departure order

[canuck78]

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).

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.

 

[medadabhoy]

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.

2) He qualified for flagpoling because he did have a valid visa from what he insinuates. He had a TRV, then a work permit he didn't use. a TRV is issued for up to 10 years for visitors so I don't think so he had that issue.

 

[canuck_in_uk]

2) He qualified for flagpoling because he did have a valid visa from what he insinuates. He had a TRV, then a work permit he didn't use. a TRV is issued for up to 10 years for visitors so I don't think so he had that issue.

TRVs have zero to do with status. It is simply a stamp in a passport allowing a person to board a commercial carrier to Canada. If OP got here in August 2017 with a 2 year work permit and didn't maintain status, they were out of status as of August 2019.

 

[medadabhoy]

TRVs have zero to do with status. It is simply a stamp in a passport allowing a person to board a commercial carrier to Canada. If OP got here in August 2017 with a 2 year work permit and didn't maintain status, they were out of status as of August 2019.

My point was that he could re-enter Canada with a TRV and request a new permit to be issued. And that looks most plausible given his explanations.

 

[canuck78]

My point was that he could re-enter Canada with a TRV and request a new permit to be issued. And that looks most plausible given his explanations.

He could have tried to reenter But may have been denied entry at POE which can happen even with a TRV. Given that he had not worked on a Farm and was now in ON and not BC would likely raise concerns. He didn’t qualify get a closed work permit at a POE. He needed to apply online.

 

[medadabhoy]

He could have tried to reenter But may have been denied entry at POE which can happen even with a TRV. Given that he had not worked on a Farm and was now in ON and not BC would likely raise concerns. He didn’t qualify get a closed work permit at a POE. He needed to apply online.

i partially agree with you. i did some extensive research and came to the conclusion that even under implied status you can flagpole and this information is on IRCC's website.

 

[canuck78]

i partially agree with you. i did some extensive research and came to the conclusion that even under implied status you can flagpole and this information is on IRCC's website.

he wasn’t under implied status and non-visa exempt people must apply online for a closed work permit.

 

[Mann015]

he wasn’t under implied status and non-visa exempt people must apply online for a closed work permit.

Hi this is mann i am the one who had this situation in canada. Actually i went to canada for the first tym and dont know about how these thing works. i got farming wp i did not get job my wp is valid till 29-12-2019. i live in brampton with my realtive who coverd my whole expense. i found a new employer at we have done 2 years contract everything has done but i got refused at couts border alberta. departure order issued. i hire a lawyer i dont know what he had done but at last when jst 2 days remaning he suggest me to leave or go to border again and senior officer will interview u again weather he will issue me a wp or ban me and send me back. i dont want go to border again so i voluntary depart. now i am getting married soon my wife want to go to canada for study she has done B.Tec and got 6-6-6-6.5 bands which is over oll 6 bands score in ielts. am not sure wat to do .

 

[21Goose]

Hi this is mann i am the one who had this situation in canada. Actually i went to canada for the first tym and dont know about how these thing works. i got farming wp i did not get job my wp is valid till 29-12-2019. i live in brampton with my realtive who coverd my whole expense. i found a new employer at we have done 2 years contract everything has done but i got refused at couts border alberta. departure order issued. i hire a lawyer i dont know what he had done but at last when jst 2 days remaning he suggest me to leave or go to border again and senior officer will interview u again weather he will issue me a wp or ban me and send me back. i dont want go to border again so i voluntary depart. now i am getting married soon my wife want to go to canada for study she has done B.Tec and got 6-6-6-6.5 bands which is over oll 6 bands score in ielts. am not sure wat to do .

Nothing much to do. You did the right thing by departing voluntarily before the deadline, but you're unlikely to get a new visa for a few years.

Best thing to do is wait at least one year before you try applying for anything.

 

[canuck78]

Hi this is mann i am the one who had this situation in canada. Actually i went to canada for the first tym and dont know about how these thing works. i got farming wp i did not get job my wp is valid till 29-12-2019. i live in brampton with my realtive who coverd my whole expense. i found a new employer at we have done 2 years contract everything has done but i got refused at couts border alberta. departure order issued. i hire a lawyer i dont know what he had done but at last when jst 2 days remaning he suggest me to leave or go to border again and senior officer will interview u again weather he will issue me a wp or ban me and send me back. i dont want go to border again so i voluntary depart. now i am getting married soon my wife want to go to canada for study she has done B.Tec and got 6-6-6-6.5 bands which is over oll 6 bands score in ielts. am not sure wat to do .

Why would you go to Alberta to try to apply for another visa if you have been living in Brampton?

 

[medadabhoy]

he wasn’t under implied status and non-visa exempt people must apply online for a closed work permit.

You are visa exempt if you have a valid permit or an implied status if you "only" re-enter from US or St-Pierre & Miquelon. I can give you the IRCC link for that. I have re-entered without a visa with a valid study permit in 2015 myself.

You can also use a POE for a new permit.

 

[canuck_in_uk]

You are visa exempt if you have a valid permit or an implied status if you "only" re-enter from US or St-Pierre & Miquelon. I can give you the IRCC link for that. I have re-entered without a visa with a valid study permit in 2015 myself.

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.

 

[canuck78]

You are visa exempt if you have a valid permit or an implied status if you "only" re-enter from US or St-Pierre & Miquelon. I can give you the IRCC link for that. I have re-entered without a visa with a valid study permit in 2015 myself.

You can also use a POE for a new permit.

You had a different situation if you were a student.

 

[medadabhoy]

Hi this is mann i am the one who had this situation in canada. Actually i went to canada for the first tym and dont know about how these thing works. i got farming wp i did not get job my wp is valid till 29-12-2019. i live in brampton with my realtive who coverd my whole expense. i found a new employer at we have done 2 years contract everything has done but i got refused at couts border alberta. departure order issued. i hire a lawyer i dont know what he had done but at last when jst 2 days remaning he suggest me to leave or go to border again and senior officer will interview u again weather he will issue me a wp or ban me and send me back. i dont want go to border again so i voluntary depart. now i am getting married soon my wife want to go to canada for study she has done B.Tec and got 6-6-6-6.5 bands which is over oll 6 bands score in ielts. am not sure wat to do .

You do not need IELTS as an international student unless the institution requests for it. Secondly, you do not need an ARC (Authorization to Return to Canada) as you honored your departure order.

Use mycic to apply for a new work permit, pay $155 and see what happens. And explain as to how you feel it was unfair to you.

 

[medadabhoy]

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.

" 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