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Help two lovers who live abroad...

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hidrocalido View Drop Down
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Joined: 05 Dec 2009
Location: Montréal, Canad
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    Posted: 05 Dec 2009 at 9:31am
Hi everyone,Smile
I've been looking through so many websites, inmigration, forums, asking I hope u guys can help us...!

I have been a refugee claimant for almost  2 years. I have no news yet about my hearing, so there are no any deportations dates or stuff like that, Im still waiting... I ask for it at the airport on Feb 2008, Montréal, Québec

Since 1 year ago I have been going out with a French citizen, Its gonna be 6 months since we live together
We meet each other here in montréalWink
she has no canadian citizenship she's here with a work permit that"s going to expire on march 2010
We both have jobs -i dont know if this may help as information too-
 
we have decided getting married .... Yeeeaaaaahhhh!!! hihihi   sorry i am just excitedTongue
 anyway
 
 I really dont know what we can do, I mean  I am conscious that with my status and her we are so limited , I need to wait until my immigration hearing, right? although What if i am not accepted and I got deported ??? can I go to France with her there is no problem with the French immigration because of that?Confused (I know that for my country only the 9 porcent of the refugee claim are accepted)
 
It would be easier getting married in France and comming back here? but first do I have to quit my status?
I would not like going back to my country because of the danger that I run down there eitherDead
 
I know that for her is easy and she can extend her status but again, what if during this time i get deported?
 or what can u advise to us? 
 
what could be the most viable solution?
 
anyways we will be so grateful with any suggestions, information, or advise...
 
thank you all guys!Sleepy
 
 
Perrine and LuisWink
 
-----------------------------------------------------------------------------------------------------------------------------------
 
 
Les petits détails font toute la différence
 
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ralph dzegniuk View Drop Down
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Joined: 05 Dec 2009
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One of the options that you have (taking into account that i have essentially no background info about the nature of your refugee claim) would be for your partner to try and apply under the FSW criteria. Assuming she qualifies of course. However, given that she's in Canada on a Work Permit for over a year and speaks fluent French (obviously) I think there are good chances that she would have enough points plus would meet the Ministerial Guidelines. In that case, you would simply be listed on the application as the family member. 
 
The problem, however, could be with the venue where the application is filed... whether it goes through Buffalo (if her status is expiring in few months, this wouldn't be really an option) or Paris, you probably wouldn't be able to attend an interview if one is scheduled for whatever reason for the 2 of you (since you would probably need some sort of temporary visitor visa and, as a refugee claimant in Canada, you wouldn't get it). Also, as a refugee claimant, you would additionally need an Authorization to Return to Canada even if/when the FSW is approved.
 
There are also various Quebec-specific application processes (Quebec has its own Skilled Worker system) with which I'm not too familiar given that I practice in Ontario.
 
It's a tough one!
 
good luck,
 
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.)
Immigration & Refugee lawyer
Migration Law Chambers
82 Richmond Street East, Suite 305
Toronto, ON. M5C 1P1
Phone: (416) 548 9072
Fax: (416) 548 9092
www.migrate-2-canada.com
[email protected]
[email protected]
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