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departure order

medadabhoy

Full Member
May 2, 2016
28
3
It doesn't make a person visa-exempt. You entered under a provision that allows those with expired TRVs to enter provided they meet very specific requirements. Being visa-exempt means a person doesn't ever require a TRV, i.e. they need an eTA or nothing.
Yes. Examples could be of an Aussie re-entering Canada without eTA or a visa required national re-entering provided they have a status as a student, worker or visitor or an "implied status". In the case your application is refused, you are considered in status until the refusal date.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
" Temporary residents from TRV-required countries who have implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are still considered to be TRV exempt, as per subparagraph R190(3)(f)(ii). In this case, their period of authorized stay is extended, pending a decision. This interpretation of the legislation is consistent with the Federal Court decision of De Brito v. Canada (Minister of Citizenship and Immigration); "

Aforementioned is here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html
The exemption refers to not having to get a new TRV. The person was still required to have a TRV in the past and meet the other requirements, meaning that they are not actually visa-exempt.
 

medadabhoy

Full Member
May 2, 2016
28
3
The exemption refers to not having to get a new TRV. The person was still required to have a TRV in the past and meet the other requirements, meaning that they are not actually visa-exempt.
During their initial entry of course. Point being that even if Mann's visa had expired, he could flagpole which is what he did.
 

medadabhoy

Full Member
May 2, 2016
28
3
  • "apply for a new work or study permit at the port of entry (POE), provided they have a right to do so under the IRPR.
    Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon may apply for a new or subsequent work permit at the POE, as they fall under the exception of subsection R198(1).
Note: It is strongly recommended that, at the POE, the temporary resident present documentary proof of their application (copy of their application, copy of the fee payment receipt, etc.) for an extension as a visitor, student or worker.

If the foreign national must resume work or study, they can apply for a new work or study permit at the POE, but only if they are authorized to do so under the IRPR."
 

Mann015

Member
Dec 27, 2019
10
0
Why would you go to Alberta to try to apply for another visa if you have been living in Brampton?
i got a new lmia from edmenton trucking company. so i have leave brampton and moved to edmenton i have done with every paper work at edmenton with my employer. then i go to coutts border to get new work where officer refuse me they did noteven talk to my employer jst give me departure order.
 

Mann015

Member
Dec 27, 2019
10
0
1. Yes there are rare cases when things work out but there are many stories where things don’t work out. We don’t have a lot of information about this story.
2. Based on the dates he stated he would have been out of status when they tried to flagpole. he didn’t actually qualify for flagpoling because he was not from a visa exempt country.
3. Farming work permit is a very specific work permit. There is always a shortage of farm workers because it is a tough job so this story doesn’t make a lot of sense. There is no mention of contacting anyone about the lack of job on the farm although the farmer had applied and needed workers. How long did they remain on the farm trying to work before they went to Brampton? Did they move into the dormitories? Did they try to contact their visa officer or the government. Did they not try and find another farm looking for workers? If the person had family in Brampton why did they not start out looking for a job there. Had OP already applied for a TRV and was denied? Had he applied for any other permits/visas? How did they get the farm working job. Unfortunately farm work and trucking industry have a lot of sketchiness going on when it has to with immigration. Did their relative support another grown man for 2 years including paying for a trucking course and relocation from BC to ON. How did they find this trucking job that already had an LMIA? What exactly did CBSA find on the phone at the border? Just saying we have a fraction of the information.
1) I personally know someone who was issued an exclusion order (BSO saw his phone to determine that he was driving a taxi without authorization) at a POE in 2015. He hired a lawyer and eventually got a new work permit and got the exclusion order cancelled. Came to Canada in 2007 and received PR in 2019.

2) This person Mann015 has not stated whether his original WP of 2 years was still valid at the time he went to the border or not. Assuming that that had expired, he then had 90 days to pursue a restoration of status application.

3) A departure order is much more lenient than a deportation order and an exclusion order. The BSO did not have evidence but rather a gut instinct. This person did not work but at the same time did not disobey other conditions (like work for someone else or study without authorization).
my visitor visa is valid from 18 july 2017 to 5april 2020 coz my passport has the same validity. my farm worker visa 29dec 2017 to 28dec 2019. i wenn to coutts border on 8th oct2019. where i got departure order. my lawyer did not make any step i know my case it can be easily figure out but dont know why my lawyer dis not make any appeal. even took 2500 dllrs frm me.
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
my visitor visa is valid from 18 july 2017 to 5april 2020 coz my passport has the same validity. my farm worker visa 29dec 2017 to 28dec 2019. i wenn to coutts border on 8th oct2019. where i got departure order. my lawyer did not make any step i know my case it can be easily figure out but dont know why my lawyer dis not make any appeal. even took 2500 dllrs frm me.
Well, even if your visa wasn't cancelled, it will expire tomorrow so this discussion is pretty much moot. You would need to apply for a new visa, and it's not likely that you'll get one anytime soon. So just relax and stay safe for the time being.
 

medadabhoy

Full Member
May 2, 2016
28
3
my visitor visa is valid from 18 july 2017 to 5april 2020 coz my passport has the same validity. my farm worker visa 29dec 2017 to 28dec 2019. i wenn to coutts border on 8th oct2019. where i got departure order. my lawyer did not make any step i know my case it can be easily figure out but dont know why my lawyer dis not make any appeal. even took 2500 dllrs frm me.
I don't exactly know why my last comment was deleted. Whoever got it deleted can man up and hmu via inbox.

Be that as it may, you should have renewed your passport from inside Canada. Then, you should have applied for a work permit online even after the border visit.