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Refugee claimant refused - Options, please help!

ravedave2005

Newbie
Mar 30, 2016
1
0
Hello all, my first post here, i'm hoping i could find some answers for the situation !

My girlfriend of 1.5 years and her family (mother, stepfather, sister) have moved to Canada,QC,Mtl from Hungary about 4 years ago as refugees

They were told that they should have a hearing within a year but time passed by and until January 2016 they heard nothing, then the notice came about the hearin
2016 February - Hearing
2016 March 29 - Received letter that they have NOT BEEN ACCEPTED

They will be going to their lawyer next week to see what are their options, but I wanted to ask you guys if anyone could help me out with options i may have with my girlfriend

We do want to eventually get married and start a family, but did not really move forward with any plans until we had news about their status, and sadly the news we just got is not the one we were waiting for...

From reading a few sites and some posts here, getting married right now would do us no good, specially in the eyes of the goverment and our intention was never to do it just to get my girlfriend a status and she cleary told me she would NOT MARRY ANYONE JUST FOR THAT

-Could we start a sponsorship now that she has been refused? (without her leaving the country)
-If she left the country to go back to Hungary, and i went there to marry her (when the time is right and not just a rushjob to let her stay here) would she be able to return with me to Canada or would she have to apply and wait in Hungary to receive some documents ?

Are there other options im not aware of? I'm also an immigrant but i came here as a 14 year old boy with my parents and i have been a Canadian Citizten since 2007.


Also the sister is 14 now, she goes to school here, learned french and english, does the family have any arguments that they can make in order to let their daughter finsih school here, or the goverment does not take into consideration that she basicly has to start over her studies if returned to Hungary?

I guess we will know a bit more after the visit at the lawyer but i wanted to get some outside opinions...

Thanks in advance!
 

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They wont be deported right away, they are entitled for an appeal at the federal court. They have 30 or 60 days to appeal the negative decision. Meanwhile at the federal court it's hard to get a positive answer but you never know.

The appeal at the federal court ca take up to 6 month to get an answer.
Once they receive an answer:
If it's positive, they will be granted another hearing.
If it's negative, they will then apply for PR on Humanitarian and compassionate grounds. Usually people have to wait 12 months to apply on H&C grounds, but since they have a minor child, they can do it right away on basis of the best interest of a child. ( i advise them to prepare the application from now and gather all the documents needed so when they receive the federal court decision, they will be ready same day to apply for it.)

There's something called PRRA but im not sure if they are eligible to apply for it since they come from a sade country, i think they have to wait 12 months as well unless the law with a minor child applies on them. Let them ask the lawyer about it.

About you marrying your gf, i say go ahead and do it if you have enough proof the the relationship is genuine, and start the outland sponsorship once she's deported.
 

LoveCanada10

Star Member
Jan 3, 2015
103
41
ravedave2005 said:
Hello all, my first post here, i'm hoping i could find some answers for the situation !

My girlfriend of 1.5 years and her family (mother, stepfather, sister) have moved to Canada,QC,Mtl from Hungary about 4 years ago as refugees

They were told that they should have a hearing within a year but time passed by and until January 2016 they heard nothing, then the notice came about the hearin
2016 February - Hearing
2016 March 29 - Received letter that they have NOT BEEN ACCEPTED

They will be going to their lawyer next week to see what are their options, but I wanted to ask you guys if anyone could help me out with options i may have with my girlfriend

We do want to eventually get married and start a family, but did not really move forward with any plans until we had news about their status, and sadly the news we just got is not the one we were waiting for...

From reading a few sites and some posts here, getting married right now would do us no good, specially in the eyes of the goverment and our intention was never to do it just to get my girlfriend a status and she cleary told me she would NOT MARRY ANYONE JUST FOR THAT

-Could we start a sponsorship now that she has been refused? (without her leaving the country)
-If she left the country to go back to Hungary, and i went there to marry her (when the time is right and not just a rushjob to let her stay here) would she be able to return with me to Canada or would she have to apply and wait in Hungary to receive some documents ?

Are there other options im not aware of? I'm also an immigrant but i came here as a 14 year old boy with my parents and i have been a Canadian Citizten since 2007.


Also the sister is 14 now, she goes to school here, learned french and english, does the family have any arguments that they can make in order to let their daughter finsih school here, or the goverment does not take into consideration that she basicly has to start over her studies if returned to Hungary?

I guess we will know a bit more after the visit at the lawyer but i wanted to get some outside opinions...

Thanks in advance!

I would say they shouldn't waste their time more and build a life here. Hungary is a safe but corrupted place, however, there is no war or anything. I visited Hungary last year and it is so beautiful and peaceful. Yes, government is corrupted but that is not enough reason to become a refugee anywhere in the world.

Regarding your question, you can marry whoever you want but I do NOT know if you can marry someone without an actual status in Canada. I don't think anyone can answer you here. This sounds complicated. I suggest you go ask a Marriage consultant. Ask them, if they can marry you legally. If your marriage can be registered in Canada, this means she is your spouse legally and you can sponsor her without the need of her to leave Canada. Again, nothing of what I said is accurate and you probably know all this. Hope all works out for you guys.