Refugee's sponsored family members visiting home country
- Thread starter Ludin
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Thanks for the quick reply. One more question. When a refugee claimant's family is given a permanent resident status upon him / her receiving their PR status. I am not sure if they would fall under the sponsored category or not? Because they were not actually sponsored by the refugee claimant, rather given the PR or landed immigrant status by the Immigration.PMM said:
Would the family members fall under the refugee status? Or that status only applies to the person who claimed refugee upon entering Canada?
NO they are not under sponsored category and yes you are correct they are not sponsored by the refugee/protected person. they get their PR status as dependents of the principal applicant. sponsorship category is all the way different in which the sponsor has to met certain requirements and also sign Sponsorship Agreement and Undertaking to support them in Canada.Ludin said:
caution is my advice here.I know a number of cases in court because dependant of a protected Person after securing their PR Travelled back and had issues because under Harper it was claimed that since they derived their status under a Refugee,they will also be restricted however,you can contact and experienced refugee Lawyer to advice in addition,you can call immigration to know their thought
Do not worry, dependant of refugee claimant can freely travel home country. This had been clear in a recent federal court case of Esfand the iranian lady that went back to visit Iran and she was dependant to her spouse who fled Iran for political conflict with Iranian government.Ludin said:
Ok. I am a bit confused of the replies. Can you please clarify more?
I was the principle applicants on our Refugee application while my wife was dependent on my application but we both were on the refugee application and did the interview and got Refugee Status.
We now have two beautiful children. The question is, Can the Canadian kids (obviously YES) and my wife go back to our home country without any legal issues? The most important part is my wife. Will she have any issues coming back or in the future be questioned?
Thank you
I was the principle applicants on our Refugee application while my wife was dependent on my application but we both were on the refugee application and did the interview and got Refugee Status.
We now have two beautiful children. The question is, Can the Canadian kids (obviously YES) and my wife go back to our home country without any legal issues? The most important part is my wife. Will she have any issues coming back or in the future be questioned?
Thank you
Can someone help me out please!?!? I would like to travel back to my homeland but don't know if it's a good idea since I was a dependent under a refugee claimant application. Would my PR be taken away from me?
I am in need of legal advice regarding the possibility of "cessation".
I have become a permanent resident over 6 months ago by my arrival to Canada via "one-year window of opportunity" program. I am planning to visit my family in my home country for two weeks in January. I have already purchased my ticket, However, I just found out about the risk of "cessation" which applies to all the permanent residents with refugee status.
Family members acquire their status from their principle applicant, therefore It is obvious that I was given a refugee status, even though I was living freely in my home country while I was waiting for my visa and I have never claimed that I cannot go back to my home country in any part of my application. My refugee status (CR-1) was derived from my common-law partner's status as Convention Refugee (CR-1). To give you a better perspective I can say that my case is somehow similar to Ms.Esfand's case (Canada (Citizenship and Immigration) v. Esfand, 2015 FC 1190). In conclusion, after doing my research, I decided to get legal advice before I proceed with my travel plans. So my questions are as follows:
1-Could the federal court decision on Ms.Esfand's case,be considered as the precedent case to any similar cases?
2-All the federal cases regarding "cessation" are now discontinued, what does that mean?
3-Based on my situation and the precedent case would I still face the risk of "Cessation" by traveling to my home country?
4-If the answer is no, would I face any delay in my citizenship application due to a possible "cessation" order? Or as there is a precedent case, CIC finds it unreasonable or impractical to go after similar cases?
5-If the CIC issue a cessation order, how long the courts usually last? How much time and money (for legal assistance) I might need to consider?
6-Is it possible to sue the government for the incomprehensive law which gave me a refugee status which I didn't ask for and neither I was eligible in the first place! All I wanted was reunition with my partner.
7-can I sue the government for compensation for my distress?
8-If the only thing that matters in "Cessation" cases, is the status not how it was obtained. What precautions I must take as a person with refugee status?
9-As I did not consider myself a refugee by definition, I paid for my plane ticket and medical exam myself, and I did not ask for government assistance when I arrived, I simply find it unethical to exploit the government’s generosity while I am not a person in need. But why I have to be treated the same as a refugee without benefiting from anything? This incomprehensive law just makes no sense! I don't want to give up my home country passport in order to get a Travel Document.
I have become a permanent resident over 6 months ago by my arrival to Canada via "one-year window of opportunity" program. I am planning to visit my family in my home country for two weeks in January. I have already purchased my ticket, However, I just found out about the risk of "cessation" which applies to all the permanent residents with refugee status.
Family members acquire their status from their principle applicant, therefore It is obvious that I was given a refugee status, even though I was living freely in my home country while I was waiting for my visa and I have never claimed that I cannot go back to my home country in any part of my application. My refugee status (CR-1) was derived from my common-law partner's status as Convention Refugee (CR-1). To give you a better perspective I can say that my case is somehow similar to Ms.Esfand's case (Canada (Citizenship and Immigration) v. Esfand, 2015 FC 1190). In conclusion, after doing my research, I decided to get legal advice before I proceed with my travel plans. So my questions are as follows:
1-Could the federal court decision on Ms.Esfand's case,be considered as the precedent case to any similar cases?
2-All the federal cases regarding "cessation" are now discontinued, what does that mean?
3-Based on my situation and the precedent case would I still face the risk of "Cessation" by traveling to my home country?
4-If the answer is no, would I face any delay in my citizenship application due to a possible "cessation" order? Or as there is a precedent case, CIC finds it unreasonable or impractical to go after similar cases?
5-If the CIC issue a cessation order, how long the courts usually last? How much time and money (for legal assistance) I might need to consider?
6-Is it possible to sue the government for the incomprehensive law which gave me a refugee status which I didn't ask for and neither I was eligible in the first place! All I wanted was reunition with my partner.
7-can I sue the government for compensation for my distress?
8-If the only thing that matters in "Cessation" cases, is the status not how it was obtained. What precautions I must take as a person with refugee status?
9-As I did not consider myself a refugee by definition, I paid for my plane ticket and medical exam myself, and I did not ask for government assistance when I arrived, I simply find it unethical to exploit the government’s generosity while I am not a person in need. But why I have to be treated the same as a refugee without benefiting from anything? This incomprehensive law just makes no sense! I don't want to give up my home country passport in order to get a Travel Document.