Withdrawing asylum case & chances of ever returning back to Canada?

[muno1997]

I came to Canada as an international student back in 2018. However, I couldn't continue my studies & filed for asylum in 2023. I am currently on a work permit waiting for my hearing. Unfortunately, my case isn't strong & my Lawyer is unreachable. I have decided to withdraw my case due to personal reasons. My sister is on a study permit & my fiance is on a post-graduate work permit in Canada now. Therefore, I have the following questions:

1. What is the process of withdrawing the case by myself?
2. Consequences of withdrawing asylum case v/s waiting for hearing to most probably be denied?
3. Will I ever be able to return on a Visitor visa at least to meet my sister, fiance & what can I present to prove I will leave?
4. If my fiance adds me to her Express Entry profile after we get married, will it jeopardize her PR?
5. Is there any possibility, she can bring me as a spouse while she is pursuing Bachelors? I heard Canada is only allowing accompanying spouse on Masters, PHD programs so, is that true?

 

[scylla]

I came to Canada as an international student back in 2018. However, I couldn't continue my studies & filed for asylum in 2023. I am currently on a work permit waiting for my hearing. Unfortunately, my case isn't strong & my Lawyer is unreachable. I have decided to withdraw my case due to personal reasons. My sister is on a study permit & my fiance is on a post-graduate work permit in Canada now. Therefore, I have the following questions:

1. What is the process of withdrawing the case by myself?
2. Consequences of withdrawing asylum case v/s waiting for hearing to most probably be denied?
3. Will I ever be able to return on a Visitor visa at least to meet my sister, fiance & what can I present to prove I will leave?
4. If my fiance adds me to her Express Entry profile after we get married, will it jeopardize her PR?
5. Is there any possibility, she can bring me as a spouse while she is pursuing Bachelors? I heard Canada is only allowing accompanying spouse on Masters, PHD programs so, is that true?

1. Suggest you post this to the refugee/asylum section of the forum
2. Withdrawing the claim will active a removal order and you will want to make plans to leave Canada
3. It will be difficult to return as a visitor or based on any other temporary status due to the withdrawn refugee claim. Best to assume it may not be possible.
4. As long as you leave Canada, no.
5. No. OWP is now limited to master's and PhD students.

 

[muno1997]

@scylla thank you so much for replying & answering all my questions.
I would be grateful if you could provide suggestions...

I still have few more questions as follows:

- Like you said after I withdraw my claim my chances to return to Canada are slim but when it comes to my asylum case being denied at hearing aren't the chances zero & moreover, getting banned by Canada? What are other consequences of refusal?

- As you mentioned my conditional removal order will become active once I withdraw so, would they not give me a Departure Order of 30 days first? Or not at all?

- To be honest, I was kept in the dark & was told this was the only way left to renew my Study Permit. As far as I am aware, Canada shares immigration information with 'The Five Country Conference (FCC) forum'. This will really look bad on my part as other countries will assume I make fraudulent claims. Not out of desperation to remain in Canada but I really want to rectify my mistakes by returning on a legal basis. That is why shouldn't I rather withdraw & leave?

- Once my Fiance lands as a PR & decides to marry me, can she sponsor me as a spouse in the future or would it be highly scrutinized?? Is there any chance to return then? Our relationship is legit & proofs are plenty.

 

[scylla]

@scylla thank you so much for replying & answering all my questions.
I would be grateful if you could provide suggestions...

I still have few more questions as follows:

- Like you said after I withdraw my claim my chances to return to Canada are slim but when it comes to my asylum case being denied at hearing aren't the chances zero & moreover, getting banned by Canada? What are other consequences of refusal?

- As you mentioned my conditional removal order will become active once I withdraw so, would they not give me a Departure Order of 30 days first? Or not at all?

- To be honest, I was kept in the dark & was told this was the only way left to renew my Study Permit. As far as I am aware, Canada shares immigration information with 'The Five Country Conference (FCC) forum'. This will really look bad on my part as other countries will assume I make fraudulent claims. Not out of desperation to remain in Canada but I really want to rectify my mistakes by returning on a legal basis. That is why shouldn't I rather withdraw & leave?

- Once my Fiance lands as a PR & decides to marry me, can she sponsor me as a spouse in the future or would it be highly scrutinized?? Is there any chance to return then? Our relationship is legit & proofs are plenty.

I'm not an immigration lawyer and cannot advise you on whether it's better to withdraw the application or keep it going. I also don't know the details of your case. Suggest you find a new lawyer to assist you if your current lawyer is not working out. Good luck.