Exclusion order and prespectives.

[Abe1004]

Hi there.

First and foremost,I wish everyone Merry Past Christmas and Happy New Year.

I have several questions.

I have currently recieved exclusion order from CBSA and am out in custody of my common-law partner on bail.

I have resided in canada for 5 years and have overstayed my temporary status by 2.6 years.

Throughout that period of time I didnt renew my temporary status due to some personal issues and in general my priorities were skewed towards taking care of my common-law partner, who we have been together with for 1.5 years and who is currently on long term disability.

I got taken in by CBSA on 17th of december and served exclusion order that I signed on 28th of december.

I worked in canada illegally for the period of time,but did pay taxes,do possess clean criminal record and several dependents(step-kids)

I currently have several work invitation letters to work for some companies as well as my common-law partner would like to sponsor me (She is Canadian in 4th generation).

How should I proceed about this? Should I get a lawyer? What are my chances?

Thank you very much.
Regards

 

[PMM]

Hi

Hi there.

First and foremost,I wish everyone Merry Past Christmas and Happy New Year.

I have several questions.

I have currently recieved exclusion order from CBSA and am out in custody of my common-law partner on bail.

I have resided in canada for 5 years and have overstayed my temporary status by 2.6 years.

Throughout that period of time I didnt renew my temporary status due to some personal issues and in general my priorities were skewed towards taking care of my common-law partner, who we have been together with for 1.5 years and who is currently on long term disability.

I got taken in by CBSA on 17th of december and served exclusion order that I signed on 28th of december.

I currently have several work invitation letters to work for some companies as well as my common-law partner would like to sponsor me (She is Canadian in 4th generation).

How should I proceed about this? Should I get a lawyer? What are my chances?

Thank you very much.
Regards

1. First you have to leave, I assume you have a removal date.
2. To return with in a year of the exclusion order, you will require ARC (Authorization to Return to Canada), whether you apply for a work permit or you C/L sponsor you.
3. It is extremely unlikely that you would get a work permit, as you have demonstrated by the overstay that you won't leave Canada. So I suggest you and your spouse discuss the sponsorship.

 

[Abe1004]

Hi


1. First you have to leave, I assume you have a removal date.
2. To return with in a year of the exclusion order, you will require ARC (Authorization to Return to Canada), whether you apply for a work permit or you C/L sponsor you.
3. It is extremely unlikely that you would get a work permit, as you have demonstrated by the overstay that you won't leave Canada. So I suggest you and your spouse discuss the sponsorship.

Hi,thank you for your response.

So I cant appeal the exclusion order?

I am currently in process of applying for both work permit and spousal sponsorship..

 

[Abe1004]

Hi


1. First you have to leave, I assume you have a removal date.

No,I do not possess removal date.

 

[scylla]

The following page should be helpful:

http://www.cic.gc.ca/english/information/inadmissibility/arc.asp

If you wish to return to Canada before the exclusion order ends, you'll need an ARC (authorization to return to Canada). To the best of my knowledge, ARCs take a number of months to process. I think your best bet is to have your common law partner sponsor you using the out of Canada (outland) process. CIC will automatically process an ARC as part of their processing of your application. Unfortunately the fact you need an ARC will very likely increase the overall processing time for your file.

I wouldn't bother with the work permits / work invitation letters. I think this is a lost cause. First of all, you'll still need the ARC to return and a work permit likely won't be sufficient grounds to get an approved ARC. Secondly, to be approved for a work permit, you'll need to demonstrate that you have no plans to overstay your work permit and strong ties to your home country. Given your overstay and exclusion order - this isn't something CIC will believe. In other words, if you apply for a work permit - I think you'll definitely be refused.

Again, I would submit the common law sponsorship application as soon as you can. There's probably a very good chance you're going to spend the majority of the coming year outside of Canada (possibly more, depending where you're from and how long the processing times are for that country). You won't be allowed to re-enter until the ARC is approved. And even once the ARC is approved, immigration may still deny you entry and tell you to wait until your PR visa is approved and you're ready to immigrate.

Assuming your relationship is genuine and you have strong and ample evidence to support this, your chance of being approved is very high.

Whether you work with a lawyer is up to you. It's not a must.

Hope this helps and good luck.

 

[scylla]

Hi,thank you for your response.

So I cant appeal the exclusion order?

I am currently in process of applying for both work permit and spousal sponsorship..

You need to leave Canada before your exclusion order turns into a deportation order. A deportation order will make your situation more complicated than it already is.

I believe exclusion orders turn into deportation orders 30 days after they are issued (if you don't leave within that window).

 

[Abe1004]

Yes but from my understanding at hearing, judge said that they will not exclude me and all they need me to do is check in once a week in the immigration office.

Immigration officer said it takes months to arrange for date for me to leave which leaves me open to possibility to apply for common law sponsorship within Canada.

 

[Abe1004]

This is actually pretty confusing to me given i had to sign exclusion order yet i dont have removal date and simply need to check in in immigration office until further notice.

 

[Abe1004]

I really hope you guys can give me a little bit more output on this.

I am planning to appeal the exclusion order? Do you think I have good chances given that I have common-law partner that is sick(I am planning to appeal it on compassionate grounds). I am her only moral,physical and financial support.

Also wouldnt it make more sense to apply for sponsorship within Canada?

 

[Hyy]

Applying study visa again after Exclusion order which I complied. HELP

Hi:


I am confused and need experts opinion on my case.

I went to Canada, Jan 2011, on study permit for Masters program at Canadian university and I was on self funding. Somehow I got engage working without work permit it was just my 2nd day at work unfortunately CBSA caught me in March 2011 and at final hearing i was served Exclusion order for one year on June 2011. (I was totally unaware that working illegally cost me to leave Canada; by GOD) I left voluntarily in July 2011 within due course time given by CBSA plus i obtained certificate Of Departure at Toronto airpot.

Moreover, I scored more than 80% in my winter 2011 term. Anyways, I dint apply for ARC (to come back within 1 year penalty time) as some people told me it would take time and chances are not good (I was registered at university at that time).

I dint apply ARC and waited for 1 year term to get over. Meanwhile I was trying to get Fully funded admission (Masters) from some Canadian university. This Feburary 2013 I got full scholarship Masters admission for Fall 2013 (classes will start from September 2013). I was looking for scholarship because some people suggested me that last time you were on self funding and get caught working, so if you apply again on self funding you wont get visa but there are sure chances of getting visa again by applying study permit on Fully funded admission from university.

I applied visa 25 days ago at my home country's Canadian high commission consulate and got rejected by immigration officer on 2 points:

1. Quoted " your history of having contravened the conditions of admission on a previous stay in Canada"
2. Quoted " Purpose of visit "

Now I have 2 months left from starting date of classes at university. i am applying visa again; WHAT ARE MY CHANCES??? And What SHOULD I WRITE to justify these above 2 allegations by Immigration officer????? Kindly suggest me I want to go

I have scholarship admission this time my case is different they should give me visa. I left voluntarily and exclusion order was for one year and even then I am applying after 2 year they should give me visa.

 

[amikety]

Sadly, it's not surprising you got rejected. You've already shown your willingness to work illegally.

I'd say your chances about 0%. If you wish to study in a foreign country, you may want to look into other locations. As in other nations.