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Author Topic: take a chance....  (Read 613 times)
AlbertE
Newbie
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Posts: 2
Ratings: +0

« on: July 16, 2011, 02:15:14 pm »

Hello,

I am married to my Canadian wife since 2005, i went to Canada in 2001 as a refugee claimant but got refused, overstayed, then left Canada in 2007. Me and my wife lived together abroad then we had some trouble, she had to go back to canada, i had to go to my home country in 2008, so we were apart but she visited me in 2009, practically we are together but really like to get back together in canada... I am deported now, but just thinking, since i dont need a visa to go to canada, most likely immigration would put me into custody at the airport even if i say i just want to visit my wife? Is there any chance or option in case i would be in custody to get a lawyer or my wife to bail me out and sign some kind of sponsorship paper like that and start the processing from canada?
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MandyUK
Hero Member
*****

Posts: 540
Ratings: +16
Category........: FAM
Visa Office......: London
App. Filed.......: 22nd July 2011
File Transfer...: 27th September 2011
Med's Done....: 1st July 2011
Passport Req..: November 7th 2011
VISA ISSUED...: December 29th 2011
LANDED..........: 24th Jan 2012. (Canada Place)

« Reply #1 on: July 16, 2011, 02:17:06 pm »

were u deported, or did you have a departure order?
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AlbertE
Newbie
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Posts: 2
Ratings: +0

« Reply #2 on: July 16, 2011, 02:21:56 pm »

I have left the county willingly but i think i have the banned for life status.... I did not commit any kind of serious or offensive crime just overstayed...
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MandyUK
Hero Member
*****

Posts: 540
Ratings: +16
Category........: FAM
Visa Office......: London
App. Filed.......: 22nd July 2011
File Transfer...: 27th September 2011
Med's Done....: 1st July 2011
Passport Req..: November 7th 2011
VISA ISSUED...: December 29th 2011
LANDED..........: 24th Jan 2012. (Canada Place)

« Reply #3 on: July 16, 2011, 07:31:39 pm »

when you overstayed did you just realise you had and left the country, or did the immigration find out and interview you ect and then issue you with some paper work, if they gave you the option to leave within 30 days and you left within that time frame, then I guessing that was a departure order, if you had one of those but didnt leave with in the 30 day time frame, this would have turned into a deportation order.
Why I am trying to find out which you had is because tere is a big difference between them.

There are actually 3 types of orders.

Departure Order (form number IMM 5238)

a) If you received a Departure Order and
•left Canada within the required 30 days and
•verified your departure with a Canadian immigration officer at the port of exit

you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

b) If you left the country without verifying your departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you need to apply for an ARC.

Exclusion Order (form number IMM 1214B)

a) If you were issued an Exclusion Order and
•12 months have passed since you left Canada and
•you have a Certificate of Departure (IMM 0056B) showing the date you left Canada

you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

b) If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.

Deportation Order (form number IMM 5238B)

If you have been the subject of a Deportation Order you will need to apply for an ARC.

Note: A Direction to Leave Canada (form number IMM1217B) is not a removal order.  If you have been the subject of a Direction to Leave Canada, you do not need to apply for an ARC.  You may return to Canada subject to normal examination at the port of entry.

You first need to decide which of these it was, before you can go any futher sorry.
hope that helps
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Canuckfever
Full Member
***

Posts: 25
Ratings: +1
Category........: FAM

« Reply #4 on: July 19, 2011, 12:18:18 am »

Very well-said and specific by MandyUK.

Good job!
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03/29/11 app sent CPC-M
04/26/11 DM sponsor
04/29/11 received approval letter
05/10/11 CE-M received PR app
05/19/11 received AOR PPR AAF
05/19/11 sent PP AAF
06/19/11 in process
06/19/11 MED results received
07/04/11 DM PR
MandyUK
Hero Member
*****

Posts: 540
Ratings: +16
Category........: FAM
Visa Office......: London
App. Filed.......: 22nd July 2011
File Transfer...: 27th September 2011
Med's Done....: 1st July 2011
Passport Req..: November 7th 2011
VISA ISSUED...: December 29th 2011
LANDED..........: 24th Jan 2012. (Canada Place)

« Reply #5 on: July 19, 2011, 02:49:51 am »

Very well-said and specific by MandyUK.

Good job!

Ty Canuckfever   Smiley
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PMM
VIP Member
*******

Posts: 13868
Ratings: +514

« Reply #6 on: July 19, 2011, 03:01:28 pm »

Hi

when you overstayed did you just realise you had and left the country, or did the immigration find out and interview you ect and then issue you with some paper work, if they gave you the option to leave within 30 days and you left within that time frame, then I guessing that was a departure order, if you had one of those but didnt leave with in the 30 day time frame, this would have turned into a deportation order.
Why I am trying to find out which you had is because tere is a big difference between them.

There are actually 3 types of orders.

Departure Order (form number IMM 5238)

a) If you received a Departure Order and
•left Canada within the required 30 days and
•verified your departure with a Canadian immigration officer at the port of exit

you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

b) If you left the country without verifying your departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you need to apply for an ARC.

Exclusion Order (form number IMM 1214B)

a) If you were issued an Exclusion Order and
•12 months have passed since you left Canada and
•you have a Certificate of Departure (IMM 0056B) showing the date you left Canada

you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

b) If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.

Deportation Order (form number IMM 5238B)

If you have been the subject of a Deportation Order you will need to apply for an ARC.

Note: A Direction to Leave Canada (form number IMM1217B) is not a removal order.  If you have been the subject of a Direction to Leave Canada, you do not need to apply for an ARC.  You may return to Canada subject to normal examination at the port of entry.

You first need to decide which of these it was, before you can go any futher sorry.
hope that helps


Note the OP said that he was a refugee claimant.  Refugee claimants get departure notices that require that they leave within 30 days of the decision and have proof of departure.  He stated that he overstayed, so the departure notice turned into a deportation order.
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PMM
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