Seeking asylum from Nicaragua but have family in Canada?

[Pcs9288]

Hello I'm trying to get more information for my fiancé. We currently live in nicaragua and not sure if most people are up to date on the news (over 300+ killed by the government and over 2,000 missing...and still going)

He has family in Canada but they were told early on when this started that unless he was physically hurt they could not take him and his 2 brothers to Canada. I wanted to know if this is accurate? Because things have gotten worse and have reached our town and they have started to threaten and kidnap young men from here.

What is the best route for him to take? How long does the process take as time is crucial now. And if things got really bad and he went to Costa Rica in the meantime would that affect him getting help from Canada?

Thank you in advance!

 

[Buletruck]

He/they have 2 options really. They can apply for a TRV and when they arrive in Canada, they can claim asylum, or they can leave Nicaragua for Costa Rica and apply to the UNHCR and be recognized as refugees (no guarantee they will be settled in Canada). Unless they are physically in Canada or a third country, there is no chance of gaining refugee status. They would also need to have a basis of claim that details why they are claiming asylum. Although it can be based on perceived danger, he/they must show how it affects them (not just 2300 missing or dead in a country of 6 million). There are related news stories that can be used, but he/they must also include efforts on their part to avoid/escape the problems and how they are threatened (news stories aren't enough). Keep in mind, once he claims asylum, he won't be able to return to Nicaragua. Given you are his fiancé, it is unlikely he could include you in his claim unless you are married or meet the definition of common law.

 

[Pcs9288]

He/they have 2 options really. They can apply for a TRV and when they arrive in Canada, they can claim asylum, or they can leave Nicaragua for Costa Rica and apply to the UNHCR and be recognized as refugees (no guarantee they will be settled in Canada). Unless they are physically in Canada or a third country, there is no chance of gaining refugee status. They would also need to have a basis of claim that details why they are claiming asylum. Although it can be based on perceived danger, he/they must show how it affects them (not just 2300 missing or dead in a country of 6 million). There are related news stories that can be used, but he/they must also include efforts on their part to avoid/escape the problems and how they are threatened (news stories aren't enough). Keep in mind, once he claims asylum, he won't be able to return to Nicaragua. Given you are his fiancé, it is unlikely he could include you in his claim unless you are married or meet the definition of common law.

Thank you so much super helpful. As for us not being married... I'm American how would that work later? I can just apply seperately for a Canadian visa when married? If he ends up there?

If say we have all the proper proof does it not help at all that he has family there?

 

[scylla]

Thank you so much super helpful. As for us not being married... I'm American how would that work later? I can just apply seperately for a Canadian visa when married? If he ends up there?

If say we have all the proper proof does it not help at all that he has family there?

Why don't you just sponsor your fiance on a K1? This is the best option for the two of you by far.

You being married or common law (living together) weakens his refugee application.

 

[scylla]

If say we have all the proper proof does it not help at all that he has family there?

No - having family doesn't help for the refugee stream. The refugee stream has nothing to do with having family in Canada. It's about proving you are in need of protection.

 

[Pcs9288]

Why don't you just sponsor your fiance on a K1? This is the best option for the two of you by far.

You being married or common law (living together) weakens his refugee application.

That would normally be my first option but because of the current situation they're not processing any visa applications and don't know when they will again

 

[scylla]

That would normally be my first option but because of the current situation they're not processing any visa applications and don't know when they will again

I think the K1 is still your most realistic option.

To claim refugee status in Canada, he would first need to secure a TRV. You can try applying for a TRV however the chances of refusal are likely extremely high. To claim refugee status from outside of Canada, he would need to move out of Nicaragua to another country and be officially recognized as a refugee there by either UNHCR or the state. This will take some doing and UNHCR may not refer him for resettlement in Canada (he doesn't get to pick where he is resettled, UNHCR picks).

 

[Nicaman]

My cousin and her family just arrived in Canada from Nicaragua with tourist visas.. She is a doctor and her husband is a private school teacher.. they do not feel safe in Nicaragua.. Could they apply for seek asylum as refugees if already here? How would they go about that? Thanks!

 

[scylla]

My cousin and her family just arrived in Canada from Nicaragua with tourist visas.. She is a doctor and her husband is a private school teacher.. they do not feel safe in Nicaragua.. Could they apply for seek asylum as refugees if already here? How would they go about that? Thanks!

Simply feeling unsafe in Nicaragua isn't grounds for an asylum claim and will result in refusal. They need a lot more than that to be successful. Applying for asylum is not to be taken lightly. A failed asylum claim will result in their removal and it will be extremely difficult for them to return in the future. Assuming they have strong grounds for an asylum claim and evidence to back up that claim, information on how to apply is here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada.html