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Refugee's sponsored family members visiting home country

Discussion in 'Refugees and Asylum' started by Ludin, Dec 9, 2015.

  1. After reading your explanation and on the very last line it seemed you are not a refugee (and angry for some reason after you acquired it) but just want to immigrate. so basically you're free to go back to your home country and loose your refugee and PR status since you dont need it at all. more of, forget about citizenship.

    Because the law is very clear about refugees are not advised to go back to their home country: http://yourlegalrights.on.ca/common-question/how-can-refugee-lose-their-status-canada

    My advice you can try to come back to Canada and immigrate through EE or FSW if you just want to reunite with your partner. keep us posted :)

    PS: why you want to sue Canadian government for your "distress" when Canada gave you a status that so many people need it the most (read: refugee) and in fact you signed all the application documents in the first place?
     
  2. I assume you can never imagine my situation, so that's why your reply seems a little bit harsh.
    You probably have never chosen between your parents and your partner. I am glad that you haven't, because it's a horrible situation to be at. Even though, I do not have to explain myself to you, but I thought it might help others to see how this law could affect someone's life.

    I was 20 when I met my partner, a year and a half later he was under the raider of government officials where he decided to leave the country before the government captures him. so he went to a neighboring country and claimed to be a refugee claimant at UNHCR. Back then I accompanied him to that country but I did not apply for refugee protection because I couldn't sever my ties with my parents which we had a close loving relationship. After contemplating our situation, we decided to separate temporarily and reunite after he got to Canada. meanwhile, I visited him in that neighboring country when I had enough money. almost 2 years later when he arrived in Canada, he told me that there is an option where I can reunite with him on the mere basis that I could provide enough documents that I am his common-law partner. he specifically told me that as I wouldn't personally claim to be in danger I won't be considered as a refugee.

    yes, I signed all the forms. However you should know, I did sign the section which I declared that I am not the refugee and I am only a non-accompanying family member of the principal applicant, moreover, on the section that I was supposed to answer whether I can go back to my home country, I clearly replied YES I CAN.

    I mailed the forms and 9 months later, When I was asked to the embassy to collect my visa, no one told me about my status, In fact, they told me that if I have plans to visit my home country prior to my departure to Canada I am allowed to do so but they advised me to let them know about it. that was it.

    I was happy to finally reunite with my partner after 2 years of separation until I arrived here and I noticed my immigration status as "CR1", which was the same as my partner's. I refused government assistance and I told them there must be a mix-up because to my knowledge as I am not a refugee, I don't regard myself as entitled to the privileges of a refugee.

    Why I was considering suing the government? Because someone in any stage of my application must have told me or my partner about my conferred status and the subsequent restrictions, which caused me this much distress. Or, if the objective of this law was to protect the integrity of refugee program how could putting such restrictions on family members of a refugee could help the government to achieve its objective, where family members have never been in the same danger?!

    It is not all black and white! My partner wanted to see me and I wanted to see him and to our understanding, this process would have been our chance for a quick reunition like thousands of regular spouse sponsorship cases.

    Now I find myself in a situation where I have to choose between staying here with my partner or returning to my home country and try other ways to immigrate, which at least would take a year or two...
    I have canceled my current plans to visit my family and I decided to keep trying to build a life here with my partner until I become a citizen when I can go back and visit my family. But if something bad happens to my parents and I have to go back to my home country, that's equal to risking the stability of my relationship with my partner and also the life I am trying to build in this country.

    I am depressed, My family has put me in an impossible situation, asking me to visit them and when I told them that I have canceled my plans, they asked me why I am not going to visit them? I can not simply explain my situation to them, you know why? because they don't know about my sexual orientation and I love them so much that I don't want to hurt them.(where I am coming from haveing a homosexual son is the greatest shame for a family) In a subconscious level, I am starting to resent my partner because as the most experienced party in our relationship (he is 7 years in my senior) he should have foreseen this before he applied for my visa. I don't trust him like I used to... this simply is ruining my relationship with him.

    Anyway, Please do not judge me or anyone else where you can not possibly understand their situation. try to perceive some one's situation before you make snap judgments
     
  3. Hello,

    Thank you for all the info. My case is a little different.I applied for refugee status and was denied.My appeal was also denied.Meanwhile, my wife applied separately with my BOC and was approved.She has now sponsored me for PR.Before we get PR, she is protected and I am not. With this peculiar case, am I free to travel to my home country when I get PR under her sponsorship?
     
  4. what if we both applied for refugee and i'm the principle and both we have fear, she got accepted and I (principle) got rejected but i applied for pr under her name. once i get my pr can i travel back home since they said i'm lying and only she has the fear and i have the refusal letter for the claim and the appeal as well. please advice
     
  5. What if the rejected me and approved my wife and i got my pr after she inculded me in the pr app, can i visit back home??
     
  6. Hello everyone.

    Ok so i have a question, if i came to Canada with my mother when i was a minor as a dependant and she applied for refugee and she was the aplicant “Principal”and she was the only one in danger i was just a kid. She never went back home and got her citizenship. But me insted i went back home to see my sick Dad he was almost dying, will this affect me in the future to get my citizenship? Am i consider a refugee as well? and i cant travel back home? Or because im not the principal in the application just a Dependant i can go with no Problem.
     
  7. I also found this online.


    A Refugee Protection Division (“RPD”) panel concluded that Ms. Esfand formed part of her husband’s application not as a refugee claimant, but as a dependent of her husband (para 6). The RPD also found that the Minister’s representative was wrong in asserting that when a principal claimant is granted refugee protection, all the other claimants are granted refugee status by virtue of the finding on the principal claimant (para 7). The Minister then appealed the RPD decision to the Federal Court.
     

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