[HELP] How to return to his country with 1 year of overstay + Expired Passport.

[Lio_136]

Hello Everyone,
Thank you so much for reading this,
I would appreciate listening to different knowledge to save my friend from college in Toronto.

There is this person I met while in college who is under serious stress from overstaying in Canada. (He said he graduated high school in BC and then came to Toronto for college.)
And his goal is to return to his country (Japan), but also reduce the risk of getting a Deportation Order. (Visa & Passport Expired 2023, March.)
(He wants to come back here in the future if possible, or travel to another country safely one day.)

Here are his main problems.
Wrote down the wrong deadline for extending his permit (90 days from May so Aug 3rd.) However, he was supposed to calculate from March, not May 2023.
During that time, he struggled to survive 2-3 months because his grandmother refused Nursing home and later police and mother decided to put grandmother in hospital for certain time, move back to a Nursing Home but the amount of financial crisis their family faced made him unable to focus on his status or double check his extension date. (He used his physical notebook to start applying for an extension from 60 days from May to June 4th). During that time some College Fitness Coach stole his phone for April 16~May19th.

The bad guy did not return the phone at the end led my friend wanting to sue him on June 4th but he was in a worse situation than the other bad guy. (90 days from March was June 5th)
He contacted Immigration Lawyer on LinkedIn but could not afford $350/hr of consultation knowing that there are not many things you can do to extend if you go over 90 days.
Couple of months late (2024, Jan), he realized his passport expires in 2023 not 2028 (He was a high school student so his passport was 5yrs, not 10 years),
Now he has no Passport, and no visa so He has no option but to ask voluntarily for a Departure Order to leave the country, however, need of a passport to purchase a ticket or apply for Emergency also requires valid permit.
Now my friend are stressed and scared to talk to Embassy because they may not help him and deport him right away without given his time to purchase tickets or makes it hard to return to Canada in the future.

Then I'm Japanese as well so I checked the Japanese Embassy in Toronto to see if he can apply for a new passport or Emergency Passport to return to his country, and I found the requirement for issuing both an Emergency Passport and a New Passport requires a Valid Permit. But IRCC or CBSA also wants your Valid Passport to apply for any of Temporaly Resident Permit or anything.

He would've returned to his country respectfully and quietly if he at least had a passport but he got both of them expired.
What can be done for his situation to get better enough to be able to issue new passport to return to his country?

My advice to him was to give up a little bit and just go talk to the Embassy to see if they can issue you a new passport, if not, you might have to deported yourself then you can ask for a deferral/appeal to Departure Order instead of getting a Deportation Order.
Since he hasn't received any letter from IRCC or CBSA, I don't know how he is going to request an ideal plan of Departure Order instead of a Deporation Order but I think he has to try at the Embassy first.
(Since his passport is expired, his concern is not having enough proof to show them to identify them. He should've took car licence back in Japan but now he has to try his best to proof his identity.)

Thank you so much for your time!
I hope considerate people like you can figure out any possible action he can take.
For example, what to do if the Embassy doesn't take any action unless you fix your status first? (Need to deport yourself?)

And Idealy, once he got a passport, he has to think about whether he tell the government about his 1 yr of overstay before he leaves or tell them when he is about to come back to Canada.
(Both situation makes it harder for him to apply any of Temporary Resident Permit anyway due to expired visa.)

Hope to hear from your kind hearted and intelligent words of yours.
Thank you for helping my friend, I feel like I am not experienced enough about overstay like this that I don't know how to support/tell him.
Ryoya.

 

[TechMD Agencies]

Immediate Actions:

1. Contact the Japanese Embassy: Your friend should reach out to the Japanese Embassy in Toronto immediately to discuss his situation and explore options for obtaining a new passport or an emergency travel document. They may provide guidance on the necessary steps to take.
2. Seek Legal Assistance: While professional legal advice may be costly, your friend could consider reaching out to legal aid services, community organizations, or pro bono legal clinics that offer assistance to individuals in similar situations.
3. Request a Voluntary Departure: If your friend is unable to regularize his status in Canada, he can voluntarily request a departure order to leave the country. This may help avoid a deportation order and could potentially facilitate his return to Canada in the future.

Future Planning:

1. Addressing Overstay: It is essential for your friend to be transparent about his overstay when dealing with immigration authorities. Whether he discloses this information before leaving Canada or upon his potential return, honesty is crucial in resolving his immigration status.
2. Reentry Considerations: Once your friend obtains a new passport and resolves his immediate immigration issues, he should carefully consider the implications of his overstay on future travel plans to Canada. Understanding the consequences and potential restrictions is vital for any future visits.

Additional Support:

1. Community Resources: Encourage your friend to seek support from community organizations, immigrant services, or advocacy groups that may offer guidance and assistance in navigating his immigration challenges.
2. Emotional Support: Dealing with immigration issues can be overwhelming. Encourage your friend to prioritize self-care and seek emotional support from friends, family, or mental health professionals during this stressful time.

 

[Lio_136]

Hi TechMD Agency,
Thank you so much for your organized and very helpful knowledge.

In terms of Requesting a Voluntary Departure, how does it work if the person has not received any removal order? (or not sure if he has received it or not)
Is there any form you must fill out to explain why it happened?
I hear the case of receiving a Departure or Deportation Order but I've never heard of the case of requesting so it would be very helpful to know how that process works. (Ex. Where to request it)

He now understood that he has to go to the Embassy to see what happens but it is also important to know what he needs to do if the Embassy asks an individual to regularize his status first to apply for a passport.

Thank you so much for the comment, Coming back to Canada by applying for TRP would be challenging and that is inevitable for him.
I encourage him to talk to as many community legal services as possible, but he is struggling to summarise his reasons.
I hope he can consult that with legal assistance and return to his country as well.

Best regards,
Ryoya.

 

[TechMD Agencies]

here is how the process of requesting a voluntary departure works if the person has not received a formal removal order:

1. No Removal Order Received:
   • If the person has not received a formal removal order from the immigration authorities, they do not have the option to request a voluntary departure.
   • Voluntary departure is typically granted as an alternative to a formal removal order, allowing the individual to leave the country on their own terms.
   • Without a removal order in place, the person would need to explore other options to regularize their immigration status or voluntarily depart the country.
2. Initiating the Process:
   • There is no specific form to fill out to request a voluntary departure if the person has not received a removal order.
   • The process typically begins when the immigration authorities initiate removal proceedings against the individual, at which point the option of voluntary departure may be presented.
   • The person would need to communicate with the immigration authorities, such as the Canada Border Services Agency (CBSA), to express their desire to voluntarily depart and provide any supporting documentation or evidence.
3. Consulting Legal Assistance:
   • Given the complexity of immigration matters, it is highly recommended that the individual consult with a qualified immigration lawyer or legal service provider.
   • They can provide guidance on the person's specific situation, the available options, and the necessary steps to request a voluntary departure, if applicable.
   • The lawyer can also assist in navigating the process and ensuring the person's rights are protected.
4. Addressing Embassy Requests:
   • If the embassy in the person's home country requests that they first regularize their immigration status before applying for a new passport, the individual should follow the embassy's instructions.
   • This may involve exploring options such as applying for a temporary resident permit (TRP) or other immigration programs that could help them regain legal status in Canada.
   • The immigration lawyer can provide guidance on the best course of action and the potential implications of any decisions made.