Departure order- voluntary departure.. plz help!!!!

[Kaur_R]

My friend recieved voluntary departure notice. He was waiting for his BC-PNP and his lawyer suggested to apply for visitor visa which was approved. Later he went to US to visit and upon returning they got suspicious and cancelled his visa nad gave him 7 day visa instead. He then again filed for a visitor visa which got refused and along with the refusal came the departure order. Is there a way to appeal this??? Any suggestions??? would an LMIA work???? What if he gets the BC- PNP??? Will that help him???

 

[Lammawitch]

he needs to talk to his lawyer IMMEDIATELY.

Being under a removal order may render him ineligible for BCPNP.

 

[scylla]

My friend recieved voluntary departure notice. He was waiting for his BC-PNP and his lawyer suggested to apply for visitor visa which was approved. Later he went to US to visit and upon returning they got suspicious and cancelled his visa nad gave him 7 day visa instead. He then again filed for a visitor visa which got refused and along with the refusal came the departure order. Is there a way to appeal this??? Any suggestions??? would an LMIA work???? What if he gets the BC- PNP??? Will that help him???

In 30 days the departure order will automatically turn into a deportation order and then life will get a lot more complicated. He's currently in Canada without status. An LMIA isn't going to help. As for the BC-PNP, once the departure order turns into a deportation order he'll have to go through the ARC process for BC-PNP to be approved. Best option is to leave as soon as possible. He should under no circumstances cross the 30 day threshold where the order becomes a deportation.

 

[Kaur_R]

In 30 days the departure order will automatically turn into a deportation order and then life will get a lot more complicated. He's currently in Canada without status. An LMIA isn't going to help. As for the BC-PNP, once the departure order turns into a deportation order he'll have to go through the ARC process for BC-PNP to be approved. Best option is to leave as soon as possible. He should under no circumstances cross the 30 day threshold where the order becomes a deportation.

So there is no option for any kind of appeal??? and what about a study permit. He still as 20 days before it turns into a deportation order. Thanks!!!!!

 

[scylla]

So there is no option for any kind of appeal??? and what about a study permit. He still as 20 days before it turns into a deportation order. Thanks!!!!!

A study permit will take far longer than 20 days to process and by that time he'll have a deportation order on his hands. (Note that he would first need to be accepted by a school for a specific program BEFORE he could even apply for a study permit.) Being approved for a study permit requires a person to prove strong ties to their home country - unlikely CIC will feel he has strong ties to his home country if he's currently in Canada with no status and a departure order.

Departure order appeal information can be found in the link below. It doesn't look to me like your friend meets any of the criteria under "who can appeal".

http://www.cbsa-asfc.gc.ca/security-securite/violation-infraction-eng.html#s5

Again, the best course of action is to leave as he has been ordered to.

 

[Lammawitch]

Thank you Scylla. That's how I read it too, but wasn't sure enough to post.

Kaur_R, listen to Scylla!