Time line for Permanent Residence application for Refugees

[Askhar131]

Guys I need help. What would happen to a PR holder who was a protected person if he asks for his international passport from IRCC and uses it to travel to a third country? Of recent, I have seen a lot of people using it and traveling to say UAE and back to Canada seamlessly. Would that be termed seeking the protection of your home country?

I thought it wasnt allowed to use the home country passport at all.

 

[RefugeeHelp1]

I thought it wasnt allowed to use the home country passport at all.

You should not, You can lose your PR. What people do not understand is that as a Refugee, you do not lose that status until you become Canadian citizen so even after you become PR you are still a refugee and not allowed to take the protection of the country you claim to be under persecution from

This person answered this question very well

https://www.canadavisa.com/canada-immigration-discussion-board/threads/time-line-for-permanent-residence-application-for-refugees.683967/post-10189962

They even showed some recent cases where a woman lost her refugee status after getting a passport and returning home.

This woman told the Judge that her dad was in jail, so the fear was no longer there but the judge said that does not matter and since the fear that made her file for protection is gone, she no longer needs it.

you lose your protection from Canada you also lose your PR too. if you want to travel to a different country get a PRTD and travel meet your family in neighbouring countries etc, but also if you meet too close to your home country CBSA will grill you when you get back to Canada.


Here are excerpts from the law

The term “re-availment” is often used when referring to a return to a country of persecution.Note119
The issue of reavailment can arise in the context of the Board's assessment of a claimant's subjective fear in the determination of a refugee claim .

Return to the country of nationality is the kind of re-availment that is most often discussed in the case law.

In Kabengele,Note121 Mr. Justice Rouleau, citing several cases, stated that it was reasonable for the Board to conclude that the claimant's return to the country where he allegedly faced persecution made it unlikely that he had a subjective fear

It is quite proper for the Refugee Division to take the plaintiff's actions into account in assessing his subjective fear. It is reasonable for it to conclude that the fact he returned to the country where he feared persecution makes the existence of such a fear unlikely (citations omitted)

In Ortiz Garcia,Note122 the Court held that reavailment typically suggests a lack of a subjective fear of persecution:

[8] Reavailment typically suggests an absence of risk or a lack of subjective fear of persecution. Absent compelling reasons, people do not abandon safe havens to returns to places where their personal safety is in jeopardy.

Similarly, in Kostrzewa,Note123 the Court stated:

[26] …As has been repeatedly held by this Court, a refugee claimant's re-availment to the jurisdiction in which he or she fears persecution or a type of harm contemplated by section 97 of the IRPA seriously undermines allegations of subjective fear, particularly in the absence of a compelling reason for such re-availment (Hernandez v Canada (Minister of Citizenship and Immigration), 2012 FC 197 at para 21; Ortiz Garcia v Canada (Minister of Citizenship and Immigration), 2011 FC 1346 at para 8; Mughal v Canada (Minister of Citizenship and Immigration), 2006 FC 1557 at paras 33-35; Natynczyk v Canada (Minister of Citizenship and Immigration), 2004 FC 914 at para 69).

 

[Knnan]

Hi guys. I received email for medical on July 19/2022
August 9/2022 - medical passed
August 11/2022 - I received pre-arrival letter
I called CIC office yesterday and the agent said my current status is on security check,
Please I am just wondering how long for security check & possibly what’s the next step.
Thank you

Hi
How you contact them?!

 

[RefugeeHelp1]

Hi
How you contact them?!

By

IRCC Webform

Or phone

(1-888-242-2100), from within Canada only, Monday to Friday, 8am to 4pm local time, except for statutory holidays).

 

[MOHAMMEDN]

You should not, You can lose your PR. What people do not understand is that as a Refugee, you do not lose that status until you become Canadian citizen so even after you become PR you are still a refugee and not allowed to take the protection of the country you claim to be under persecution from

This person answered this question very well

https://www.canadavisa.com/canada-immigration-discussion-board/threads/time-line-for-permanent-residence-application-for-refugees.683967/post-10189962

They even showed some recent cases where a woman lost her refugee status after getting a passport and returning home.

This woman told the Judge that her dad was in jail, so the fear was no longer there but the judge said that does not matter and since the fear that made her file for protection is gone, she no longer needs it.

you lose your protection from Canada you also lose your PR too. if you want to travel to a different country get a PRTD and travel meet your family in neighbouring countries etc, but also if you meet too close to your home country CBSA will grill you when you get back to Canada.


Here are excerpts from the law

The term “re-availment” is often used when referring to a return to a country of persecution.Note119
The issue of reavailment can arise in the context of the Board's assessment of a claimant's subjective fear in the determination of a refugee claim .

Return to the country of nationality is the kind of re-availment that is most often discussed in the case law.



It is quite proper for the Refugee Division to take the plaintiff's actions into account in assessing his subjective fear. It is reasonable for it to conclude that the fact he returned to the country where he feared persecution makes the existence of such a fear unlikely (citations omitted)

In Ortiz Garcia,Note122 the Court held that reavailment typically suggests a lack of a subjective fear of persecution:



Similarly, in Kostrzewa,Note123 the Court stated:

There is absolutely no harm requesting your original seized passport to keep it, because it belongs to you. However, it is not recommended to either renew it or use it. Doing so most likely will affect your situation as a PR under the convention refugee protection.

 

[Askhar131]

You should not, You can lose your PR. What people do not understand is that as a Refugee, you do not lose that status until you become Canadian citizen so even after you become PR you are still a refugee and not allowed to take the protection of the country you claim to be under persecution from

This person answered this question very well

https://www.canadavisa.com/canada-immigration-discussion-board/threads/time-line-for-permanent-residence-application-for-refugees.683967/post-10189962

They even showed some recent cases where a woman lost her refugee status after getting a passport and returning home.

This woman told the Judge that her dad was in jail, so the fear was no longer there but the judge said that does not matter and since the fear that made her file for protection is gone, she no longer needs it.

you lose your protection from Canada you also lose your PR too. if you want to travel to a different country get a PRTD and travel meet your family in neighbouring countries etc, but also if you meet too close to your home country CBSA will grill you when you get back to Canada.


Here are excerpts from the law

The term “re-availment” is often used when referring to a return to a country of persecution.Note119
The issue of reavailment can arise in the context of the Board's assessment of a claimant's subjective fear in the determination of a refugee claim .

Return to the country of nationality is the kind of re-availment that is most often discussed in the case law.



It is quite proper for the Refugee Division to take the plaintiff's actions into account in assessing his subjective fear. It is reasonable for it to conclude that the fact he returned to the country where he feared persecution makes the existence of such a fear unlikely (citations omitted)

In Ortiz Garcia,Note122 the Court held that reavailment typically suggests a lack of a subjective fear of persecution:



Similarly, in Kostrzewa,Note123 the Court stated:

Cessation is well known. IRCC should not be returning back the home country passport. Is there a reason why they return it back? Also when those people return back from UAE, the CBSA officer will know that UAE does not accept RTD and therefore the only way the traveller entered UAE was using their home country passport( leading to cessation)

 

[RefugeeHelp1]

There is absolutely no harm requesting your original seized passport to keep it, because it belongs to you. However, it is not recommended to either renew it or use it. Doing so most likely will affect your situation as a PR under the convention refugee protection.

Agreed, the question was not about requesting your passport.

 

[RefugeeHelp1]

Cessation is well known. IRCC should not be returning back the home country passport. Is there a reason why they return it back? Also when those people return back from UAE, the CBSA officer will know that UAE does not accept RTD and therefore the only way the traveller entered UAE was using their home country passport( leading to cessation)

In most cases IRCC does not return your passport, I never got mine back when I became PR and I never asked for it, because I do not need it to travel since I cannot use it. also you are so correct IRCC and CBSA is not stupid they know what countries accept our doc's and they also can get information form different countries as well.

They return it because it's your document.

 

[9990]

Hey guys,

I submitted to PR portal my photos and declaration on Aug 12 and since then it's still in review with IRCC. I haven't received my COPR. Do you guys have any idea how long would it take to get the eCOPR?

 

[Orlando_Best]

Hey guys,

I submitted to PR portal my photos and declaration on Aug 12 and since then it's still in review with IRCC. I haven't received my COPR. Do you guys have any idea how long would it take to get the eCOPR?

There’s no timeline for any of these things. It all depends on your case worker. However, I believe that it’s faster if you provide immediate response and action as those invitations are sent. It makes the staff to be on it instead of moving to a different file. Be rest assured you will get your eCoPR soon. Decision is already made.

 

[Marifali]

Good morning everyone
Can someone answer me please

1. Since when the processing time will count?


Received on may 31st 2021
Received correspondence acknowledging receipt june 30th 2021
Starting process July 30th 2021

which one is counting as processing time?

2.I called IRCC they said nothing onprocess at this moment but they told me I passed criminality check , is that really acount as a step or no ?
Thanks again

 

[RefugeeHelp1]

Good morning everyone
Can someone answer me please

1. Since when the processing time will count?


Received on may 31st 2021
Received correspondence acknowledging receipt june 30th 2021
Starting process July 30th 2021

which one is counting as processing time?

2.I called IRCC they said nothing onprocess at this moment but they told me I passed criminality check , is that really acount as a step or no ?
Thanks again

May 31, 2021.

Your processing time starts the day we receive your complete application and ends when we make a decision.
https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1474&top=3

 

[dzx]

Good morning everyone
Can someone answer me please

1. Since when the processing time will count?


Received on may 31st 2021
Received correspondence acknowledging receipt june 30th 2021
Starting process July 30th 2021

which one is counting as processing time?

2.I called IRCC they said nothing onprocess at this moment but they told me I passed criminality check , is that really acount as a step or no ?
Thanks again

They have your biometrics and used your fingerprints to confirm you never committed a crime, however you may still be asked to obtain a certificate later in the process.

 

[9990]

There’s no timeline for any of these things. It all depends on your case worker. However, I believe that it’s faster if you provide immediate response and action as those invitations are sent. It makes the staff to be on it instead of moving to a different file. Be rest assured you will get your eCoPR soon. Decision is already made.

I've provided photos and declaration the same day I received the invitation.

 

[Kimob]

Hi all,
a quick question:
I received an email including a PDF file asking to submit two of the forms that I already summited in the portal (additional family information and Schedule A). I linked my PR application to my GCkey account. but when I log in I dont see anywhere that I can upload those documents. it says no additional document required at the moment. So what was the reason they sent me that email? it says I only have 30 days to submit to avoid delays. !