Hello everyone.
Due to non compliance with residency obligations, I was issued a departure orders at Hamilton office. I filed an appeal before IAD through a lawyer,which has been dismissed. I have been itimated through a decision in mail.
Now I have some questions to ask. It is worth noting that my family sponsorship application is also pending.
Please give me sober suggestions.
1. Will CBSA issue me a order of removal with the deadline for departure? I am unable to understand what date I have to leave?
2. Can anyone guide me further about legal remedies like PRRA, Judicial Review and PR Application on Humanitarian and Compassionate grounds. And also mention the success rates? Please.
3.And if in case, I can't leave Canada in to comply with departure orders, what will be consequences? Till this moment, I have no idea whether Immigration Department or CBSA will give me another letter itimating me the date when I have to leave Canada.
Please elaborate all these issues in details.
It appears you are now a Foreign National (FN) and should leave Canada as soon as practical. If you meet eligibility requirements for PR (just like any other FN), you can apply to obtain PR again. BUT this DEPENDS on some particular details in your situation, which as oft noted before are important details in assessing the situation.
In particular, your situation was well beyond the scope of what this forum could reasonably offer
back in 2017. There were real reasons for the repeated emphasis to LAWYER-UP. Thus . . . again . . .
MOSTLY, ASK A LAWYER, YOUR LAWYER OR ANOTHER LAWYER.
Based on your reporting (which, it demands noting, has NOT been consistent in some key respects) . . .
You are NOT a PR. You are now a Foreign National (FN). In terms of proceedings to physically deport you, or proceedings you might pursue to block or stay physical deportation, it
APPEARS you are in a situation similar to just about any other FN who has overstayed or is otherwise undocumented. See topics about immigration to Canada and temporary entry into Canada for more discussion about prospective avenues for obtaining status to live or work in Canada. The discussions here are about maintaining PR status and NOT about how a FN might obtain status to remain in Canada or block deportation.
And obviously YOU are
NOT eligible to sponsor anyone, spouse or dependent, for a PR visa.
YOUR LAWYER IS THE BEST SOURCE OF INFORMATION REGARDING ANY AND ALL ISSUES RELATED TO THIS.
IF YOU ARE NOT CONFIDENT ABOUT THE OPINIONS AND ADVICE YOUR LAWYER OFFERS, FIND A NEW LAWYER.
I do not intend to cavalierly dismiss your particular questions, which are mostly about the physical deportation process, but frankly you probably know what the situation is . . . you do NOT have status in Canada and need to leave . . . but sure, you could be uncooperative, perhaps pursue some delaying tactics, even continue to stay unlawfully until apprehended, and such, but UNLESS a LAWYER has some very specific avenues of recourse to pursue, the long and short of it is you are a FN and do NOT have status to stay (let alone work or such) in Canada, and it is time to leave, regroup, and pursue what opportunities are available to you . . . whether those involve applying for PR again or something else.
WHAT HAPPENED . . .
It is possible, perhaps quite likely, there are aspects to your story which could help us better understand some particular elements in what happened in your case which could HELP CONSIDERABLY in understanding what could happen and what is likely to happen in many other PR's cases. There is, for example, a current discussion about a PR potentially in a similar situation to yours (depending on the actual facts), and some rather inconsistent views here about what is happening and what is likely to happen.
SO YOU COULD HELP US BETTER UNDERSTAND SOME IMPORTANT ASPECTS OF THE PROCESS if you were willing to share some important details. And this could help others in the future.
It is possible that the main factor in what happened, for YOU, is that IRCC officials, and the IAD, concluded your accounting of days in Canada was NOT accurate and thus IRCC did NOT give you credit for days you claim you were in Canada. That happens. The burden of proof is on the PR. A failure to prove presence means those days do NOT count. If this is what happened, please let us know . . . that would clarify details which are important to our understanding of how the process actually works.
OTHERWISE . . .
Timeline details would be especially helpful. The IAD decision, for example, should specifically state some important dates and numbers. Just those alone would help put much of what you reported into context and thus enable the forum to better respond, in the future, to other PRs who find themselves in a situation similar to yours.
It warrants noting, however, there have been some important inconsistencies and gaps in the information you have reported previously here. While the inconsistencies may be rooted in misunderstanding, nonetheless it is
IMPOSSIBLE to realistically grasp your real situation given those, and they make it especially difficult to draw conclusions which could help us help others in the future.
In this regard, it warrants mentioning here that many of your posts and queries in this topic have been based on the premise you had in fact met the RO, that your appeal was based on the 44(1) Report NOT being valid in law. Obviously multiple officials have concluded otherwise.
As of October 19, 2017 I responded:
You have reported being in Canada from January 22, 2013 until November 19, 2014. And in Canada from March 25, 2016 until now. That should not only meet the PR Residency Obligation, easily, but qualify you for citizenship.
So, obviously, something is not adding up.
What is not adding up is impossible to discern in the abstract. You and your lawyer are in the best position to figure out what the problem is.
Some clarifications could really help the forum.
The IAD decision should include many details which will sort much of this out. For example, at the least it should state how many days you were in Canada during the period of time that mattered . . . including, importantly, what that period of time was. (After all, you repeatedly reported physical presence in Canada sufficient to meet the RO . . . but obviously, IRCC officials and now the IAD as well have concluded otherwise.)
I recognize that the IAD's conclusions about the number of days in Canada might NOT be the same as you claim. What the IAD concluded is the key thing to know now.
But the relevant period of time is also hugely important. This never was clear in your posts. For example, was it
-- the period of time up to the date you made the PR card application, April 4, 2016
-- the period of time up to the date you were sent a request for documents June 20, 2016
-- the period of time up to the date you signed the response to that June 20, 2016 request
-- the period of time similarly (date of request or date of response) but relative to document requests in January 2017
-- the period of time similarly (date of request or date of response) but relative to document requests in May 2017
-- the period of time up to the date of the interview in Hamilton October 16, 2017
-- some other period of time
The key date should have been clear in the original 44(1) Report. That would ordinarily be the same date that the report was issued and delivered to the PR. Which for you, you have reported was October 16, 2017.
BUT as previously noted, that
DOES NOT ADD UP . . . given your presence, according to what YOU have reported, based on you reporting being IN Canada between January 22, 2013 and November 19, 2014, and again in Canada from March 25, 2016 until October 16, 2017, at least as of the date of the interview you were claiming presence in Canada for well MORE than THREE YEARS . . . which should easily have MET the RO.
Note: days in Canada after October 16, 2017 for sure DID NOT COUNT. A key question, however, is whether there was an earlier date that IRCC in effect stopped counting days in Canada. And if so, that information could really help us better understand more about the process and better help others in the future.
