Voluntary Departure (Removal Order)

[igotscrewed]

I got a voluntary departure which is under a forcebale removal order.
I have complied with the CBSA and GTEC (Greater Toronto Enforcement Center).
I filed for my deferal which was refused as CIC and CBSA both are under impression that I don;t want to leave canada.
Reasons I mentioned in deferal were legit but still refused.
I just have one question.
I was asked whether I can arrange my own ticket or should CBSA arrange for me?
I have to let CBSA know about my ticket on 27th of this month and I have to leave Canada on or before 7th November 2011.
If I cannot come with my funds to purchase ticket and CBSA arranges ticket for me how long will it take for them to arrange the ticket for me and will they detain me?
Please I know there are lot of respected and very famous personalities here who offer a true opinion based on their expertise which I am looking at this point. Please help.....

 

[NBaker]

Hi there igotscrewed,

Couple of points on the face of the information provided since I do not have all of the facts of your case:

- it is likely you are subject of an enforceable removal order, but the term forceable is kind of neat
- you appear to have been given the opportunity to voluntarily comply with your removal order and this means you may purchase your own way home - if given this option the officer involved in your case must believe you have the means to do so or can prove you have them (are able to purchase your own ticket, have or will have by your departure a valid travel document and have the intention of returning to your country of nationality or other country where you may remain as more than just a tourist)
- if you fail to show you have the above requirements by the date required you should expect a flight to be booked immediately for you and be directed to report for removal failing which a warrant for your arrest could be issued
- will you be detained? Good question - if the officer believes you are unlikely to appear for removal you most certainly could and should be detained to ensure the enforcement of the removal order, but you have indicated that you complied with GTEC and CBSA in the past so why would you not comply now? If you will and no other reasons exist for detention (your narrative provides none - yet there appears to have been concern about your willingness to depart in your deferral request statement so I have to wonder why you are still wandering around, but again I don't have all the details so grounds to detain are unlikely to exist so we'll continue to go with that)
- the benefit to purchasing your ticket home generally means more time to depart would normally have been provided to you to leave and if at some time in the future you applied to return and were approved to do so and your removal order has become a deportation order (which I am assuming without full case specifics) or your removal order is an exclusion order and you are seeking to return earlier than the prescribed time of prohibition then you would not be required to repay removal costs which vary depending on how you are removed from Canada.
Bear in mind a ticket could have been arranged for your departure the day you spoke to the enforcement officer providing as little as 7 days notice (depending on the country) so that's the timeline I would expect if you don't buy a ticket at a minimum. Did the officer you spoke to not explain all this? Maybe you had information overload and forgot some of this. If not the officer could easily have done so, too bad they didn't if that was the case, but that changes none of the facts.

Tell me what reason for deferral of removal did you have? Also, how ever, did you come up with the igotscrewed handle? What makes you think you were?

I encourage you to comply, as you state you have in the past, and if you have the means buy your ticket for the date required or expect immediate arrangements for enforcement of the removal order against you to be made immediately

All the best to you for the future

N

 

[Jen01]

Hi, I also got a volunteering departure order few months ago. I went to the parliament and they helped me to contact immigration office. The officer on my case said that I don’t need to have a legal status to be an inland as my permanent resident is going through processing. But sometimes I still feel scared and guilty because I don’t want it to turn into a deportation order

 

[Buletruck]

First, please don’t reopen really old posts. Chances are the people responding are not going to answer. Best to start a new topic.

Second, chances are that unless CBSA or IRCC have deferred your departure order, it’s already a deportation order. Assuming you have a spousal sponsorship in processing, it’s likely it’s been deferred. You can contact CBSA to confirm this. If it’s deferred, you have nothing to feel guilty about.

 

[Jen01]

Sorry I’m didn’t mean to reopen old post, I didn’t pay attention to the dates.

But thanks for your feedback. Also I have a permanent resident application ongoing and I’m certain I will get approval because I applied through the care giver platform. But not sure if they will give my spouse who is still in my country

 

[canuck78]

There is more to this story. Why are you in Canada? How did you run out of status? There is never a guarantee when applying to any program. There are good chances.

 

[Jen01]

Well, I came to Canada through Caregiver program, I did my complete 2years. My status ran out when I changed the program to caring for children pathway because I thought it was faster, my extension of work permit was refused. Then my rep said we had two months from the day of refuser , but that wasn’t the case, it was being counted from the time my previous work permit expired. So my bringing work permit was refused again but my permanent resident application with my spouse was acknowledged . So my rep applied for as a foreign national for work permit again with really properly asking. This time I was told my status had expired being those previous applications was made and I no longer qualify for restoration of status and was advised to leave Canada. But I went to the parliament and explain myself. So they told me I don’t have to have a status to be an inland since I’m waiting on my PR.

 

[Jen01]

P.S not the parliament office, they actually took time to get in touch with a senior officer who was working on my application.

 

[canuck_in_uk]

Well, I came to Canada through Caregiver program, I did my complete 2years. My status ran out when I changed the program to caring for children pathway because I thought it was faster, my extension of work permit was refused. Then my rep said we had two months from the day of refuser , but that wasn’t the case, it was being counted from the time my previous work permit expired. So my bringing work permit was refused again but my permanent resident application with my spouse was acknowledged . So my rep applied for as a foreign national for work permit again with really properly asking. This time I was told my status had expired being those previous applications was made and I no longer qualify for restoration of status and was advised to leave Canada. But I went to the parliament and explain myself. So they told me I don’t have to have a status to be an inland since I’m waiting on my PR.

I'm guessing you mean that you went to an MP's office and they told you that you can stay. That was bad advice. A PR app doesn't give you any right to stay in Canada, it does not negate a Departure Order and you will not be approved while in Canada illegally.

 

[Jen01]

Well it was the immigration office who told them. Anyways thanks for your advice. There’s a proof that if you have an application or some sort of court appointment it’s okay to stay until a decision is made. My removal Oder wasn’t enforced because of my PR application currently being process. I know for sure I will get it because I’m eligible.

 

[canuck78]

Well it was the immigration office who told them. Anyways thanks for your advice. There’s a proof that if you have an application or some sort of court appointment it’s okay to stay until a decision is made. My removal Oder wasn’t enforced because of my PR application currently being process. I know for sure I will get it because I’m eligible.

Unless you are in touch with CBSA your departure order is not on hold because your application. It may not be a priority but it isn’t on hold.

 

[canuck_in_uk]

Well it was the immigration office who told them. Anyways thanks for your advice. There’s a proof that if you have an application or some sort of court appointment it’s okay to stay until a decision is made. My removal Oder wasn’t enforced because of my PR application currently being process. I know for sure I will get it because I’m eligible.

The only thing that allows a person in Canada illegally to stay is having a Restoration app in process. Even then, they are still in Canada illegally until and unless the Restoration app is approved.

Again, applying for PR does not in any way grant status or give permission to be in Canada.

 

[Minnumaria88]

Hi can someone give me suggestions ?
My husband got voluntary departure order for his previous work permit application last week .
I am a nurse and I applied for the spouse work permit too few months ago and we applied for a PR too
We have a son and now it’s hard to take him with my husband to India due to covid
Is there any options that he can stay or apply for anything to get a restoration status

 

[scylla]

Hi can someone give me suggestions ?
My husband got voluntary departure order for his previous work permit application last week .
I am a nurse and I applied for the spouse work permit too few months ago and we applied for a PR too
We have a son and now it’s hard to take him with my husband to India due to covid
Is there any options that he can stay or apply for anything to get a restoration status

At this point you need to hire a good immigration lawyer to assist you. This is no longer a do-it-yourself case or something where you should be taking advice from a public forum. Get professional advice and good luck.

 

[canuck78]

Hi can someone give me suggestions ?
My husband got voluntary departure order for his previous work permit application last week .
I am a nurse and I applied for the spouse work permit too few months ago and we applied for a PR too
We have a son and now it’s hard to take him with my husband to India due to covid
Is there any options that he can stay or apply for anything to get a restoration status

Also sounds like your WP may also be an issue is you applied for a SOWP based on his WP.