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Broken hopes, voluntary departure and dire consequences.

eclectic-

Newbie
Jun 22, 2013
4
0
Hello this is going to be a rather long winded story and I am bordering desperation for advice / help.

I am European and am a dual citizen of two visa exempt countries. To summarize my child hood and teen years: it's an absolute mess.

I have two different last names because of administrative mistakes my parents made. I didn't complete highschool past 9th grade in spite of my efforts due to family circumstances. I have since worked on and off, often undocumented as well as benefited from unemployment/disability insurance whenever I didn't. I also up until recently had a modest amount of savings following the passing away of one of my parents.

After a rather painful separation one and a half years ago (infidelity) I hit rock bottom and was invited to Canada by a friend, to visit and heal my soul.

I entered Canada and received a stamp, which to my knowledge meant I could stay as a visitor for 6 months. I had room and board and very little expenses, sustaining myself in essentials with both my pension and savings.

I enjoyed the community I was in, the remoteness, the simplicity of life and after 4 and a half months went to the united states for a week. I landed in Canada again as visitor, I intended to stay a little longer pack my things and go back home.

Winter came and I have never seen such beauty, by an absolute freak accident I met a woman at a party, we fell in love and after a month of dating she took me into her family.

I was blessed, loved by her and her children slowly but surely things started to feel like home. We developed a routine. Meanwhile time was ticking, I had only a few months left according to my assumption that a travel stamp had a validity of 6 months.

I looked online, tried to find possibilities for me to extend my stay as visitor so we could be together.

Faith struck us, her husband -- who had been missing for over a year and from whom she sought to get divorced for just as long. Reappeared after having been found in a Southern American country. He has still pending criminal charges for assault with bodily harm against her he sought to evade.

Needless to say this threw her and everyone around us for a loop, my time was spent looking after her, consoling her the kids and serving as an emotional rock so to speak.

When things started to settle down the stamps' assumed validity of 6 months had not yet expired but wouldn't be valid for more than 30 days as believed required per the CIC website. I had no knowledge of implied status or the flexibility CIC has in treating extension cases even if it's one day before expiry.

We decided that honesty was and should remain our only approach and we thus undertook a trip to the border.

After more than half a dozen of hours driving through a blizzard to make it to the crossing before the assumed expiry of my travel stamp we arrived at a road crossing, went through us immigration and were denied entry for administrative reasons after explaining we were there in hopes to obtain a new visitor stamp.

We turned around, arrived and were directed towards the Canadian office after showing the refusal form.

A CBSA officer greeted me and after detailing our situation disaster struck us. I was found inadmissible with as reason that I had been permanently residing without proper documentation and ordered to leave within three weeks. My passport was held.

The whole experience was intimidating, I was told I shouldn't appeal or face people with guns showing up at her house. The last few weeks together we tried finding legal representation to no avail. The only advice we got was: comply. So I did. I booked another ticket back to my home country, turned myself in at the CBSA for further examination and after another round of humiliation was given a confirmation of departure form, this time no allegations of permanent residence were made instead I was asked why I overstayed.

We remained hopeful, after landing we'd sort things out to expedite her divorce, I on my side sought ways how to return to be by her side. I was told that I was flagged and wouldn't be able to enter as visitor before end of this year, especially if I could not prove significant ties home and important financial assets. Another agent said I could come back once I had a "proper" reason to be in Canada e.g a working holiday visa or work permit.

We planned for her to visit me in the mean time, weeks from now was when she'd come. The distance, the stress, my not being able to support her through the many hardships she currently faces, the abrupt removal from one anothers lives and feelings of hopelessness deteriorated our relationship and after two months of seeing her suffer, we both broke down. To my and her families horror she started a rebound relation, as a result of that communication between us diminished to none, her last words were she loved me and forever will, that she needed me to live my life while I am away from her.

I understand that I have no rights in Canada, that my being there at most was a privilege, in spite of that I can not help but feel that an arbitrary decision ruled on the validity of our love, denied us a chance to be together and consume what every human being yearns for. I am not bitter, I appreciate the fact we made many wrong decisions with unfortunate consequences, I understand the CBSA officer was doing his job, that empathy is far to be found.

Still, regardless of our relation having been ground to dust, that hopes of reconciliation are virtually nil. I love this woman, the daughter I promised never to abandon and love to this day.

  • Considering circumstances family sponsorship is not an option, even if it were it would be far away.

    Before the absolute breakdown I had started getting myself organized and continue to do so. I don't hold out hopes we'll ever be what we were or even together but I am convinced that seeing each other even if it's one last time would heal the wounds that were inflicted on both of us.

Hence.

  • Considering I have no formal education and am solely self taught I do not to my knowledge qualify for a FSW visa.

    Can I provided I find an employer with LMO for an unskilled position apply for a work permit.

    Were I to do so at either a POE or at the visa office what are the chances of approval?

    I have no intentions of misrepresenting myself, I now have two passports, two names and am working on obtaining police certificates in the countries I have lived.

    I can produce the certification I obtained, and am currently attempting to find proof of completion of 9th grade.
I understand this is an incredibly complex situation but I do hold out hope there is a mean for me to return, and will diligently persevere until any and all venues have been exhausted.

I would highly appreciate any comments, opinions and advise when it comes to this fiasco. How to resolve this however small the chances are.
 

Leon

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Jun 13, 2008
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With no education and history of overstay, the odds of getting a work permit are not the best. Your lady friend could however sponsor you for permanent residency if 1) you had lived together for 12 months or 2) she gets divorced and gets married to you.
 

scylla

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Jun 8, 2010
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I agree with Leon. I think your chances of being approved for a work permit are effectively zero given your history. But I suppose you can try. It would be best to go sponsorship route provided that you can either get married or have already lived together for one full year to qualify as common law. And provided, of course, that she is willing to sponsor you. Good luck.
 

eclectic-

Newbie
Jun 22, 2013
4
0
Thank you both scylla and Leon for your comments.

Our intention was for me to remain in Canada legally as visitor and apply as common law or get married were it possible. However, as you may understand we didn't get the opportunity to do the former, and the latter -- given the relentless efforts by her husband to delay their divorce to spite her, seems unlikely to come through any time soon. Which is one of the primary reasons she lost hope for reunification with all due consequences.

Communication is now non existent between us, it kills me to think being honest got us here.
 

scylla

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If sponsorship is out, then by all means try the work permit route. It might work out for you. Good luck.
 

sunshine5

Newbie
Jun 20, 2013
9
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When things started to settle down the stamps' assumed validity of 6 months had not yet expired but wouldn't be valid for more than 30 days as believed required per the CIC website. I had no knowledge of implied status or the flexibility CIC has in treating extension cases even if it's one day before expiry.

It's not clear to me, so u me the length of your stay is valid for 6 months, but you had stayed beyond the validity of your permit?
 

eclectic-

Newbie
Jun 22, 2013
4
0
sunshine5: I did not (to my knowledge) have a visitor record only a stamp, which --correct me if I am wrong in thinking so -- meant I was allowed to visit for six months (from September 25th).

Keeping the above assumption in mind, we showed up at the border march 23rd i.e 179 days after the stamp. There was alleged I was permanently residing without proper documentation, I was allowed to enter without status for three weeks as my passport was held by customs, as was I obligated to attend further examination.

Came the time for my voluntary departure, 7th of April my visitor application was withdrawn and I was given a voluntary departure form, this is where my alleged overstay was first mentioned.
 

SenoritaBella

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I think you guys left it too close to the 6-month deadline. Also, it seems you guys had not yet qualified for common-law status(living together for at least 1 year) and were not married. Therefore, did not have sufficient proof to satisfy an officer that a sponsorship application was in the works.
Your status expired the next day, March 24th and by April 7th you were already overstaying. The good news is your application was withdrawn and you were given a voluntary departure form. Could have been worse if they issued a departure order(which after 30 days becomes a deportation order).

I found this: www.us2canada.com/visitor_record.html

How do I know the expiry date of my temporary resident status?

1. Temporary residents travelling with passports:

When you arrived in Canada and gave your passport to the officer, they authorized your stay by placing a stamp in your passport and/or issuing an additional document. Check your passport. If you find a stamp, it should look like one of these.

Stamps - go here to see example: www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp

For example, if the officer specified a date as shown in the above illustration, your temporary resident status would expire on June 30th, 1993.

If there is no stamp, a handwritten date or document in your passport, your temporary resident status will expire six months from the day you arrived in Canada.

If you were given a visitor record, study or work permit, the expiry date is marked on the document.


eclectic- said:
sunshine5: I did not (to my knowledge) have a visitor record only a stamp, which --correct me if I am wrong in thinking so -- meant I was allowed to visit for six months (from September 25th).

Keeping the above assumption in mind, we showed up at the border march 23rd i.e 179 days after the stamp. There was alleged I was permanently residing without proper documentation, I was allowed to enter without status for three weeks as my passport was held by customs, as was I obligated to attend further examination.

Came the time for my voluntary departure, 7th of April my visitor application was withdrawn and I was given a voluntary departure form, this is where my alleged overstay was first mentioned.
 

eclectic-

Newbie
Jun 22, 2013
4
0
SenoritaBella, correct. We could not get married, nor did we qualify as common-law. We both hoped to afford us some time together till either her divorce came through or common-law became a possibility.

Reason for the attempted renewal to be so far delayed: unexpected traumatizing life events that affected the entire family.

There are/were significant barriers to her living with me in my home country:

Language.
Uprooting three children from school, friends, family.
Career, financial obligations.
Legal obligations vis a vis divorce, assets, criminal trial.

The coup de gras for her was when she was advised her divorce would take several more years.

All we really asked for is the privilege to be together.
 

ErickNL

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Mar 15, 2013
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Matters of the heart aside, my advice is to move on with your life and focus on the future. If you still want to come to Canada put your effort into finding a place of employment that can provide you with an LMO. It's not going to be easy and it might take a long time. Take care of yourself first before you dig a deeper hole for a relationship that might or might not work. Moving to another country and becoming a member of a new community is hard enough without additional emotional baggage. I wish you all the best in whatever road you choose and hope everything works out for you.