Refugee claimant married

[Herobajwa]

Hi can some one help me regarding my situation.
I applied my aslyum in nov. 2019.. and now I married with a open work permit holder .. so my question is can I withdraw my asylum case and apply for spouse open work permit and one more thing how can I stop my deportation order if I withdraw my case .. please I really need your help

 

[zee90999]

Hi can some one help me regarding my situation.
I applied my aslyum in nov. 2019.. and now I married with a open work permit holder .. so my question is can I withdraw my asylum case and apply for spouse open work permit and one more thing how can I stop my deportation order if I withdraw my case .. please I really need your help

Your case may be dependent on whether or not you’ve received a refugee status yet. In anyway it will be complicated as you have made an asylum claim and now married to an open work permit holder to sail smoothly and live legally in Canada. It may appear like marriage of convenience, thus you must seek help from an expert immigration lawyer who can guide you in the right direction.

 

[k.h.p.]

Marrying someone with temporary status in Canada will unfortunately not allow you to avoid a deportation order nor will it give you any permanent status in Canada.

 

[Herobajwa]

Marrying someone with temporary status in Canada will unfortunately not allow you to avoid a deportation order nor will it give you any permanent status in Canada.

So there is no way .. to stay with my life partner if I withdraw my case and apply spouse open work permit??

 

[scylla]

So there is no way .. to stay with my life partner if I withdraw my case and apply spouse open work permit??

Unfortunately I don't think there's any way you can do this. If you withdraw your refugee claim, this will trigger the removal order and applying for the spousal open work permit won't be possible. You'll only get your passport back once you're on the plane heading home. If you withdraw the refugee claim, leave Canada and apply for the spousal open work permit from outside of Canada, unfortunately refusal is pretty much a sure thing since the refugee claim will demonstrate you have plans on remaining in Canada long term and lack ties to your home country. I would stick with the refugee claim - I think that's your only option for remaining in Canada right now. If at some point your spouse qualifies to apply for PR (e.g. through Express Entry), they should include you in their application.

 

[canuck78]

When did you meet this partner and when did you get married? You only arrived in November 2019 did you know this person before arriving in Canada? What is their status in Canada? Are they also a protected person?

 

[Herobajwa]

When did you meet this partner and when did you get married? You only arrived in November 2019 did you know this person before arriving in Canada? What is their status in Canada? Are they also a protected person?

I know her around 3 years we studied together in Canada while back to my country I feel unsafe in my home contry then come back canda in November and applied asylum . But now we got married here in Canada . She is on open work permit.

 

[canuck78]

I know her around 3 years we studied together in Canada while back to my country I feel unsafe in my home contry then come back canda in November and applied asylum . But now we got married here in Canada . She is on open work permit.

Did you not finish your studies and qualify for a PGWP? Were you dating before November 2019? When exactly did you get married?

 

[Herobajwa]

Did you not finish your studies and qualify for a PGWP? Were you dating before November 2019? When exactly did you get married?

We are dating each other since 2017. 2 days ago we got married. I finished my studied and decided to go back my origin country but I was not feel safe anymore over there then I came back Canada nov. 2019 and applied asylum here . So please anyone can tell me can I apply spouse work visa while she is on open work permit.

 

[Buletruck]

Expect significant scrutiny of your marriage. And it still won’t stop a removal. You need legal status to apply for an OWP in Canada and with a removal order, you don’t have that.

 

[Herobajwa]

Expect significant scrutiny of your marriage. And it still won’t stop a removal. You need legal status to apply for an OWP in Canada and with a removal order, you don’t have that.

So there is no way right ?

 

[Buletruck]

Highly unlikely. The system is set up to prevent people from using the refugee system to gain a foothold in Canada and use alternate methods to remain. There is no “gaming” the system. Stick with your claim.

 

[scylla]

So there is no way right ?

Withdrawing your refugee claim triggers a departure order. And your passport isn't given back to you until you are leaving Canada.

I don't think there is any way. I think you need to continue with the refugee claim if you want to remain in Canada.

 

[canuck78]

We are dating each other since 2017. 2 days ago we got married. I finished my studied and decided to go back my origin country but I was not feel safe anymore over there then I came back Canada nov. 2019 and applied asylum here . So please anyone can tell me can I apply spouse work visa while she is on open work permit.

This doesn’t make sense. Why did you move home if you were dating this woman seriously and qualified for a PGWP. You also could have arrived in Canada and got married in Canada and then applied for SOWP. Instead you applied for asylum. Most international students study in Canada for PGWP. There are quite a lot of red flags.

 

[Herobajwa]

This doesn’t make sense. Why did you move home if you were dating this woman seriously and qualified for a PGWP. You also could have arrived in Canada and got married in Canada and then applied for SOWP. Instead you applied for asylum. Most international students study in Canada for PGWP. There are quite a lot of red flags.

We both just come here just for master degree and want to start a business in my back country but now in my country so much going on .. that’s why I came back even my partner wanna go back after her studies completed but now even she also can’t back to country due to unfamiliar situation