I have a question about asking refugee in canada. One of my family member left sri lanka cause he was in danger for his

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Customer: Hi I have a question about asking refugee in canada
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: No. one of my family member left sri lanka cause he was in danger for his life. now he is in france and his visa expuired and he is not able to go back to his country. he is in a suicidal mind set right now. We as a family in canada we want to help him so he doesnt take his own life.
JA: Have you talked to a lawyer about the visa?
Customer: ya his student visa expired he has no choice but to go back to sri lanka
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: can a brother from canada who is a permenant resident sponsor him ?
Answered by ToLawyer in 5 mins 7 months ago
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ToLawyer, Expert

Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.

Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.

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ToLawyer, Expert

Hi there, please give me a moment while I review your question.

Customer
ok
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ToLawyer, Expert

So there are two different things happening here. This individual can come to Canada and try to claim assylum (basically asking for refugee status right as he lands) if he can prove that he is a refugee in need of protection.

The IRB decides who is a Convention refugee or a person in need of protection.

Convention refugees are outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on

  • race
  • religion
  • political opinion
  • nationality
  • being part of a social group, such as women or people of a particular sexual orientation

A person in need of protection is a person in Canada who can’t return to their home country safely. This is because, if they return, they may face

  • danger of torture
  • risk to their life
  • risk of cruel and unusual treatment or punishment
Customer
He has been living in fear alone in france. He has been attacted a few times due to his cast. he has body makrs to prove it.
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ToLawyer, Expert

Then he can either find a way to come to Canada and claim assylum at the boarder, or find a refugee sponsor to sponsor him.

His brother who has a PR could sponsor him, but the brother needs to be financially responsible for him and be able to show that he has sufficient financial powers to support him.

Customer
can 2 people try to sponsor 1 person?
Customer
how much income does he have to show?
Customer
but is he able to sponsor his brother who has a sri lankan passport but his visa is expired at the current c**try he is staying?
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ToLawyer, Expert

Yes, that does not matter. Normally, you would have to provide your T4s for the last 3 years to show that you have sufficient revenue to support the individual. The IRCC can always refuse the sponsorship.

No, you cannot have two people sponsoring one person. You could have a group of 5 private refugee sponsorship.

Customer
5 private refugee sponsorship, how does that work ? i would like to get more detail
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ToLawyer, Expert

A Group of Five (G5) is five or more Canadian citizens or permanent residents who have arranged to sponsor a refugee living abroad to come to Canada.

G5s may only sponsor applicants who are recognized as refugees by either the United Nations Refugee Agency (UNHCR) or a foreign state. The principal applicant MUST already have refugee status. Having refugee status means that an authorized body has found that an individual meets its refugee definition. This authorized body can either be the UNHCR or the government of the country (i.e., foreign state) where the refugee is now living.

Customer
ok so his brother has an option to claim as a refugee (fearing for his life to go back to his home country) when he is in france right now. when you say 5 or more canadian citizen or Permenant resident... does it have to be 5 family member from canda or can it be friends and family? those 5 people have to show proof of income too ?
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ToLawyer, Expert

Your group must provide a settlement plan. You must prove that your group has the money to sponsor a refugee for one year. The amount of money needed will depend on how many refugees you sponsor. You can find out more about costs in the Guide to the Private Sponsorship of Refugees Program.

Customer
ok. another question.
his brother is married to a canadian citizenship person. is he still able to sponsor his brother? brother status in france is expired visa, lkiving the illegally.
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ToLawyer, Expert

That is fine, but is the brother a PR? The brother needs status.

Customer
his brother is qa permenant resident in canada by marriage for 4 years
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ToLawyer, Expert

Then he should be ok to sponsor.

Customer
his little brother in france came there with a student visa. his brother was living there before so he tried giving protection to his lil brother. but his lil brother wasnt able to finish the studies cause people were attacking him there too. his student visa expired and now its been 7 years hes been living there witout documents. his older brother came to canada and now his lil brother is in more danger. suicidal level cause he is living therev alone in fear, not knowing whe someone willl attack him or they will send him back to sri lanka. hos older brother has alot of family here who can protect his lil brother. even a house for him to stay. so with me explaining all this .when his older brother try to sponsor him to canada .. how he sponsoring him.. like i mean what status do we have to say.
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ToLawyer, Expert

It could be a family class sponsorship. However these are the restrictions:

You can’t sponsor your brother, sister, nephew, niece or grandchild if:

  • one of their parents is still alive
  • no one knows where their parents are
  • their parents abandoned them
  • someone else other than their parents is taking care of them while one or both their parents are alive
  • their parent is in jail or otherwise detained
Customer
his monther is still alive in sri lanka
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ToLawyer, Expert

I see, then no, the brother cannot sponsor this person. Unfortuantly, he will have to try to get status in Canada, then claim assylum at the boarder.

Customer
another question.
when his brother tries to come here, when exactly should he claim refugee .. at the port entry or can he get out and find a layer and than ask for refugee ?
Customer
lawyer***
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ToLawyer, Expert

He should be claiming refugee at the boarder, and he will have an opportunity to find a lawyer to assist him if he can show on its face that he is eligible (basically assuming what he said is true).

Customer
does he have to tell them how he got to canada ? can he get deported for deniying to answer.
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ToLawyer, Expert

Yes, you have an obligation to accurately represent your situation to IRCC officers. In addition, they do realize that some refugees enter illegally, so how he got there does not matter.

Customer
ok. and he can say he has family here ?
Customer
they will normalli detain him for a few days or a family member can go pick him up
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ToLawyer, Expert

Once he is processed they will release him and he will essentially need to wait for a decision.

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ToLawyer, Expert

Is there anything else I can help you with today?

Customer
thats alll thank you so much.
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ToLawyer, Expert

You are welcome!

I understand legal issues may be frustrating, but I hope I was able to provide a little clarity here.

Thank you for trusting us here at JustAnswer. If you have a new question in the future and would like to engage me again, please do not hesitate to request for me directly by going to https://www.justanswer.com/law/expert-jc222/?rpt=3800 and typing - "This is only for JC" and I will get to you as soon as possible!

And of course, if you have any follow-up questions, please do not hesitate to continue typing them here.

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