant in countries in the Caribbean due to Belarus. We are both abroad right now, should we apply for PR while we are overseas or do we do this in Canada. Can you also tell how long this process would take and the process of citizenship. I would like to point out that I am no longer a resident of Canada and would have to declare residency upon arrival.

She is many years away from qualifying for citizenship. Worry about permanent residency first. Once she is officially a PR, she will have at least two additional years to wait before she can qualify for citizenship.

You can certainly sponsor her for permanent residency while you both are living outside of Canada. If you apply this way, then as part of the application, you'll need to submit evidence that you plan to relocate back to Canada to live here once her PR visa is apprvoed. Or, alternatively, you can all return to Canada and then you can sponsor her inland once back in Canada (in which case she would eventually qualify for an open work permit while she waits for PR).

I would count on sponsorship taking at least 1 year although longer is of course possible.

 

[Simba112]

She is many years away from qualifying for citizenship. Worry about permanent residency first. Once she is officially a PR, she will have at least two additional years to wait before she can qualify for citizenship.

You can certainly sponsor her for permanent residency while you both are living outside of Canada. If you apply this way, then as part of the application, you'll need to submit evidence that you plan to relocate back to Canada to live here once her PR visa is apprvoed. Or, alternatively, you can all return to Canada and then you can sponsor her inland once back in Canada (in which case she would eventually qualify for an open work permit while she waits for PR).

I would count on sponsorship taking at least 1 year although longer is of course possible.

in her situation, she will need 1095days after becoming a PR for Citizenship.

 

[scylla]

in her situation, she will need 1095days after becoming a PR for Citizenship.

Not if she goes the spousal sponsorship route as we've recommended. If she goes the spousal sponsorship route and then apply inland, then up to a year of the pre-PR time (1/2 day credit for each day spent in Canada) can be counted towards citizenship.

 

[canuck78]

I am Canadian and we have two Canadian children and we are living abroad but my wife is from Belarus and has been shut out from applying for residency abroad. Can she apply as a a refugee in Canada because she is unable to go back to Belarus even to renew her passport. We are running out of options and thinking of coming back to Canada so she can have some status. We were married last July in Ontario and left Canada last September but now most countries have cut off applicants from Belarus and Russia. If she returns to Belarus they will not let her leave since she is not a permanent resident. I am looking at the fastest possible way for her to get her status and from what I've been told the refugee claim is a fast track. Can you please advise if this is the correct route to take or should we be looking at another way of application status for Canada.
Thank You,
Michael Mathieu

Do you plan on remaining in Canada? You will need to show that you intend to relocate back to Canada once your spouse gets PR if you apply to sponsor her. You will need concrete proof. Are you living in the Caribbean at the moment? Agree that unless she is in Belarus and can prove that her life is at risk while living there asylum is not a good option and certainly not faster than sponsorship. It sounds like your spouse is just looking for a better passport so she can travel around with the rest of the family easily. Unfortunately that won’t be an option without living in Canada for multiple years.