+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Voluntary Departure Vs Order to Leave...is it same or diff?

Jbguerchuk

Full Member
Nov 18, 2015
36
0
Hong kong
Category........
Visa Office......
Hong kong
Job Offer........
Pre-Assessed..
App. Filed.......
May 19,2015
AOR Received.
July 18,2015
File Transfer...
August 17,2015
Med's Done....
Upfront -April 16,2015
Interview........
March 1,2016 refusal letter after 2days; appeal March16 (Vancouver)
Need help please. I overstayed my tour visa in Canada (june-dec 2013) more than a year and voluntarily left the country last January 2015 without any letter or removal oder from Canada immigration. We are applying now spouse sponsorship under family class outside the application. Can still affect my application? Is the Canadian government can punish and give me any court order because of overstaying crime and work there too without permit? I'm so worry now about our application process . I overstayed in Canada because of my husband and we legally got married in Canada the time of mt overstayed.
 

scylla

VIP Member
Jun 8, 2010
92,925
20,537
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You'll be fine as long as you are 100% honest in your application about your immigration history and your overstay. Canada doesn't automatically issue bans for overstays.
 

Jbguerchuk

Full Member
Nov 18, 2015
36
0
Hong kong
Category........
Visa Office......
Hong kong
Job Offer........
Pre-Assessed..
App. Filed.......
May 19,2015
AOR Received.
July 18,2015
File Transfer...
August 17,2015
Med's Done....
Upfront -April 16,2015
Interview........
March 1,2016 refusal letter after 2days; appeal March16 (Vancouver)
scylla said:
You'll be fine as long as you are 100% honest in your application about your immigration history and your overstay. Canada doesn't automatically issue bans for overstays.
really thank you. No desicion yet about the sponsorship the officer they will review our application and will know the result in 2 weeks.but I'm so worried we failed cause the Chinese lady give back all the evidence or proof of our application and don't want to see or read some of evidence I'd bring to prove that our marriage is genuine.She said there's nothing u can do to ur case. Pack ur stuff and leave.
 

fr33z3n

Star Member
Mar 11, 2015
62
3
scylla said:
You'll be fine as long as you are 100% honest in your application about your immigration history and your overstay. Canada doesn't automatically issue bans for overstays.
Yes don't automatically issue bans for overstay and he can leave at anytime.
But since he's applying to get back in they will clearly see that he had overstayed and this will be an issue that will have to be resolved
 

Jbguerchuk

Full Member
Nov 18, 2015
36
0
Hong kong
Category........
Visa Office......
Hong kong
Job Offer........
Pre-Assessed..
App. Filed.......
May 19,2015
AOR Received.
July 18,2015
File Transfer...
August 17,2015
Med's Done....
Upfront -April 16,2015
Interview........
March 1,2016 refusal letter after 2days; appeal March16 (Vancouver)
fr33z3n said:
Yes don't automatically issue bans for overstay and he can leave at anytime.
But since he's applying to get back in they will clearly see that he had overstayed and this will be an issue that will have to be resolved
Hi,sorry so what do u mean? They will punish me and need ARC authorization to return canada? But I never receive any removal order I am confused Tö Canadian law now
 

Ponga

VIP Member
Oct 22, 2013
10,085
1,297
Job Offer........
Pre-Assessed..
Jbguerchuk said:
Hi,sorry so what do u mean? They will punish me and need ARC authorization to return canada? But I never receive any removal order I am confused Tö Canadian law now
As Scylla stated, be honest in your application and you'll be fine.

Once your PR has been approved, you will have no problem entering Canada. You may have a problem re-entering Canada if you try to `visit' your spouse before you are approved.
 

Jbguerchuk

Full Member
Nov 18, 2015
36
0
Hong kong
Category........
Visa Office......
Hong kong
Job Offer........
Pre-Assessed..
App. Filed.......
May 19,2015
AOR Received.
July 18,2015
File Transfer...
August 17,2015
Med's Done....
Upfront -April 16,2015
Interview........
March 1,2016 refusal letter after 2days; appeal March16 (Vancouver)
Ponga said:
As Scylla stated, be honest in your application and you'll be fine.

Once your PR has been approved, you will have no problem entering Canada. You may have a problem re-entering Canada if you try to `visit' your spouse before you are approved.
Thank you all help me to not be so worry. I am still upset cause of what happened after interview.
 

charifctm

Member
Nov 28, 2017
17
0
You'll be fine as long as you are 100% honest in your application about your immigration history and your overstay. Canada doesn't automatically issue bans for overstays.
Hi Scylla, what answer would you suggest to question 2b and 3 in section Background Information of Canada work permit application, considering my specific scenario. I was arrested by UK police for over staying after my appeal, to reconsider entrepreneur application, was refused by court. But at the time of arrest my application for “Further leave to remain on other grounds” was still in Home Office but they detained me and served with removal directions. Later they stopped removal directions till the decision on FLRO application, which they refused and again served with removal directions on chartered plane. I requested Home Office for Voluntary departure and asked about its future affects and UK information sharing with other countries. There reply was this,

Re: Request to purchase own ticket
Thank you for your request to voluntarily depart the United Kingdom. Please be aware that all voluntary departures are normally subject to a one year re-entry ban after which time it will be open to you to submit an application for entry clearance to the United Kingdom, which will be considered in accordance with the Immigration Rules. Currently there is no known inter governmental exchange of information regarding standard immigration offences. Upon consideration of your case, it has been provisionally agreed to accept your request provided the requirements in this letter are met. Failure to do so will result in your enforced removal as planned.

I bought my ticket and informed Home Office about it and there reply was this,

Re: Acknowledgement of arrangement to voluntarily depart
Thank you for purchasing your own ticket to voluntarily depart the United Kingdom. The Home Office is aware that you are scheduled to travel on date ######## at time #### HRs from London Heathrow TN3 to Lahore, Pakistan.. Arrangements are now in place to facilitate your departure. You are reminded that the Home Office can not guarantee you will be able to depart as intended. Discretion ultimately lies with the airline, which may refuse you entry onto the flight. You must accept liability for any costs incurred in this event. Detention will be maintained until your removal when you will be escorted up until you board the aeroplane. If the airline does not permit you on to the flight you will be returned to detention.
 

scylla

VIP Member
Jun 8, 2010
92,925
20,537
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi Scylla, what answer would you suggest to question 2b and 3 in section Background Information of Canada work permit application, considering my specific scenario.
Sorry - I don't know what these questions ask.

How recent was your departure from the UK?
 

charifctm

Member
Nov 28, 2017
17
0
I departed in Aug 2016. The questions are,
2b: Have you ever been refused admission or been ordered to leave Canada or any other country?
3: Have you ever committed, been arrested for or been charged with any criminal offence in any country?
 

charifctm

Member
Nov 28, 2017
17
0
Sorry - I don't know what these questions ask.

How recent was your departure from the UK?
I departed in Aug 2016. The questions ask,
2b: Have you ever been refused admission or been ordered to leave Canada or any other country? Yes or No
If yes, give details,

3: Have you ever committed, been arrested for or been charged with any criminal offence in any country? Yes or No
If yes, give details,
 

scylla

VIP Member
Jun 8, 2010
92,925
20,537
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
The question to both is yes since you were both told to leave and also arrested. You should explain the circumstances for both.
 

charifctm

Member
Nov 28, 2017
17
0
Thank you. Yes, I would be good to be honest. But as they say
“Currently there is no known inter governmental exchange of information regarding standard immigration offences”.
If UK does not share information regarding standard immigration offences, so would it be good to tell VO about it ?
 

charifctm

Member
Nov 28, 2017
17
0
The question to both is yes since you were both told to leave and also arrested. You should explain the circumstances for both.
Thank you. Yes, It would be good to be honest. But as they say,
“Currently there is no known inter governmental exchange of information regarding standard immigration offences”.
If UK does not share information regarding standard immigration offences, so would it be good to tell VO about it ?