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| Subject: Question to Balwant |
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Hello,
If someone has claimed refugee status at POE and then got married to a lady PR of Canada in a few weeks of his arrival to Canada, is he allowed to apply for family sponsorship (inland) at the same time or should he wait till the final decision of his claim? Apparently this was planned in advance between the two of them, as no one would seek refugee, seek safe heaven for his life and then suddenly fall in love and get married in a week or two. Would this have negative impact on his refugee claim. NB he is NOT from those countries of ligitimate or genuine refugees. So refusal or failure is the likely outcome.
Your comment is haighly appreciated...scenario will continue. But take it seriously as this is a true story.
[21-10-2007,21:11]
[**.109.34.53]
SutarB |
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(in reply to: Question to Balwant)
SutarB,
His Refugee claim will certainly be refused if he cannot prove that his life would be in danger if he returns to his home country.
Lots of documentation and evidence are needed for this.
He cannot apply for inland Family Sponsorship whilst a refugee claim is being made, he has to wait for the decision of the Refugee Board.
CIC does not allow for two Permanent Residence applications simultaneously.
Alternatively, he can abandon the Refugee claim and then apply under the Family Class sponsorship as you said.
But this can be a difficult case too, as he has to prove that the relationship is genuine, such as joint lease, bank accounts, joint/beneficiaries insurance policies, living toghether etc.
My personal comments: I do not think anyone should abuse the Canadian Refugee system, seek alternative ways to get your PR. The Refugee system was set up to help genuine refugee claimants and you cannot hood winked the IRB so easily.
www.canadaimmigrationbpa.com
[21-10-2007,21:33]
[**.158.148.181]
Balwant |
(in reply to: Question to Balwant)
Thanks,
He lives with his wife. Wife got pregnant and they have a kid now
[21-10-2007,22:14]
[**.109.34.53]
SutarB |
(in reply to: Question to Balwant)
He can let his wife sponsor him now and withdraw the Refugee claim.
www.canadaimmigrationbpa.com
[21-10-2007,22:42]
[**.158.150.87]
Balwant |
(in reply to: Question to Balwant)
Thanks agaian Balwant,
Please do not take this as as Queezing session. It is a real case and I will go through with you and anyone interested. It may take 2-3 threads to finish.
Now
What if someone said" Balwant you are giving the bad advice. Every refugee claimant has signed for immediate deportation/departure once his application has failed or withdrawn. There is no guarantee that the CBSA would wait for him to send family sponsor application because he would be automatically out of status after the withdrawal of claim". The inland application, even after the Feb 2005 change of law, is no way to protect the non status spouse. The second note is this: "would his suspcious refugee claim,& immediate marriage after arrival affect negatively his spousal application and make his sponsorship as a marriage of convenience to gain status in Canada?" Or" having the child and living together would make the magic?
Then someone would ask "ohh, so why should we suffer by waiting in the long endless queue of the normal legal channel of immigration applications? the short cut is to do the same?
Please remember this almost a real life case. Let us make it as a " workshop" module.
Thanks you again and also for every input from anyone.
[21-10-2007,23:07]
[**.109.34.53]
SutarB |
(in reply to: Question to Balwant)
What do you mean by, "this almost a real life case". I thought you said it was real life.
"Workshop module", are we in a seminar or a classroom?
I have contributed enough on this topic, I would like someone else to make their contributions. It is a good topic, very interesting but lets hear what others have to say?
www.canadaimmigrationbpa.com
[21-10-2007,23:38]
[**.158.149.88]
Balwant |
(in reply to: Question to Balwant)
Balwant,
Sorry for the quick typo. Yes it is a real life story. As I said everyone is welcome to make contribution. I think you still owe me the comment on my last reply above. When I go step by step I am sure it would be interesting for anyone. It is a life experience.
[21-10-2007,23:50]
[**.109.34.53]
SutarB |
(in reply to: Question to Balwant)
We have discussed this many times where a person is out of status and they get married and apply for PR.
Remember the student case when we had a heated debate/argument?
It does not mean that you will be successful for whatever you apply for, it all depends on documentation and evidence provided to back up your claim.
CIC must be informed if you back out from one category and select a next category for your PR.
This will however raise alarm bells with CIC.
www.canadaimmigrationbpa.com
[22-10-2007,00:09]
[**.158.149.88]
Balwant |
(in reply to: Question to Balwant)
Thanks Balwant,
The student case is totally different. The student is the person who is admitted legally to Canada in a student visa. He/she pays fees and boost the economy and the educational institutions in Canada. The students education in Canada make them more favourable to stay as skilled persons. It is natural, though can be manipulated, that a student can fall in love with some Canadians during the one-2-4 years study course. The most important point with the student is the IDENTITY & References with the minimal security check before they can be admitted.
When you compare this with a refugee case, you will find differences. The IDENTITY is a big question mark. The background check is another question mark. What is not clear for me is the passport issue and other ID. I heard that the Refugee Board detain the passports and other IDs of the claimants till the case is finalised. If that is correct, then how could they get married? with which Identity they register their marriage?
The other important question is this:"the wife in only PR, not citizen. So if the whole story was planned in advance would this affect her status as PR and her future application for citizenship? or do we think the change of law of Feb 2005 is made to accomodate and tolerate even those with illegal entry or without IDs?"
[22-10-2007,08:25]
[**.109.11.108]
SutarB |
(in reply to: Question to Balwant)
They do keep your original passports. They also issue a document with your photo at the time they keep your passport.This document, your Driver´s licence or an ID card can help idrntify you.
How did the Refugee guy arrived? He had to have a visitor´s visa as most do.
This would not affect the Sponsor´s PR or application for Citizenship, however, if she knowingly encouraged fraud in the Immigration system, it may affect her. This is hard to prove in most cases.
As you have known or heard, there are a lot of fairy tale stories that passes through the system in spite of all the laws and regulations. People are very innovative in how to beat the system, that is, in real life situations.
www.canadaimmigrationbpa.com
[22-10-2007,11:08]
[**.158.151.85]
Balwant |
(in reply to: Question to Balwant)
Balwant
thanks. we are still in the beginning of this true life story.
He came fromn the US. he was in US illegally for long. How did he do that I have no idea. But he arrived a few months before the third safe country treaty took effect.
Do u mean his refugee ID issued by Refugee board can be accepted as an ID for Canadian marriage even if his real ID was in doubt?
Please can we continue in a new thread? do not get bored quickly...the story is still exciting. more to come !!!
[22-10-2007,12:29]
[**.109.11.108]
SutarB |
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