H&C Humanitarian Ground with/or Without Failed refugee claim

[Bornlucky]

Can I have someone with me to translate some things for me when I do have interview ro CBSA, I cannot speak english fluently by speaking ? Are they going to collect my passport ?

Hi - I asked earlier but it isn't clear to me that you are the subject of a Deportation Order.

It sounded like you received a letter telling you that your stay in Canada as a visitor will not be extended and that you were directed to leave Canada immediately. You said that they wouldn't extend your TRV and so it's clear that this isn't accurate because the validity for a TRV is not grounds for inadmissibility once you're inside Canada.

There are lots and lots of people in Canada with expired TRVs who have visitor status with valid Visitor Records, Student and Employment Authorizations. Deportation Orders aren't issued for this reason.

I'm not really prepared to wade through IRPAs Regulations regarding the differing types of removal orders and who has what authorities under specific circumstances, but in my memory IRCC doesn't issue Deportation Orders.

So, before wondering about what the CBSA might do, could you confirm that you actually have a document that says Deportation Order and that has your name on it?

Many thanks

 

[Katayoon]

Can I have someone with me to translate some things for me when I do have interview ro CBSA, I cannot speak english fluently by speaking ? Are they going to collect my passport ?

Yes you can bring a trusted person to translate. You will see it mentioned in your CBSA convocation letter.

They will seize your passport if you apply for PRRA. You can have it back after your receive COPR.

If you indeed received a removal order, you can wait until CBSA reaches out to you.

 

[wello711]

It says in the letter

“You must leave Canada immediately, failure to do so could result in enforcement action being taken against you.”

I think this is not a removal order

 

[SpiritualWonderWomen]

Hi - I asked earlier but it isn't clear to me that you are the subject of a Deportation Order.

It sounded like you received a letter telling you that your stay in Canada as a visitor will not be extended and that you were directed to leave Canada immediately. You said that they wouldn't extend your TRV and so it's clear that this isn't accurate because the validity for a TRV is not grounds for inadmissibility once you're inside Canada.

There are lots and lots of people in Canada with expired TRVs who have visitor status with valid Visitor Records, Student and Employment Authorizations. Deportation Orders aren't issued for this reason.

I'm not really prepared to wade through IRPAs Regulations regarding the differing types of removal orders and who has what authorities under specific circumstances, but in my memory IRCC doesn't issue Deportation Orders.

So, before wondering about what the CBSA might do, could you confirm that you actually have a document that says Deportation Order and that has your name on it?

Many thanks

Sorry for confusion maybe I am wrong what this called is.

 

[Katayoon]

Sorry for confusion maybe I am wrong what this called is.

Does it say at the end "your case will be transferred to CBSA" or something along these lines?

 

[Bornlucky]

It says in the letter

“You must leave Canada immediately, failure to do so could result in enforcement action being taken against you.”

Hi - you posted just as I did! Sorry for the earlier post when this makes it clear that you are not presently the subject of a Deportation Order. Immigration is ALL about technicality so their terms are important.

"Enforcement action," is their threat to obtain a removal order should you ignore their direction to leave. You don't have a Deportation Order yet and you may never get one, instead you might receive a lesser order to leave Canada, like a Departure Order.

Your situation is this, just for clarity and to reduce somewhat the degree of anxiety that an actual Deportation Order would create.

You were a valid visitor and now you are not.

There are things that you can do now like applying for a reinstatement of your visitor's status - I don't keep abreast of how that all functions but others may have personal experiences with this avenue for retaining valid visitor's status after a refusal of an extension request.

I hope things go well for you, but you're not currently as far down the enforcement path as your earlier post suggested. You are not the subject of a Deportation Order.

Good luck

 

[SpiritualWonderWomen]

It states in the letter

“You are out of status who is no longer eligible to apply for restoration.”

My visitor document has expired already last 2021.

 

[Bornlucky]

Sorry for confusion maybe I am wrong what this called is.

Hi - I understand that there's plenty of confusion when you're already anxious. Immigration is already complicated and when I see a muddle then I'm happy to clear it up, if I can.

Immigration is all about technicalities. It's important for the applicant to learn about what's happening and to retain the terms recognized by the government. You were worried about the CBSA and others were chipping in about a situation that simply doesn't exist.., yet.

If I have it correctly, you had valid visitor's status and your application to extend this status was refused and you've now been directed in writing to leave Canada. You have an open H&C application without a decision yet as to approval in principle (AIP).

You are not a failed refugee claimant because if your were then you'd already have a removal order.

So, do you carry on some sort of fight to try and remain in Canada by attempting to regain your valid visitor's status; or, do you remain in Canada without status and become a CBSA case for them to report you, get a removal order and force your departure? And what about that H&C (it will still be decided wherever you live).

The decisions that you make going forward are very important and well worth the expense of seeking the advice of a quality immigration lawyer. This is just the internet.

 

[Bornlucky]

It states in the letter

“You are out of status who is no longer eligible to apply for restoration.”

My visitor document has expired already last 2021.

Well, that ship has sailed then. You're simply out of status in Canada now.

 

[Katayoon]

It states in the letter

“You are out of status who is no longer eligible to apply for restoration.”

My visitor document has expired already last 2021.

When my partner lost status after his last appeal, IRCC issued removal order and notified CBSA who then sent him a convocation letter to discuss removal. It was written in his letter that his file has been transferred to CBSA.

If you are unable to regain status via different route, you can leave voluntarily but once you depart your HC arguments, especially establishment, will be weakened. So most of us try to stick around as long as we can until we are called by CBSA and then hang on to whatever little thread we can get, such as PRRA, to drag it out and buy time until AIP.

In the meantime, retaining a lawyer will give you a peace of mind.

 

[SpiritualWonderWomen]

Thank you for this information guys.

 

[MANU07]

FINALLY FINALLY I RECEIVED MY PR CARD TODAY IT WAS A LONG LONG PROCESS BUT VICTORY AT THE END
2018 FEBRUARY Husband file application
2018 MARCH AOR
2020 JULY Aip
2020 SEPTEMBER MEDICAL
2021 spouse add on October
2021 spouse medical
2022 February 17 COPR
2022 May PR CARD RECEIVED
DONT GIVE UP FRIENDS ITS BEEN FOUR LONG YEARS FOR US

congratulation

 

[Rina1021]

Thank you for this information guys.

Have you look into applying for TRP?

 

[SpiritualWonderWomen]

What a bad news for me. My H nad C has refused today from Toronto Office. I guess this is the end of my journey.

 

[temmy-27]

What a bad news for me. My H nad C has refused today from Toronto Office. I guess this is the end of my journey.

This is so sad on what grounds did you apply ?you can appeal or submit another HNC