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| Subject: Ways to stay in Canada |
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I hope you have some advice for me.
Here is the situation: Arrived in Canada one and half year ago with my common-low partner and my two kids (now 7 and 4) from one of the Caucasus countries and made refugee claim. I had no travel document, only ID car from my country, which I gave to the CIC officer. Also my common-law partner did not have valid travel document. We also do not have birth certificates for our children. I am currently in job preparation for int. trained accountants and we are on welfare. I do not have any criminal record. Today I got a letter that my refugee hearing is in two months. In case my refugee claim fails, are there other ways to get PR card? Even if win the refugee case, how can we apply for the PR card without the birth certificates of our children?
I would appreciate your thoughts about this matter.
[20-02-2013,21:15]
[**.246.63.24]
Peter |
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PUTTING CARRIAGE BEFORE HORSES (in reply to: Ways to stay in Canada)
Build your refugee case as strong as possible.
This is what you are in for. Why worry about what may transpire afterward?
The simple rule is that what you don´t have must be obtained. If they cannot be obtained, it could jeopardize the process or a letter explaining why must be obtained.
[21-02-2013,00:44]
[**.233.249.198]
Anonymous |
(in reply to: Ways to stay in Canada)
Hi anonymous,
Thank you for your response.
The reason why I want to know all the ways in advance is:
1. I do not have any poof in my refugee case. I will try to obtain something, but the statistic shows that I have very little chance in winning of case.
2. Some other ways to stay in Canada might require immediate action right now (e.g. application, documents needed, etc.)
3. I have to consider all possibilities beforehand and plan my near future accordingly. I think it would be unwise if I start to think what to do after I won or lost the refugee case.
Any other suggestion would be appreciable.
[21-02-2013,06:57]
[**.246.63.24]
Anonymous |
THANK YOU CANADA (in reply to: Ways to stay in Canada)
If your refugee case is unfounded or has credibility issue, one may assume that having applied asylum in Canada may be translated to an excuse just to come to Canada.
When someone has a refugee claimant status, it is entirely different from someone who is out of status (expired visa, etc). For those staying illegally, they may apply to stay permanently before getting removed under H&C .
If a refugee claimant eventual unsuccessful attempts to stay to Canada under H&C, it is a whole lot different twist to the case, that is , a rapid course correction which CIC is not into.
If you consider staying in Canada under FSW or H&C after your refugee case is denied, you have all the luck from this forum.
Thank you kindly.
[22-02-2013,13:53]
[**.233.249.198]
Anonymous |
(in reply to: Ways to stay in Canada)
Hi Anonymous,
Thank you for your response which gave me some hopes.
As I understood you I have to wait and if the IRB decision is negative I can apply for example for H&C. Do you mean we can apply for H&C even though we don’t have valid passports and birth certificates for our kids?
On CIC website I have read following statements: “You may only request H&C if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. H&C requests from temporary resident applicants will not be considered.” Do you mean even those who stay illegally can apply for H&C? I don’t quite understand, apparently because of my luck of English knowledge. Can you explain it further?
I also read this: “You cannot apply for H&C if you had a negative decision from the IRB within the last 12 months”. For those who entered Canada illegally it is 5 years. As I know after negative IRB decision a rejected refugee claimant has to leave Canada within 30 days, otherwise will be deported. How can than the rejected refugee claimant apply for the H&C after 1 year, or even after 5 years?
The CIC website says: “If you apply, this will not prevent or delay your removal from Canada—you must leave on or before the date stated on your removal order.” What sense does it than make to apply for H&C if I will be deported anyway?
Could you please explain me this, for me not understandable, law?
[22-02-2013,22:42]
[**.246.63.24]
Peter |
(in reply to: Ways to stay in Canada)
Anybody, who understands the H&C law please help me to understand it.
[22-02-2013,22:49]
[**.246.63.24]
Peter |
(in reply to: Ways to stay in Canada)
Peter
COMPASSION based on H&C factors has to be common sense.
Let us look at what you posted.
You claim you are from the Caucasus which could mean your from an EU country. You state you´re on welfare and that you are taking an accounting type course. That you have little evidence to support your refugee claim.
H&C applicants can get landed status if they have no passports as long as they have one original government document issued to them before they applied under H&C. There is NO ONE YEAR delay in submitting an H&C application when the Best Interests of The Child are a major concern.
Now why would an average Canadian feel they should show you compassion? Let us look at the common sense of your potential application.
You´re not supporting your family.
You´re not working.
You´re taking welfare.
You made an unfounded refugee claim.
You risked the safety of your children.
You could have probably won your refugee claim 20 years ago when there were problems in the Caucasus countries.
Where will you find sufficient funds being on welfare to pay the substantial processing fees?
Roy
cvimmigration.com
[23-02-2013,07:45]
[***.113.87.90]
Roy |
(in reply to: Ways to stay in Canada)
Hi Ray,
Thank you for response. I know you’re an expert in immigration matters and that’s why it is twice valuable for me.
I am already happy to know that the fact that we don’t have valid passports is not going to be a big hazard. I have ID card and my common-law partner has expired passport. It must be ok. But what about birth certificates of our kids? We don’t have any and cannot obtain either. Do we still have chances?
You wrote: “why would an average Canadian feel they should show you compassion?” Well, my kids are almost like Canadians. They don’t speak our, Georgian, language any more. I have to speak English with them. They are good students and Canada is already an icon for them. As for me, well, I came to Canada with ESL level 3, after about one and half year I have level 7. I know it is not a record achievement but it could be worst. I am, as I mentioned, in a job preparation program for internationally trained accountants and I have big chances to work as an accountant or a bookkeeper after I finished this program in July. My common-low partner also attends an ESL school even though she has only three hours for that while our small daughter is in Kindergarten. She started with 0 level and now she is on level 4-5. We make every effort to contribute in building of better Canada. Is that not what a country needs? I know until I have a job these are only empty words. But when I have a job do we have chances to be successful in H&C?
“You made an unfounded refugee claim.”-you wrote. I think you got me wrong. The fact that I mentioned that “I don’t have any proof in my refugee claim” does not mean that I lied, I don’t have any political problem or my life is not at risk. I do have political problems in Georgia and my life is at risk. I simply was not able to take any evidence with me because I had to escape as fast as possible, and now any contact with anybody in Georgia means danger of my and my family member’s lives. “You risked the safety of your children”-you wrote. I brought my children in safety from danger. Only reason I would apply for H&C or something else is that we cannot return to Georgia because our lives are in danger there.
Do we really not have any chances to stay here through any program if the refugee claim fails?
I would be thankful for any comments.
[23-02-2013,14:05]
[**.246.63.24]
Peter |
(in reply to: Ways to stay in Canada)
Sorry Roy, I made a mistake in writing of your name. I am sorry about that.
[23-02-2013,14:08]
[**.246.63.24]
Peter |
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