Voluntary departure and inadmissibility to Canada under paragraph 41(a) of the IRPA

[Ioana Tirgovetu]

One warning. The ETA does now guarantee entry. If there are concerns that you are spending too much time in Canada you can be either denied entry to Canada or given limited time in Canada. Given your situation would never assume that reentry is guaranteed As a visitor because you have expressed the desire to live in Canada. You were actually quite lucky to be able to reenter right away. You could have easily been denied entry given your situation.

Yes, I am aware of that. But at the same the it’s not like I have any other option. Considering the judicial review will take more than 6 months, the only option to avoid getting a departure order is to comply with the voluntary departure, within the 6 months of visitor status.

I have not left canada since my restoration was refused. I have entered Canada prior to the decision, but I did apply for ETA after the decision and the ETA was approved.

I guess now it all depends on the border officer, but at the same time you must understand that I have not committed any crimes, my restoration was just refused.

 

[canuck78]

Yes, I am aware of that. But at the same the it’s not like I have any other option. Considering the judicial review will take more than 6 months, the only option to avoid getting a departure order is to comply with the voluntary departure, within the 6 months of visitor status.

I have not left canada since my restoration was refused. I have entered Canada prior to the decision, but I did apply for ETA after the decision and the ETA was approved.

I guess now it all depends on the border officer, but at the same time you must understand that I have not committed any crimes, my restoration was just refused.

Applying for an ETA generally just means that you are not a risk to Canada but does not guarantee entry. There is a very good chance that you will be denied entry into Canada. It has nothing to do with you being a criminal it has to do with the risk that you will not follow immigration rules since you have been in Canada without status. If you are allowed to enter there will be concerns that you will not leave Canada.

 

[Ioana Tirgovetu]

Applying for an ETA generally just means that you are not a risk to Canada but does not guarantee entry. There is a very good chance that you will be denied entry into Canada. It has nothing to do with you being a criminal it has to do with the risk that you will not follow immigration rules since you have been in Canada without status. If you are allowed to enter there will be concerns that you will not leave Canada.

Yes, I am aware of the fact that the ETA does not guarantee entry. I have not been in Canada without status, I have always been on a valid work permit or in the process of restoration ( time in which I am allowed to remain inside Canada).

Now, my question would be, what would you recommend? If I stay past the 6 months, I will then absolutely be out of status. If I comply and leave, there is a chance I won’t be allowed to enter Canada. Thinking about these 2 possibilities, I think that I will take my chances with leaving than to surely be out of status.

 

[Ioana Tirgovetu]

I do have another question: if leaving Canada while on implied status ( work permit restoration in progress ) will my application be automatically refused? Or does it mean that I have lost my status?

The 2 lawyers I have reached out to have completely different opinions, so I can’t help but wondering which would be correct. If anyone has knowledge or experience, I would appreciate your feedback.

 

[canuck78]

Yes, I am aware of the fact that the ETA does not guarantee entry. I have not been in Canada without status, I have always been on a valid work permit or in the process of restoration ( time in which I am allowed to remain inside Canada).

Now, my question would be, what would you recommend? If I stay past the 6 months, I will then absolutely be out of status. If I comply and leave, there is a chance I won’t be allowed to enter Canada. Thinking about these 2 possibilities, I think that I will take my chances with leaving than to surely be out of status.

Looking back on your previous posts it appears at though you have been out of status since the end of 2022. Not sure how you can legally stay for 6 months. You don‘t have any status. Your restoration application was recently denied which confirms that you don‘t have status so you wouldn’t be legally staying in Canada for 6 months.

 

[Ioana Tirgovetu]

Looking back on your previous posts it appears at though you have been out of status since the end of 2022. Not sure how you can legally stay for 6 months. You don‘t have any status. Your restoration application was recently denied which confirms that you don‘t have status so you wouldn’t be legally staying in Canada for 6 months.

My WP restoration application is indeed a complete mess and the

Looking back on your previous posts it appears at though you have been out of status since the end of 2022. Not sure how you can legally stay for 6 months. You don‘t have any status. Your restoration application was recently denied which confirms that you don‘t have status so you wouldn’t be legally staying in Canada for 6 months.

I must admit that my WP restoration application is indeed a complete mess and sometimes I am surprised too, but most of it it’s “thanks” to my fantastic consultant.

I also must assume that you are referring to the fact that the IRCC officer stated that I was out of status since September 2022. That is not correct. I have applied for restoration within the 90 days so I have been on implied status since then.

My lawyer requested the officer notes ( not sure about the legal term ) and he does indeed states that I have applied for restoration within the 90days. There is a discrepancy between the PFL and the notes of refusal.

I have left Canada and re-entered it legally, which gives me up to 6 months of visitor status. Is that not correct?

 

[Ponga]

I have left Canada and re-entered it legally, which gives me up to 6 months of visitor status. Is that not correct?

Yes.

The obvious question is what happens regarding your prior WP. Are you prepared to be in Canada as a visitor if you are unable to get a new WP?

 

[Ioana Tirgovetu]

Well, the lawyer did apply for judicial review, as there are quite a few mistakes that the IRCC officer made. He has high hopes for a settlement. But in the eventuality that everything goes wrong I would still have the 6 moths of visitor status ( if I will be able to get back inside Canada ) in order to make sure that my parents are ok and able to remain here by themselves.

 

[scylla]

I have left Canada and re-entered it legally, which gives me up to 6 months of visitor status. Is that not correct?

This is correct unless the CBSA officer put a stamp in your passport and gave you a shorter stay.

 

[Ioana Tirgovetu]

This is correct unless the CBSA officer put a stamp in your passport and gave you a shorter stay.

No, there is no stamp.

 

[scylla]

No, there is no stamp.

Then you got the default six months.

 

[Pitaklan]

Then you got the default six months.

Hi everyone,
This thread is just recent and would like an opinion from everyone here.
I am applying for citizenship and at the form in the section prohibition question 4

“Are you now, or have you ever been under removal order (have you been asked by Canadian officials to leave Canada)?

I am permanent resident since 2011.
before that i was on a work permit before my permit expired i apply for extension and was denied because of missing LMO. The officer stated on the letter

i may apply for restoration if within 90 days from the expiry of my temporary resident status I submitted following documents and fees. No gurantees on the application will be accepted.

after this comment

“You are a person in canada without temporary resident status and if you do not intend to apply for restoration you must leave canada immidiately. If you do not leave canada voluntarily enforcement action maybe taken against you.

i complied got my work permit again and as well as my pr status.

i did renew my pr card before and answered the question if you have been issued a removal order from canada and my answer is NO

now on the citizenship part the question is

Are you now, or have you ever been under removal order (have you been asked by Canadian officials to leave Canada)?

obviously i can answer NO on “ are you now or have you ever been under removal order.
BUT the (have you been asked by canadian officials to leave Canada) is this means detail explanation of removal order or in general.

i need anyones opinion on this because i think what i got is a condition that if i dont comply i need to leave and i am sure its not a removal order because if it is then i would not be able to renew my pr card before.

there are 3 types of removal orders and non of those apply to the letter i got and i think to get removal order is a form they issued to you and not a just letter (correct me if i am wrong)
The letter i got is a refusal on extention.

please help any advice would be great

 

[Ioana Tirgovetu]

Hi everyone,
This thread is just recent and would like an opinion from everyone here.
I am applying for citizenship and at the form in the section prohibition question 4

“Are you now, or have you ever been under removal order (have you been asked by Canadian officials to leave Canada)?

I am permanent resident since 2011.
before that i was on a work permit before my permit expired i apply for extension and was denied because of missing LMO. The officer stated on the letter

i may apply for restoration if within 90 days from the expiry of my temporary resident status I submitted following documents and fees. No gurantees on the application will be accepted.

after this comment

“You are a person in canada without temporary resident status and if you do not intend to apply for restoration you must leave canada immidiately. If you do not leave canada voluntarily enforcement action maybe taken against you.

i complied got my work permit again and as well as my pr status.

i did renew my pr card before and answered the question if you have been issued a removal order from canada and my answer is NO

now on the citizenship part the question is

Are you now, or have you ever been under removal order (have you been asked by Canadian officials to leave Canada)?

obviously i can answer NO on “ are you now or have you ever been under removal order.
BUT the (have you been asked by canadian officials to leave Canada) is this means detail explanation of removal order or in general.

i need anyones opinion on this because i think what i got is a condition that if i dont comply i need to leave and i am sure its not a removal order because if it is then i would not be able to renew my pr card before.

there are 3 types of removal orders and non of those apply to the letter i got and i think to get removal order is a form they issued to you and not a just letter (correct me if i am wrong)
The letter i got is a refusal on extention.

please help any advice would be great

I am not a professional, but as you can see I have dealt with this “to be or not to be” a removal or departure order. If a CBS or IRCC officer did not reach out to you personally about leaving Canada, then you did not have a removal order nor have you been asked to leave Canada.

From what you are saying, you have just been informed that you have the possibility to apply for a restoration, nothing more than that.

 

[Pitaklan]

I am not a professional, but as you can see I have dealt with this “to be or not to be” a removal or departure order. If a CBS or IRCC officer did not reach out to you personally about leaving Canada, then you did not have a removal order nor have you been asked to leave Canada.

From what you are saying, you have just been informed that you have the possibility to apply for a restoration, nothing more than that.

My key word is removal order. I did not get anyform nor contact me i even sponsored my wife. So from what i understand i am far from that removal order which has (3 categories)

 

[Ioana Tirgovetu]

My key word is removal order. I did not get anyform nor contact me i even sponsored my wife. So from what i understand i am far from that removal order which has (3 categories)

That is correct and based on that, you should answer “NO” to the citizenship question.