refugee claimant withdrawal and marrying non Canadian citizen and leaving Canada

[ThreeFive]

The situation is as follows:

The person I want to marry is a refugee claimant from a non European Union country.The hearing for the claim has not taken place yet. I am not in Canada or a Canadian citizen but want for us to both come to my country of residence (an EU country, but not my country of citizenship). I understand that if a person gives up their claim for asylum then they may only return either to their own country or the country of the person that they marry. Does anyone know if it is possible for me to travel to Canada, get married and then leave Canada to my country of residence? The legal visa stuff in my country of residence is not what I am asking about here, since I have access to legal advice here for entry into the country. What I need to know is whether my partner will be allowed to leave Canada to my country of residence once we're married and not be compelled to go directly to her country of origin or directly to my country of citizenship.

I hope I have explained the situation clearly. Advice greatly appreciated.

 

[Exhausted waiting]

The situation is as follows:

The person I want to marry is a refugee claimant from a non European Union country.The hearing for the claim has not taken place yet. I am not in Canada or a Canadian citizen but want for us to both come to my country of residence (an EU country, but not my country of citizenship). I understand that if a person gives up their claim for asylum then they may only return either to their own country or the country of the person that they marry. Does anyone know if it is possible for me to travel to Canada, get married and then leave Canada to my country of residence? The legal visa stuff in my country of residence is not what I am asking about here, since I have access to legal advice here for entry into the country. What I need to know is whether my partner will be allowed to leave Canada to my country of residence once we're married and not be compelled to go directly to her country of origin or directly to my country of citizenship.

I hope I have explained the situation clearly. Advice greatly appreciated.

What is your country of citizenship?

 

[ThreeFive]

UK looking to relocate us both to Spain if possible

 

[scylla]

Spain has to be willing to accept your spouse. Typically in these situations a country like Spain won't be willing to accept your spouse unless you have already completed the process of obtaining either temporary or permanent status for your spouse in that country.

 

[ThreeFive]

Yes, as I said it is not so much the Spanish end that I am worried about. First I need to know if it will be possible for her to leave Canada to Spain directly without having to return to her country first or without us having to go through the UK visa process first. That is what I am having trouble finding information about at the moment.

 

[vensak]

Yes, as I said it is not so much the Spanish end that I am worried about. First I need to know if it will be possible for her to leave Canada to Spain directly without having to return to her country first or without us having to go through the UK visa process first. That is what I am having trouble finding information about at the moment.

Ok family reunion in Europe.
Currently you are still EU citizen so it applies to you as well.
1. you can try to import her accroding to your local UK law to UK first. (I guess, you can check that more or less for yourself). I would strongly suggest you to use this first.

2. to be able to import your spouse from so called 3rd country (No EU and no ETA country), you need to have an economical activity in that country first (for example work, not just work offer).
Secondly you need to walkthrough immigration process of that counry for your spouse (means to fill in all documents, interview and such stuff). There might be additional requirements there (for example in Germany, proof of basic level of German is needed for your spouse). And still there might be some limitation (for example she will not be issued work permit during her first year of stay there).
And you might be responsible for her expenses (proof of your funds to support her).

I do not know how the situation is in Spain, here it took 3 months to get approval for my husband after application was submitted. We went through extensive interviews, they took his fingerprints and I had to show enough funds to support him in the start. But since I was in the country of citizenship it was still easier, than to import him to other EU country.

You, as an EU citizen have right to travel and live anywhere, your spouse however is a different story.

Plus in the other EU country your spouse will only get temporary stay permit limited to your economic activity (it can be later on exchanged for permanent residency, if you fullfill stay in criteria).

 

[ThreeFive]

Thanks very much. this is all useful information and much appreciated. there is still one thing I am not sure on: namely whether or not I can go to Spain from Canada directly. i.e. What are the Canadian rules? since I know it will be possible to bring her to Europe eventually by some means.

 

[canuck_in_uk]

Thanks very much. this is all useful information and much appreciated. there is still one thing I am not sure on: namely whether or not I can go to Spain from Canada directly. i.e. What are the Canadian rules? since I know it will be possible to bring her to Europe eventually by some means.

Contact CBSA, as they would be the ones responsible for removing her.