Refused Study Permit Restoration - Out of Status - Spousal Sponsorship

[RyanDavis]

Hi everyone,

Here's my situation.

# My study permit was expired on July 30th, 2013.
# Due to delayed registration letter from school, I was unable to apply for extension before August 5th.
# Even though I have applied to restore my status within the 90 days (5 to be specific), I got refused & received a "Departure Order" without any date (assuming it automatically become "Deportation Order" after 30 days).

# I am engaged to a Canadian Citizen
# (Even though initially we weren't) At this point we are planning to get married asap (within the 30 days)
# We did not/do not wanna rush the spousal sponsorship application/process
# I can get "Managerial Directorial" employment letter (LMO could take more than 30 days)

If I leave -

# It might be extremely tough for me to get back in
# I will loose thousands of dollars

I know I can stay once the spousal sponsorship application has been submitted but if I wanna take time with that, what are my options at this point if I wanna stay here (without breaking the law)? Any type of inland visa? Or should I just rush the sponsorship process?

Thank so much in advance !!! I'm at the verge of jumping of off a bridge here

 

[zardoz]

I'm not sure that a departure order is negotiable. See http://www.cbsa-asfc.gc.ca/media/facts-faits/051-eng.html
As far as I could tell, you can't appeal if you only held a TRV. I don't think that even a PR application submitted now will protect you from it turning into a deportation order if you stay.

Rushing into marriage to beat it would raise a few red flags in my humble opinion...

 

[Alurra71]

Raise a few red flags? I think that would be the understatement of the century.

A Departure Order is giving you the option of leaving on your own. If you should do it that way, loosing money or not, you will not require an ARC when and if you get to the sponsorship stage of getting your pr status.

If you let it become Deportation, make no mistake they WILL come looking for you and I can assure you, you won't like the outcome and it will also cost you thousands of dollars, not to mention at minimum a one year BAN from coming to Canada.

If you think you can get LMO, then return to your country under the departure order, be sure to have the CBSA stamp it or whatever it is they do, so it's noted that you did indeed leave before the 30 days is up, get the LMO and then a work permit, and THEN return to Canada with a valid visa. You can THEN do your wedding and file your spousal sponsorship without worrying about someone breathing down your neck.

Even if you rush this wedding and this sponsorship, it will not save you from deportation if they wish to do just that, and it does not give you any rights to stay inside canada.

I would give this some serious hard thought before proceeding no matter how hard you think it is going to be.

 

[zardoz]

What, by the way, is a "Managerial Directorial" employment letter, and how does it defeat the requirement for an LMO?

 

[RyanDavis]

Raise a few red flags? I think that would be the understatement of the century.

A Departure Order is giving you the option of leaving on your own. If you should do it that way, loosing money or not, you will not require an ARC when and if you get to the sponsorship stage of getting your pr status.

If you let it become Deportation, make no mistake they WILL come looking for you and I can assure you, you won't like the outcome and it will also cost you thousands of dollars, not to mention at minimum a one year BAN from coming to Canada.

If you think you can get LMO, then return to your country under the departure order, be sure to have the CBSA stamp it or whatever it is they do, so it's noted that you did indeed leave before the 30 days is up, get the LMO and then a work permit, and THEN return to Canada with a valid visa. You can THEN do your wedding and file your spousal sponsorship without worrying about someone breathing down your neck.

Even if you rush this wedding and this sponsorship, it will not save you from deportation if they wish to do just that, and it does not give you any rights to stay inside canada.

I would give this some serious hard thought before proceeding no matter how hard you think it is going to be.

This is what I found from my research so far -

"In addition to Restoration, H&C and TRP applications, married or common-law spouses who are out of status in Canada can apply to be sponsored by a Canadian permanent resident or citizen. The government of Canada has implemented a special policy that waives the requirement to have valid temporary status in Canada when being sponsored by a spouse. It is important to note that being out of status is the only breach of the Act that is allowed."

 

[zardoz]

Yes, but that assumes that you have not been served a departure order.

 

[RyanDavis]

At this point, within the 30 days, can I apply for an *Inland* Temporary resident permit (such as: Visitor's Visa or a New Study Permit (Note that, the extension of my original one was refused))

Or is there anyway, I can make an appeal?

 

[zardoz]

I really don't think that you can beat this. And as far as I can tell, you have no appeal rights. How many days have you got left?

 

[Ponga]

This is what I found from my research so far -

"In addition to Restoration, H&C and TRP applications, married or common-law spouses who are out of status in Canada can apply to be sponsored by a Canadian permanent resident or citizen. The government of Canada has implemented a special policy that waives the requirement to have valid temporary status in Canada when being sponsored by a spouse. It is important to note that being out of status is the only breach of the Act that is allowed."

That `public policy' was implemented in February 2005.

CIC allows a person that is deemed to have a `Lack of Status' apply, BUT CBSA no longer has their previous administrative deferral in place (as of Nov 2011) that let those remain until their Inland application reached AIP (stage 1 approval).

Besides, the previous administrative deferral would only benefit someone who was not `removal ready', when their application was submitted. Since you've already received a letter from CBSA...you might very well be removal ready.

Good luck!

 

[RyanDavis]

27

 

[zardoz]

Well, you could spend tomorrow finding a good immigration lawyer, but if you have already received your Departure Order, I don't see what they can do.

 

[RyanDavis]

That `public policy' was implemented in February 2005.

CIC allows a person that is deemed to have a `Lack of Status' apply, BUT CBSA no longer has their previous administrative deferral in place (as of Nov 2011) that let those remain until their Inland application reached AIP (stage 1 approval).

Besides, the previous administrative deferral would only benefit someone who was not `removal ready', when their application was submitted. Since you've already received a letter from CBSA...you might very well be removal ready.

Good luck!

By the way, I haven't received a letter from CBSA yet. I have only received the refusal letter from the CIC, on my application to restore my status. This is what it said -

"Please leave Canada immediately. Failure to do so could result in enforcement action being taken against you." - GTA Central CIC

It doesn't have a date on it & I'm not even sure if this is an "Departure Order". Is it? Or should I expect something from the CBSA?

 

[Ponga]

By the way, I haven't received a letter from CBSA yet. I have only received the refusal letter from the CIC, on my application to restore my status. This is what it said -

"Please leave Canada immediately. Failure to do so could result in enforcement action being taken against you." - GTA Central CIC

It doesn't have a date on it & I'm not even sure if this is an "Departure Order". Is it? Or should I expect something from the CBSA?

You said that you had received a departure order:
I got refused & received a "Departure Order" without any date (assuming it automatically become "Deportation Order" after 30 days).

Not sure what you should do at this point, sorry.

 

[RyanDavis]

I thought the "Refusal Letter" was a departure letter. I'm still not sure if that is the case. So far, I have only received a refusal letter in MyCIC saying that my application to restore my status has been refused & that I should leave Canada. It's not from CBSA. Is that a "Departure Letter" or should I expect one from CBSA soon?

2nd question: If this "Refusal Letter" is not the same as the "Departure Letter", when & how should I expect a "Departure Letter"? Do I have to get their attention (at a checkpoint or by being arrested or tipped off by someone) or do they automatically send one to everyone who's application gets refused?

 

[keesio]

"Please leave Canada immediately. Failure to do so could result in enforcement action being taken against you." - GTA Central CIC

I'm not an expert but that sure as heck sounds like a departure order, with no ambiguity in its meaning.