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Validity of Student permit after refugee claim denial

shaheersinn

Star Member
Jan 23, 2016
196
32
Visa Office......
CHC Islamabad
App. Filed.......
16th Feb 2016
Doc's Request.
No request
Med's Request
29th May 2016
Med's Done....
6th May 2016
Interview........
Waived off
Passport Req..
10th July
VISA ISSUED...
25th July 2016
LANDED..........
Scheduled on 12th Aug
Hello guys

I've applied for a refugee case here in Regina, Saskatchewan. I have a student permit too with me. Many people had advised me not to claim refugee status here as I already had my student permit but I still went on and committed a blunder. I realize my mistake now. Not because my refugee case is not genuine but because I'm worried what if the claim is denied. I want to complete my studies here and settle here hopefully in future.

So I want to ask one question only. In case my refugee claim is denied will my student permit be cancelled too ?

Or can I stay with my student permit in Canada ?

Secondly, if I withdraw my case before the eligibility interview, will they return my passport and let me continue my studies here ?

Please tell me if there any other options available except appeal in the court.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
http://www.cbsa-asfc.gc.ca/security-securite/rem-ren-eng.html

Refugee Applications and Removal Orders

If you are a refugee claimant, you will receive a conditional Removal Order. If your refugee claim is accepted, the Removal Order is cancelled. If your refugee claim is rejected, the Removal Order comes into force. Once all avenues of recourse are exhausted, you must leave Canada immediately.
 

shaheersinn

Star Member
Jan 23, 2016
196
32
Visa Office......
CHC Islamabad
App. Filed.......
16th Feb 2016
Doc's Request.
No request
Med's Request
29th May 2016
Med's Done....
6th May 2016
Interview........
Waived off
Passport Req..
10th July
VISA ISSUED...
25th July 2016
LANDED..........
Scheduled on 12th Aug
canuck_in_uk said:
http://www.cbsa-asfc.gc.ca/security-securite/rem-ren-eng.html

Refugee Applications and Removal Orders

If you are a refugee claimant, you will receive a conditional Removal Order. If your refugee claim is accepted, the Removal Order is cancelled. If your refugee claim is rejected, the Removal Order comes into force. Once all avenues of recourse are exhausted, you must leave Canada immediately.
Thanks for your answer. If I withdraw my case before the eligibility interview, will I still be issued a removal order ?
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
shaheersinn said:
Thanks for your answer. If I withdraw my case before the eligibility interview, will I still be issued a removal order ?
As I understand it, you have already been issued a removal order but it is on hold while the refugee claim is processed. I have no idea what happens to the removal order if you withdraw your refugee claim.
 

Buletruck

VIP Member
May 18, 2015
6,687
2,531
I would think if you withdraw your refugee claim, the removal order will go into immediate effect. I doubt they remove the order because you withdraw your claim. My little brain tells me that if you withdraw your claim, your previous student visa would be immediately suspect and they would move forward with removal.
 

betteka

Hero Member
Dec 11, 2015
232
13
shaheersinn said:
Hello guys

I've applied for a refugee case here in Regina, Saskatchewan. I have a student permit too with me. Many people had advised me not to claim refugee status here as I already had my student permit but I still went on and committed a blunder. I realize my mistake now. Not because my refugee case is not genuine but because I'm worried what if the claim is denied. I want to complete my studies here and settle here hopefully in future.

So I want to ask one question only. In case my refugee claim is denied will my student permit be cancelled too ?

Or can I stay with my student permit in Canada ?

Secondly, if I withdraw my case before the eligibility interview, will they return my passport and let me continue my studies here ?

Please tell me if there any other options available except appeal in the court.
Hi, I have study permit too when I applied for refugee claim and the IRCC officer told me that YES every refugee claimant will have to leave Canada once their refugee claim has been refused due to the letter of removal everyone signed during the eligibility interview.

However, for those with Study Permit allowed (I repeat, ALLOWED) to stay until the end of their study visa. You can still studying even if your refugee claim is refused.

Having been said, you probably will have problem to come back to Canada in the future due to your unsuccessful refugee claim.
Appeal is the only way to continue your refugee claim once it has been refused.
 

Akhenatonbta

Star Member
Jan 29, 2020
63
40
Hello guys

I've applied for a refugee case here in Regina, Saskatchewan. I have a student permit too with me. Many people had advised me not to claim refugee status here as I already had my student permit but I still went on and committed a blunder. I realize my mistake now. Not because my refugee case is not genuine but because I'm worried what if the claim is denied. I want to complete my studies here and settle here hopefully in future.

So I want to ask one question only. In case my refugee claim is denied will my student permit be cancelled too ?

Or can I stay with my student permit in Canada ?

Secondly, if I withdraw my case before the eligibility interview, will they return my passport and let me continue my studies here ?

Please tell me if there any other options available except appeal in the court.
Hey, what did you do? What happened with your story? I have a similar situation and I would like some answers. Thank you!
 

Farahhamdi

Newbie
Feb 24, 2020
7
0
i search for this answer since one month , i want to apply for refugee claim but i am not sure about my study visa status now and latter if my claim can be refused or accepted
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
i search for this answer since one month , i want to apply for refugee claim but i am not sure about my study visa status now and latter if my claim can be refused or accepted
If you are currently studying in Canada it would be much safer to keep studying, apply for PGWP and work and then apply for PR. That way you have much more control over your ability to get PR.
 

jddd

Champion Member
Oct 1, 2017
1,517
565
anyone has an update or specific answer actually i consult 3 lawyers. no one has a specific answer.
Your study permit will be cancelled. If your refugee claim is also rejected, you will be asked to leave the country.
If you already have a student visa, I would suggest going to school and completing it so that you can be eligible for a PGWP. Claiming asylum does not give you domestic tuition rates if you want to keep studying.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I hate the school. I don’t want to study i want to work
How its difficult to find a decent Job
Getting asylum is far from easy. Have you consulted a few lawyers about your chances of receiving asylum? Getting a job as an asylum seeker may also not be easy. Applying for asylum means not travelling to your home country for 6+ years but it could easily be a decade. Your family members will have difficulty getting visas to visit, study or work in Canada for fear they will also claim asylum. If you asylum request is denied you could eventually end up being deported and then you will have difficulty traveling to numerous countries around the world. There are some significant consequences and claiming asylum should be a last resort.
 

Farahhamdi

Newbie
Feb 24, 2020
7
0
I have DBA from SBS
I Don’t know how to make the equalization. May i take 3 or three subject and have it accredited from canada