I did do something stupid

[Marco2011]

Me and my wife are going for spouse sponsor ship, She is Canadian, and she is going to sponsor me.
I did do something stupid, I overstayed in Canada from 2008 till 2011 .
After that, I was issued an exclusion order (I have a ban for 1 year to return to Canada, ends on 19 march 2012).
I stayed at my wife's house and have proof from the housing cooperation.

I was wondering how much this is going to affect my sponsor spouse request.

Does anybody has a experience in this case? Ore some sort of information?

 

[Kedeisha]

Which situation applies to you

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

2. Exclusion Order (form number IMM 1214B)

a) If you were issued an Exclusion Order and
•12 months have passed since you left Canada and •you have a Certificate of Departure (IMM 0056B) showing the date you left Canada

you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

b) If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.


So did you leave for the 1 year and do you have the certificate if so then you are free to come back if it has not been a year and you do not have the certificate then you need to apply for and ARC.

 

[Marco2011]

Which situation applies to you


2. Exclusion Order (form number IMM 1214B)

a) If you were issued an Exclusion Order and
•12 months have passed since you left Canada and •you have a Certificate of Departure (IMM 0056B) showing the date you left Canada

you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

b) If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.


So did you leave for the 1 year and do you have the certificate if so then you are free to come back if it has not been a year and you do not have the certificate then you need to apply for and ARC.

I had a envelope made copys of it, and there was a Certificate of departure in it, i had to return the enelope to the canadian ambasee in Berlin when i arived back in the Netherlands. By 1 year ban ends on 19-03-2012.
But does this has confilict with our sponsor/spouse request we just did?

 

[Kedeisha]

so you ban is up in 2012 then you need to apply for an ARC as you are attempting to re-enter before the ban even if the application goes beyond the ban just to be on the safe side get an ARC

 

[awor]

I was advised by Seattle (my exclusion order is up in 9 weeks) not to bother applying as they only approve them in "extraordinary circumstances" - like PR being approved and you couldn't land. If there's a chance your PR will be approved before the order expires, apply for ARC.

 

[RobsLuv]

I know of someone else from Germany who had a one year exclusion order and was waiting for PR to be approved. He was informed that he could not enter Canada prior to the expiration of the exclusion order, even if his PR was approved by then. So, if your PR comes through after March 19, 2012, you'll be okay to come back to Canada to land. If your PR is approved before then, and your COPR expires before your exclusion order does, you won't be able to land and you'd have to start the whole process all over again. The COPR expiration will coincide with the date of expiration of your passport, or the one year anniversary of your immigration medical exam - whichever is first.

Because we don't have dates concerning the processing of your PR application, it's impossible to tell whether your exclusion order might interfere with your PR process. When did you submit the PR application? When did you undergo medical examination? Which embassy is processing your PR application and when did they get the file? If it's Berlin, they are currently finalizing spousal PR aps within 9 months of receiving the file.

As far as what was said by Kedeisha - the only problem is that, once they're ready to finalize your PR application, the passport request will give you a specific number of days to get the passport to them, and (as I already mentioned) the COPR they issue as a result of receiving your passport will have an expiration date. If your immigration medical exam was completed prior to March 19, 2011, your COPR will expire before your exclusion order does - and you won't have time to apply for an ARC and get it before your COPR expires - and, before that, I honestly don't know if you'd be able to demonstrate a valid reason for getting an ARC if you haven't received PR approval yet.

If you underwent your immigration medical exam sometime after March 19, 2011, you're in a better situation and you might have time to land after the exclusion order expires, but before your COPR expires. If not, my suggestion would be that you undergo a new medical examination, send proof to the embassy that is processing your application, and respectfully request that they delay finalization of your application for PR until after your exclusion order expires. Can't say for sure whether this will work, but it's worth a shot. By doing the new medical now, you'll give yourself until August/September of 2012 as a window for landing.

 

[Marco2011]

My medical was Just done, 1 week back, and our papers going next week to Mississauga for spousal approval. Isn’t it the way, that they include the arc with the sponsorship/spouse request?, and assign me a officer at the time it gets in Berlin? And isn’t he the one who ask me to pay the fees (1500) dollar?
I get different information? :-\

 

[awor]

Berlin sometimes goes pretty fast. But the application fee should be $400 (CAD), NOT $1500. Who told you that much?

While Seattle advised me not to apply, they did tell me if I did, that I needed to include payment and the application with the PR application and send it to Mississauga.

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

 

[Marco2011]

Berlin sometimes goes pretty fast. But the application fee should be $400 (CAD), NOT $1500. Who told you that much?

While Seattle advised me not to apply, they did tell me if I did, that I needed to include payment and the application with the PR application and send it to Mississauga.

The costs from getting excluded (the costs they made, i have to pay back, for europe its Cad 1500 dollar).
Im not sure if the application cost comes on top of that?

 

[Marco2011]

I was reading on the cic.gc.ca that:

If you are applying to come to Canada for any reason, (visiting, studying, working or immigrating),you should not submit a separate application for an ARC. If your application is approved, the ARC will be dealt within the context of that application. You will simply be asked to submit the fee.

So its getting dealed within the application than?

 

[awor]

Ohhh not fun!

I think RobsLuv's suggestion is good:

...respectfully request that they delay finalization of your application for PR until after your exclusion order expires. Can't say for sure whether this will work, but it's worth a shot.

Just add a note in there (include copies of the exclusion and departure orders) that your order expires on March 19, 2012 and if possible to please delay final processing until after that day.

 

[Marco2011]

If they ask me to pay back the 1900 Cad dollars, when its some months before march i will pay it, i have been to long away from my wife and 4 step-kids already. ???
I just hope it goes fast!!! Many will say just wait some months for the exclusion to end. Butt hell no, i want to go home.

 

[RobsLuv]

I think you guys need to get clear on whether you were ordered to leave Canada - like a voluntary departure order - or whether you were excluded from Canada. It's beginning to sound to me like you were ordered to leave - not excluded from entering - and those are two different things. I don't know whether you need an ARC or not, but you should definitely find out for sure before you move forward. Have your wife contact a qualified immigration attorney in Canada for an opinion. There are many good ones who will consult for 30 minutes for a reasonable fee. I know of one in the Toronto area - if your wife is near there, send me a PM and I will pass along his name and contact info.

 

[Marco2011]

I think you guys need to get clear on whether you were ordered to leave Canada - like a voluntary departure order - or whether you were excluded from Canada. It's beginning to sound to me like you were ordered to leave - not excluded from entering - and those are two different things. I don't know whether you need an ARC or not, but you should definitely find out for sure before you move forward. Have your wife contact a qualified immigration attorney in Canada for an opinion. There are many good ones who will consult for 30 minutes for a reasonable fee. I know of one in the Toronto area - if your wife is near there, send me a PM and I will pass along his name and contact info.

It was a exclusion order for sure, i have the certificate.
My 1 year ban ends on 19-03-2012.

On the certificate of departure says :Cause for removal = A36, A57
Criminality = no
Danger option issued = no
Removal under escory = no

Type of order = 2 = Exclusion order.

Thats what the Certificate of Departure says