Student Claiming Refuge

[aisha171]

I have some questions regarding claiming refuge in canada.... I applied for a student visa and got it and I am planning to claim refuge but I don't know where to claim at the port of entry or inside...If I claim at the airport I will need to do so in Montreal since I have a transit there and then I will be going to the province of Newfoundland and it is not advised to claim refuge in that province due to long processing and lack of professional help there.....If I claim refuge in Montreal how long will I be held there and when will I be able to go to NL and study since I have already paid the tuition and I don't want it to be wasted and studying is really important to me ( The University won't allow me to delay my studies a semester since I have arrived in Canada right?) Can a refugee study if so when because I am only arriving a day before my studies are to begin?
Another problem is that I heard the Montreal have a different immigration policy, is that true?

If the claim was made from inside Canada I heard that a person will be asked why didn't they make the claim as soon as possible and may get a refusal even if his/her story is authentic?

please don't hesitate telling me what you know even little will be useful

 

[Buletruck]

The refugee program is a federal program, so it makes no difference what province you claim in, processing times and processes are identical. There may be some differences in support available to claimant by province (legal aid, drivers licenses, etc) that are under provincial control.
I would expect your student visa to be cancelled once you claim, and your passport/ID seized. You may have difficulty with your plans to study. You may need to apply for a new study permit.
If you claim a few years down the road, yes,they will question the delay in application. If you apply in Canada within a reasonable timeframe (a couple of weeks) it shouldn’t be an issue.

 

[aisha171]

The refugee program is a federal program, so it makes no difference what province you claim in, processing times and processes are identical. There may be some differences in support available to claimant by province (legal aid, drivers licenses, etc) that are under provincial control.
I would expect your student visa to be cancelled once you claim, and your passport/ID seized. You may have difficulty with your plans to study. You may need to apply for a new study permit.
If you claim a few years down the road, yes,they will question the delay in application. If you apply in Canada within a reasonable timeframe (a couple of weeks) it shouldn’t be an issue.

Do you know if I can or if I am allowed to defer my studies a semester to arrive in Canada earlier and complete the process of claiming refuge and then start studyin in the next intake? or is it a must to start studying if I have arrived in Canada?

 

[canuck78]

The asylum process takes approximately 2 years at the moment. Much longer than a semester.

 

[aisha171]

The asylum process takes approximately 2 years at the moment. Much longer than a semester.

I already know that! what I meant is the process in which they consider you eligible or not to be aa refugee and after which you can apply for the study permit and start studying as a refugee. Not the whole process after which you are considered a Permenant Resident.

 

[canuck78]

I already know that! what I meant is the process in which they consider you eligible or not to be aa refugee and after which you can apply for the study permit and start studying as a refugee. Not the whole process after which you are considered a Permenant Resident.

It will take almost 2 years to get a hearing to see if Canada will accept you as a protected person. It is taking around 3 years after that to get PR. There are no study permit when you are an asylum seeker. You will likely be able to apply for a work permit while you wait for your hearing.

 

[Buletruck]

Refugee hearings to determine eligibility are currently taking 18-24 months due to the increase in refugees from the US. That's just to determine if you are eligible. Until then you would be a refugee claimant with no status in Canada.

 

[aisha171]

Refugee hearings to determine eligibility are currently taking 18-24 months due to the increase in refugees from the US. That's just to determine if you are eligible. Until then you would be a refugee claimant with no status in Canada.

But in the website it is written that it takes 60 days. And I know someone who has recently claimed refuge and her case didn't take long.

 

[Wonderland_1010]

But in the website it is written that it takes 60 days. And I know someone who has recently claimed refuge and her case didn't take long.

Processing time is different for each applicants. You should expect to wait for months to get a hearing.

 

[scylla]

But in the website it is written that it takes 60 days. And I know someone who has recently claimed refuge and her case didn't take long.

The vast majority of cases are taking significantly longer these days due to the number of refugee claimants. As others have said, you should expect that it will take 1-2 years before you get a hearing. Make sure you're prepared for the wait.

 

[aisha171]

The vast majority of cases are taking significantly longer these days due to the number of refugee claimants. As others have said, you should expect that it will take 1-2 years before you get a hearing. Make sure you're prepared for the wait.

In every province or just in Montreal?

 

[scylla]

In every province or just in Montreal?

Every province.

 

[Buletruck]

Still think you should just complete your education, apply for the PGWP and then apply for a PR.....probably get your PR in about the same time it takes as a refugee and without the worry of your claim being refused for the next 2 years! But that's just me.....

 

[aisha171]

Still think you should just complete your education, apply for the PGWP and then apply for a PR.....probably get your PR in about the same time it takes as a refugee and without the worry of your claim being refused for the next 2 years! But that's just me.....

I really apreciate your help and advice! but I think I have a strong refugee case. I can't return to my war-torn country and I am afraid I won't be able to find work as soon as I graduate and in this case I won't be able to go for PGWP?
And also the advantage of tuition since tuition will be lower as a refugee and I wouldn't have to pay these crazy amounts of money.

 

[Buletruck]

And also the advantage of tuition since tuition will be lower as a refugee and I wouldn't have to pay these crazy amounts of money.

Well, you will likely have to consider defering your education for a while until your claim is accepted before you get rates and your current tuition is probably non refundable as you have made the decision to claim as a refugee. Keep in mind that those are the sorts of things IRCC looks out for....people trying to gain advantage of the system for personal gain (not that I have any idea whether your claim is valid or not....that isn't my call). They are all factors that come into play when determining refugee status.