Syrian family living in the US seeking help to move to Canada as refugee

[SEEKING_PEACE]

My wife and two kids (6 years and 19 years old) entered the US with a visit visa in Sept 2015 and applied for an asylum in the US in October 2015. I’m currently living in the UAE and unable to obtain a US visa. We were forced to do this since I would not be able to sponsor my son who was 17 then “as per the new UAE residency rules” which means that going back to Syria and then he’ll be forced to serve in the Syrian army. I have not been able to see my family for a year and half.

With the new regulations in the US, it is impossible to get a visa and see my family. Therefore, we are seeking help to see if my family can enter Canada and apply for refugee asylum and get a PR and hopefully reunite.

 

[scylla]

You'll need to research the Safe Third Country Agreement to see if your family qualifies under one of the exceptions. If you have family in Canada, they may qualify to seek refugee protection here.

If they are able to come to Canada and claim refugee status, you should unfortunately still expect it will be quite a long time (likely over a year) before you can be reunited with them - unless you already have an approved visitor visa to Canada.

 

[Rob_TO]

As mentioned there is a safe 3rd country agreement in force, basically meaning your family can't legally claim asylum at Canada border unless they already have family living in Canada.

Else the only way to do it is the illegal way: https://www.thestar.com/news/canada/2017/04/19/illegal-border-crossings-into-canada-continue-to-rise.html

 

[SEEKING_PEACE]

Thank you for your replies, my wife's ant had recently obtained her PR, Would that help.

 

[Rob_TO]

Thank you for your replies, my wife's ant had recently obtained her PR, Would that help.

Yes, if the Aunt is a PR of Canada and currently living in Canada, that would qualify as exemption to safe 3rd country agreement so your wife and family could claim asylum as Canada land border.
http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp#family

Make sure they have her aunt's contact info on hand, as I'm sure CBSA will want to verify with her.

 

[SEEKING_PEACE]

Hello everyone,
My wife and kids had their interview and unfortunately were rejected; the judge decided said that "the asylum claimants have no need for protection"; she also said that they can go to UAE and Syria which is not correct and our lawyer was not prepared by support documents.

They filed an appeal and now we are waiting. The problem is I haven't seen them since 2.5 years and my 6-year old son is impatiently wanting to see me; is there a way I can at least visit them in Canada. Although I don't have an intention to move to Canada at least now; If I apply for immigration to Canada will I have a chance knowing that I'm 52-years old and my assessment score was 66 (will I get points for them being in Canada and they are currently waiting for the appeal hearing).

 

[vensak]

You can only get points for family that already has legal status in Canada - being either PR or Canadian Citizen (which would not be the case).
However you can get points for that aunt of your wife to cross the 66 points barrier (unlike CRS points where only siblings do count, for the first pool access more relatives do count).
In addition you can also check if there is any PNP paper based program where you can qualify.

Be also prepared, that failed asylum claim in USA will make it more difficult to obtain asylum in Canada (they will ask for details and reasons why you could not persuade the judge in USA).
Did your family tried to appeal against the decision in USA (they do have right to do that).
Be also aware that currect rejection in USA will make it close to impossible for you to get any type of temporary visa to Canada or USA.

 

[scylla]

Hello everyone,
My wife and kids had their interview and unfortunately were rejected; the judge decided said that "the asylum claimants have no need for protection"; she also said that they can go to UAE and Syria which is not correct and our lawyer was not prepared by support documents.

They filed an appeal and now we are waiting. The problem is I haven't seen them since 2.5 years and my 6-year old son is impatiently wanting to see me; is there a way I can at least visit them in Canada. Although I don't have an intention to move to Canada at least now; If I apply for immigration to Canada will I have a chance knowing that I'm 52-years old and my assessment score was 66 (will I get points for them being in Canada and they are currently waiting for the appeal hearing).

You would need a TRV to visit them. However given their status in Canada, I can't imagine a TRV is going to be approved.

 

[SEEKING_PEACE]

You can only get points for family that already has legal status in Canada - being either PR or Canadian Citizen (which would not be the case).
However you can get points for that aunt of your wife to cross the 66 points barrier (unlike CRS points where only siblings do count, for the first pool access more relatives do count).
In addition you can also check if there is any PNP paper based program where you can qualify.

Be also prepared, that failed asylum claim in USA will make it more difficult to obtain asylum in Canada (they will ask for details and reasons why you could not persuade the judge in USA).
Did your family tried to appeal against the decision in USA (they do have right to do that).
Be also aware that currect rejection in USA will make it close to impossible for you to get any type of temporary visa to Canada or USA.

I appreciate your help and information. My family was not rejected in the US, they actually left the US due to the fact that it was taking so long and I was not able to obtain a US visit visa to see them, it had already been two years since I saw them in person. That's why we made the move to Canada thinking that we can end this unbearable suffer especially for my little son.

 

[scylla]

I appreciate your help and information. My family was not rejected in the US, they actually left the US due to the fact that it was taking so long and I was not able to obtain a US visit visa to see them, it had already been two years since I saw them in person. That's why we made the move to Canada thinking that we can end this unbearable suffer especially for my little son.

Did they actually withdraw their asylum claim in the US? Or did they simply abandon it? Hopefully they withdrew the US claim.

 

[vensak]

I appreciate your help and information. My family was not rejected in the US, they actually left the US due to the fact that it was taking so long and I was not able to obtain a US visit visa to see them, it had already been two years since I saw them in person. That's why we made the move to Canada thinking that we can end this unbearable suffer especially for my little son.

Be prepared that waiting time in Canada is long as well. And again before they are approved, you can forget about any TRV for you.
Scylla,
If I guess correctly, abandoning refugee claim in USA will be a very bad signal, point to the country shopping.

 

[canuck78]

Given that you can live abroad without needing asylum why would they not be able to live with you? Asylum shopping and the fact that you seem to be living and working in the UAE and do not require asylum would likely be the reason they were refused.

 

[rish888]

Given that you can live abroad without needing asylum why would they not be able to live with you? Asylum shopping and the fact that you seem to be living and working in the UAE and do not require asylum would likely be the reason they were refused.

The UAE does not have any sort of permanent residence or a path to citizenship. All non-citizens are temporary residents who are sponsored by an employer and live on renewable 1 or 2 year permits. If you loose your job, your visa gets cancelled and you get sent back home, regardless of where that home may be.

As per current regulations, male children above 18 can't be sponsored by their parents.

 

[canuck78]

The UAE does not have any sort of permanent residence or a path to citizenship. All non-citizens are temporary residents who are sponsored by an employer and live on renewable 1 or 2 year permits. If you loose your job, your visa gets cancelled and you get sent back home, regardless of where that home may be.

As per current regulations, male children above 18 can't be sponsored by their parents.

Yes I know that but hard to justify that the father doesn't need asylum while the wife and children do with the same logic. They seem to have young children

 

[SEEKING_PEACE]

Given that you can live abroad without needing asylum why would they not be able to live with you? Asylum shopping and the fact that you seem to be living and working in the UAE and do not require asylum would likely be the reason they were refused.

Thank you for your response; it's not like you might think "asylum shopping" we are actually desperately shopping for a settlement peaceful living where we can live together my wife, children and myself without having to worry when my temporary living in the UAE will end especially since there had been many deportation for people of same circumstances as ours which led to having only one option which was to go back to Syria.

It's true that I'm living and working here in the UAE but unfortunately there is no certainty of continuing to live here especially since my work contract is a yearly renewable contract. If god forbid it's not renewed I would have no option but going back to Syria. On top of that I tried getting my son whose 19-years old and living with my wife in Canada, I tried getting him a visa but it was rejected due to his age his nationality and him being above 18.

My wife and kids moved to Canada to end this suffer of being separated for over 2.5 years. I'm a US graduate and never thought of settling in the US or Canada; had high hopes on living in our region but I was proved to be wrong and do not want my children to make the same mistake that I daily regret for not considering settling in a country that does care about its people.