Applying for residence if refugee claim denied

[Peter83]

I recently arrived to Canada to study. But I have fear of returning to my country of origin because since I have been considered a defector I could have been subject to unequal treatment and punishment by law. I've heard about the refugee claim. Here are my two questions: If my refugee claim is denied could I be forced to abandon my studies under my study permit and forced to leave? Could this also prevent me from applying for residence under a different category in the future if applicable (PNP or CEC)? Thank you very much in advance for your help.

 

[salem10]

The answers of all of your question is YES. You can claim refugee, but if your case is refused, you will face deportation. Your statues will change to refugee claimant when you apply at CIC. Then, if eligible, they will refer your case to IRB. You statues will change from study permit to refugee claimant. You can continue your studies while waiting for your hearing. If you claim is accepted, that is good and you can live and apply for PR and do what you like. But if you case is refused, you will struggle to get stay here for your studies.
You should consults friends and may the international office at your University. They know a lot of these details. At the end you most likely need a lawyer for refugee claim. This is costly. In my case, I end paid about $4500 up to the hearing only.
My other suggestion is not to apply as long as you have valid study permit. If you end your studies and there is still risk at your home country, they apply.
The main question I faced, Is why apply when you have valid study permit?

You can apply for PR like skilled worker if you are eligible, but as refugee claimant you may cannot apply or PNP.
Hope the best

I recently arrived to Canada to study. But I have fear of returning to my country of origin because since I have been considered a defector
I could have been subject to unequal treatment and punishment by law. I've heard about the refugee claim. Here are my two questions: If my refugee claim is denied could I be forced to abandon my studies under my study permit and forced to leave? Could this also prevent me from applying for residence under a different category in the future if applicable (PNP or CEC)? Thank you very much in advance for your help.

 

[SenoritaBella]

In addition, I would suggest you speak to an immigration lawyer(not consultant) experienced in refugee claims. Most charge fees from consultations but it's worth it before you risk your student status.

 

[Peter83]

Thank you very much to both of you for your advice. I really appreciate it, this is a very important issue for me. The reason is very simple, family. The sooner I can rejoin with the the better.

 

[scylla]

Thank you very much to both of you for your advice. I really appreciate it, this is a very important issue for me. The reason is very simple, family. The sooner I can rejoin with the the better.

Rejoining family is not a valid reason to apply for refugee status. If this is your main reason for applying - then you will definitely be refused. You need to show that specific threats have been made against you and provide proof to support the claim that these threats against you have been made and/or your life is in danger.

A failed refugee claim will complicate your life greatly. Make sure you are truly a refugee before you apply. Definitely consult with a good immigration lawyer/consultant.

 

[Peter83]

Thank you very much for your comment. I totally agree with you. Rejoining with them is not the main reason here however they are suffering the consequence of my actions. I just want to put an end to that.

 

[SenoritaBella]

There are several immigration options available to students after graduation and work experience (e.g. Canadian Experience Class, Federal Skilled worker stream which re-opens in January 2013, Provincial nominee programs, Quebec skilled worker stream, etc) , so it's something to keep in mind as well(assuming paying tuition won't be a problem).

Thank you very much for your comment. I totally agree with you. Rejoining with them is not the main reason here however they are suffering the consequence of my actions. I just want to put an end to that.

 

[MMKGHOBRIAL]

I recently arrived to Canada to study. But I have fear of returning to my country of origin because since I have been considered a defector I could have been subject to unequal treatment and punishment by law. I've heard about the refugee claim. Here are my two questions: If my refugee claim is denied could I be forced to abandon my studies under my study permit and forced to leave? Could this also prevent me from applying for residence under a different category in the future if applicable (PNP or CEC)? Thank you very much in advance for your help.

Hi Peter, Are you from Egypt ?
I want to talk to you, my email is hobatoaa@yahoo.com