Refugee claim is ineligible because of Third Safety Country agreement but spouse has PGWP

[kat94]

Hi,
I need some advice
My husband applied for Refugee in 2016in USA. HI waited for his interview in USA for almost 3 years and we were separated for that time, so he decided to cross Canadian boarder in April 2019 and apply for a refugee in Canada. He canceled his claim in US. Month ago we got the letter that his case is ineligible because he came from Third Save Country, and he might be able to apply for a Pre Removal Risk Assessment. I have valid Post Graduate Work Permit.
It seems likely we have around 10 month to find the way how to stay in Canada together. Can he apply for PR or Spouse Work visa. Any suggestions?

Thank you in advance

 

[scylla]

Hi,
I need some advice
My husband applied for Refugee in 2016in USA. HI waited for his interview in USA for almost 3 years and we were separated for that time, so he decided to cross Canadian boarder in April 2019 and apply for a refugee in Canada. He canceled his claim in US. Month ago we got the letter that his case is ineligible because he came from Third Save Country, and he might be able to apply for a Pre Removal Risk Assessment. I have valid Post Graduate Work Permit.
It seems likely we have around 10 month to find the way how to stay in Canada together. Can he apply for PR or Spouse Work visa. Any suggestions?

Thank you in advance

He's out of status in Canada so he cannot apply for a spousal work visa.

You can apply for PR through an economic immigration stream (e.g. Express Entry) if you qualify and include him in your application as a dependent. He cannot apply as the primary applicant since he's out of status.

PPRA generally has very low approval rates.

 

[kat94]

Thank you ! I do not have enough work experience to apply, will try through BC PNP soon. Anyway thank you for your advice at least now i know that I should focus on my immigration pathway.

 

[canuck78]

Why didn’t you just apply for SOWP Instead of asylum?

 

[kat94]

Why didn’t you just apply for SOWP Instead of asylum?

We did, when he was in USA. It was rejected. He applied for asylum before I got a student visa

 

[canuck78]

We did, when he was in USA. It was rejected. He applied for asylum before I got a student visa

Would make sure you purchase medical insurance although unlikely to cover covid.