Refugee/Asylum Claimants 2023 Timeline

[canuck78]

Thanks for replying, can the oversea spouse apply instead or go for express entry?

Yes a spouse overseas would qualify. You would need to leave Canada for their application to be processed.

 

[canuck78]

Okay. So I can assume nothing I am going to hear from them this year? I only have one travel history to India, stayed for a week a few months before coming to Canada.

Realistically most will wait over 2 years to receive a hearing unless there are reforms to the asylum system.

 

[canuck78]

This is refugee page, we are not discussing about background check for PR, this background check is for refugee case. You need to pass background checks before your hearing.

You’re right thought I was replying to another thread

 

[canuck78]

Submited 14th July 2024, Vancouver , waiting for background check. Apparently it takes at least 1 year nowadays.

Closer to 2 years these days for many and will likely get longer unless there are reforms to the program.

 

[canuck78]

I submitted my claim in December 2024,(Calgary) and yet my background check not completed, may I know how long does it take to complete background check, and is there any way to make the process faster?

No way to speed it up. Could be over 2 years until you receive a hearing date given the backlog.

 

[Isvary]

Yes a spouse overseas would qualify. You would need to leave Canada for their application to be processed.

Please are you saying the claimant would need to leave Canada before his overseas spouse's application can be approved?

Secondly when a claimant becomes a protected person, is there a possibility for the oversea spouse to be approved for any trv before they get permanent residence? If no, there's any other way the oversea spouse can enter Canada before pr is given.
Thanks Canuck8

 

[canuck78]

Please are you saying the claimant would need to leave Canada before his overseas spouse's application can be approved?

Secondly when a claimant becomes a protected person, is there a possibility for the oversea spouse to be approved for any trv before they get permanent residence? If no, there's any other way the oversea spouse can enter Canada before pr is given.
Thanks Canuck8
[/QUOTE

Your spouse would not be eligible for express entry if they have a spouse in Canada with a removal order. As an asylum claimant you have a removal order that has been put on hold while you wait for your hearing but you still have an active removal order. The spouse would need to leave Canada and not have the active removal order to have an express entry application approved.

The spouse can attempt to get a TRV but the chances of success are pretty low because the spouse is not a genuine visitor. If the asylum claim is approved and once the spouse has received PR (after a few years) there may be a slightly better chance of getting a TRV but still very low. Currently most will have to wait until getting approved as PRs before coming to Canada. Given the huge backlog of asylum seekers and the goal to reduce the number of temporary residents and reduce the target of new PRs every year, there is a pretty good chance that the asylum system will undergo some reforms. It is impossible to predict what changes will be made. Given current backlogs many will be waiting years to receive a hearing and there are many without strong grounds for asylum so there is a desperate need for reform of the asylum and H&C programs. Both programs are incredibly expensive, are way too slow and the long processing times are creating problems for both the applicants and for the Canadian government. Given the potential changes it is tough to provide answers about the future because things may change.

 

[Isvary]

Oh wow...thanks for taking your time to explain better.

 

[Shadow_123]

If an asylum claimant gets married while waiting for hearing, will he/she be eligible for spousal sponsorship while the asylum hearing is pending? Any specific requirement to fulfill before considering eligible for sponsorship? Financially?

 

[canuck78]

If an asylum claimant gets married while waiting for hearing, will he/she be eligible for spousal sponsorship while the asylum hearing is pending? Any specific requirement to fulfill before considering eligible for sponsorship? Financially?

Yes. Would expect additional scrutiny given the situation so you would want to have proof that it is a genuine dating relationship and then marriage and your marriage is unrelated to immigration. Your spouse should be able to support their family financially without government help or have proof of how you and your spouse are able to support your family. Assume the potential spouse is already a PR or Canadian citizen.

 

[Shadow_123]

The marriage is genuine, there's no doubt about that.

Regarding financial support from spouse, any specific criteria to meet like money in bank account? Having a stable full time job would suffice?

 

[canuck78]

The marriage is genuine, there's no doubt about that.

Regarding financial support from spouse, any specific criteria to meet like money in bank account? Having a stable full time job would suffice?

Would also have some savings. If you lost your job tomorrow or had an emergency proof of employment is not helpful. There is no set amount but some savings at a minimum.