Refugee claim and appeal rejected !!!!what should I do now?please advice.

[Bryanna]

No actually I'm form Pak , my wife is from India and my son he is holding US

If you're willing to move to India then your son is eligible for an OCI (because your wife is an Indian citizen) right away + you can get a Long-term Visa (LTV) to stay in India. You will be eligible to apply for Indian citizenship after you stay for 7 years in India.

The other alternative is to move to a country like the UAE where you won't have any issues because of the different nationalities in your family.

This is probably why your asylum claim was refused

 

[Ayra16]

He can't get the OCI because as his father is from Pak that checked before applying the refugee claim .and UAE its not a permanent solution as there we just get 2 years work permit which u need to renew every time if your employer needs you and at age 60 we have have to go back our respective countries

 

[Buletruck]

So what was your refugee claim based on? Were you in the US and entered Canada via the border?

 

[Ayra16]

No we came from Pak directly as we faced problem because of my wife as she is Indian .

 

[Bryanna]

He can't get the OCI because as his father is from Pak that checked before applying the refugee claim .

That's not true.

As your wife is an Indian citizen.... i.e. she has not renounced her Indian citizenship.... your son is eligible for an OCI. There is no rule that says a minor of a Pakistan parent and an Indian parent is not eligible for an OCI. I think you have misunderstood the OCI restrictions.

And, if you think this is not the case then please post the link that specifically states this.

and UAE its not a permanent solution as there we just get 2 years work permit which u need to renew every time if your employer needs you and at age 60 we have have to go back our respective countries

I recommend you recheck your immigration options. It seems you are not aware of your option to stay in India even if you are a Pakistani national.... nor your option to stay in a third country

 

[Ayra16]

We were in Dubai and we went there to Indian embassy where they told us that . They have different process if any of the parents is from Pak . And also for us to stay India is difficult because my wife she was Hindu before and she converted in to Islam . And this is kind of sin if you leave your religion .her family in Indian is not accepting this marriage as I'm from Pak and Muslim too.

 

[Bryanna]

We were in Dubai and we went there to Indian embassy where they told us that . They have different process if any of the parents is from Pak .

Not true. The rules for OCI clearly state that the minor child is eligible for an OCI if one parent is an Indian citizen.

Your wife is not an OCI = She has not renounced her Indian citizenship = This rule of the Pakistan parent does not apply.

And also for us to stay India is difficult because my wife she was Hindu before and she converted in to Islam . And this is kind of sin if you leave your religion .her family in Indian is not accepting this marriage as I'm from Pak and Muslim too.

Many Hindus are married to Muslims in India. The mindset has changed considerably in the last few years.... unless someone lives in a small town/village.

As adults not sure why you believe you need the permission or acceptance of her family to live in India. You can live in any of the big cities. Your objective is to live together with your wife and child, right? You would not want your family to be separated between two countries

 

[Ayra16]

I am think you don't know about the Pak and Ind . It is easy to US visa but for those countries is more difficult. I applied my own visa for Ind bit it got rejected for my son he can't get oic only apply for visit visa as one of his parents is l from Pak . It is not the same what you are saying

 

[Buletruck]

You would be surprised just how much some of the forum member know about other countries. Most of what you claim is refuted by the government websites of the countries you are referring to......probably another reason why your claim was rejected.

Overseas Citizen of India (OCI) Cardholder
(a) The following categories of persons (except Pakistan and Bangladesh) are eligible to apply under OCI scheme:

1. Who is a citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the constitution; or
2. Who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the constitution; or
3. Who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or
4. Who is a child or a grand-child or a great grandchild of such a citizen; or

(b) A person, who is minor child of a person mentioned in clause (a); or

(c) A person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India; or

(d) Spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of india Cardholder registered under section 7A, Citizenship Act 1955 and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section:

Provided that no person, who is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for the registration as Overseas Citizen of India Cardholder.

https://boi.gov.in/content/overseas-citizen-india-oci-cardholder

 

[Ayra16]

As per them me n my wife has ifa in their respective countries and we can live their separately and and my son in US where he is just Two years okd

 

[Ayra16]

As per them me n my wife has ifa in their respective countries and we can live their separately and and my son in US where he is just Two years old

 

[Bryanna]

I am think you don't know about the Pak and Ind . It is easy to US visa but for those countries is more difficult.

Unfortunately, it seems you have closed your mind to moving to any other country to keep your family together. It seems you believe that Canada is your only option.

As Buletruck mentioned a few posts earlier, both your refugee or H&C claim will most likely not work because your son is a US citizen.

I applied my own visa for Ind bit it got rejected

Not sure what you meant by saying applying for a India visa on your own? When did you apply - before or after you married?

Regardless of how the political situation might seem, Pakistan citizens are routinely issued Indian visit visas for various reasons: Business, medical, to live with an Indian spouse, to visit a religious place, etc.

You are eligible for a Long-Term Visa that would enable you to stay in India with your wife and son.

for my son he can't get oic only apply for visit visa as one of his parents is l from Pak . It is not the same what you are saying

It's not true. Your son can get an OCI.

The restrictions in this rule apply to:
1. You as a Pakistan citizen cannot get an OCI

2. Your wife is not a citizen of another country/ she has not renounced her Indian citizenship. Hence, your son can get an OCI (one parent is still an Indian)

3. Your minor son does not have Pakistan citizenship. He is a US citizen. So this exception to the rule does not apply.


Have you even tried moving to India or the UAE or another country? From your posts it seems you were living in Pakistan before coming to Canada

Have you tried immigrating to Canada through one of the economic pathways?

 

[jddd]

As per them me n my wife has ifa in their respective countries and we can live their separately and and my son in US where he is just Two years old

Your son was born in the US correct? How was your wife able to give birth there? Did she and/or you claim asylum there as well and failed? If you didn’t, why not? Why did you choose to have your son born in the US instead of your countries? I know the questions are a bit personal but just some things running through my brain. The answer from IRCC, though unfortunate, is a fact. This is a consequence of choosing to have your child born in the US instead of Pakistan or India. I won’t speak about OCI and NICOP as I know nothing about those but I will suggest to hire a really good immigration lawyer to help you navigate your concern instead of wait here for someone to give you free advice. Best of luck!

 

[Bryanna]

Agreed.


It is best to get advice from two immigration lawyers:
One:
An immigration lawyer to assess your possibilities of remaining in Canada by filing an appeal or a H&C. IMO, neither of these claims will work.

There are other India-Pakistan couples who are living together in either India or Pakistan.... and they have not sought refuge.


Two:
An immigration lawyer who is an expert in cross-country immigration, specifically for India-Pakistan. You would not want to seek the advice of a lawyer that has no knowledge about India Long-Term Visas nor about an OCI for a minor US citizen child.


An aside:
I know some Canadian lawyers that assured a prenuptial prepared in Canada will be legally valid in India, whereas it is a fact that there is no such thing as a 'prenuptial' in Indian Law.

Moral of the story? Choose your immigration lawyer well. Seek second legal opinions if you need to. Don't always believe what you're told because you could be getting incorrect advice if your lawyer has zero knowledge of the Law in other countries

 

[hilal86]

Hi
I am an Indian and my wife is pakistan national , she is now in pakistan , i am indian now in Toronto,
Peoples know what constitution , rules regulation are, I know how much it was hard for me and my wife staying in India for 5 years, they say you will get nationality , i saw and meet couples married over MORE THAN 10 YEARS STILL NO NATIONALITY , they are always overlooked ,