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Exclusion order

Bornlucky said:
This appears to be a "request for deferral of removal."

This is where you can put any of your reasons for deferring your removal from Canada. CBSA officers have limited discretion to put off a removal for just cause.

Your reasoning on here seems to amount to you wanting to remain in Canada with zero status, an enforceable removal order and the legal authority to do nothing while here.

Where are you from, or is that a big super secret?
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I’m from St.Lucia.
Yes at the moment I have no legal authority to do anything due to bad legal advice that was supposed to get my work permit renewed.
Still awaiting LMIA approval.

I’m trying to see if I would be able to be granted authorization to work while I wait for a decision on my inland sponsorship.

If I am not allowed to work if I am permitted to wait in Canada, I will leave until something else works out.
 
Bigdawg said:
I’m from St.Lucia.
Yes at the moment I have no legal authority to do anything due to bad legal advice that was supposed to get my work permit renewed.
Still awaiting LMIA approval.

I’m trying to see if I would be able to be granted authorization to work while I wait for a decision on my inland sponsorship.

If I am not allowed to work if I am permitted to wait in Canada, I will leave until something else works out.
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The deferral was offered by the case agent. They said I should submit the request.
Im inquiring as to if it’s worth the try.
 
Bigdawg said:
I’m from St.Lucia.
Yes at the moment I have no legal authority to do anything due to bad legal advice that was supposed to get my work permit renewed.
Still awaiting LMIA approval.

I’m trying to see if I would be able to be granted authorization to work while I wait for a decision on my inland sponsorship.

If I am not allowed to work if I am permitted to wait in Canada, I will leave until something else works out.
Click to expand...

When was your inland application submitted? Do you have AIP? You would need to obtain AIP to be able to apply for an open work permit.
 
scylla said:
When was your inland application submitted? Do you have AIP? You would need to obtain AIP to be able to apply for an open work permit.
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Inland submitted May 1
AOR May 17
AIP - not yet

In the request for deferral, would I be able to request permission to work during my waiting period ?
 
Bigdawg said:
Inland submitted May 1
AOR May 17
AIP - not yet

In the request for deferral, would I be able to request permission to work during my waiting period ?
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I'm not aware if that's possible.
 
armoured said:
If the case agent said you should, then it's worth the try.
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Ok thanks,
It all seems very strange because I was assuming there would be no other options but then I was told I have the opportunity to make a deferral request.
 
Bigdawg said:
Ok thanks,
So if they allow me to stay it would most likely to simply wait until I get another decision on the inland full stop ?
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That would be my guess.
 
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Bigdawg said:
The deferral was offered by the case agent. They said I should submit the request.
Im inquiring as to if it’s worth the try.
Click to expand...

Okay, that's fair enough.

When requesting a deferral of removal the person is asking the CBSA to set aside the execution of their duties under their lawful authorities. So, it needs to be a compelling set of facts.

If you're trying to get an employment authorization then you need to cite any lawful means for you to be receipt of the work permit - quoting the Act and Regulations that would entitle its issuance.

You would need to provide the details of the actual submission of the application and your anticipation of its date of receipt.

But you will also need to tie this work permit and deferral of removal for something more than you'd rather work than be removed. Perhaps some demand inside the relationship like a pregnancy or a depression effecting the sponsor, but nothing is a certainty.

I'd certainly mention the acceptance of poor advice and deep regret for now being in such an unfavourable position. Your challenge here is the comparable requests for deferral are often laden with allegations of serious physical risk by failed refugee claimants.

If you don't make a request for deferral then there's nothing to consider. So, maybe they liked you and there's someone else that they'd much more prefer to remove and they give you a pass. You don't know if you don't try.

Let's say that your wife went to the doctor who puts in writing that she's showing symptoms of depression where the catalyst is your unfortunate series of missteps while navigating complex and confusing Canadian immigration yada, yada, yada.....

The letter should be brief, pointed and respectful.

Good luck is required but you're do for some so write a serious letter and cross your fingers.
 
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Bigdawg said:
Ok thanks,
So if they allow me to stay it would most likely to simply wait until I get another decision on the inland full stop ?
Click to expand...

One step at a time. For the moment you're requesting a deferral. I'd focus on making a good,, simple case.

The core of that will likely be that you have a spousal application in process and it will be hard on your spouse to be without you; if you have children, an even more compelling case.

I would keep it factual as much as possible - don't write pages and pages of how your spouse will be without you. And while you can emphasize how difficult, don't make anything up.
 
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armoured said:
One step at a time. For the moment you're requesting a deferral. I'd focus on making a good,, simple case.

The core of that will likely be that you have a spousal application in process and it will be hard on your spouse to be without you; if you have children, an even more compelling case.

I would keep it factual as much as possible - don't write pages and pages of how your spouse will be without you. And while you can emphasize how difficult, don't make anything up.
Click to expand...
Ok thank you,
I will submit it tomorrow and see what happens.
 
Bornlucky said:
Okay, that's fair enough.

When requesting a deferral of removal the person is asking the CBSA to set aside the execution of their duties under their lawful authorities. So, it needs to be a compelling set of facts.

If you're trying to get an employment authorization then you need to cite any lawful means for you to be receipt of the work permit - quoting the Act and Regulations that would entitle its issuance.

You would need to provide the details of the actual submission of the application and your anticipation of its date of receipt.

But you will also need to tie this work permit and deferral of removal for something more than you'd rather work than be removed. Perhaps some demand inside the relationship like a pregnancy or a depression effecting the sponsor, but nothing is a certainty.

I'd certainly mention the acceptance of poor advice and deep regret for now being in such an unfavourable position. Your challenge here is the comparable requests for deferral are often laden with allegations of serious physical risk by failed refugee claimants.

If you don't make a request for deferral then there's nothing to consider. So, maybe they liked you and there's someone else that they'd much more prefer to remove and they give you a pass. You don't know if you don't try.

Let's say that your wife went to the doctor who puts in writing that she's showing symptoms of depression where the catalyst is your unfortunate series of missteps while navigating complex and confusing Canadian immigration yada, yada, yada.....

The letter should be brief, pointed and respectful.

Good luck is required but you're do for some so write a serious letter and cross your fingers.
Click to expand...
Ok thank you,
Fingers crossed
 
The exclusion for 12 months stays.
My exclusion order was carried out. I paid for my flight and left Canada June 5 2024.
My CBSA officer said that she will add that I was cooperative in my file.
She also said to withdraw my spousal application and submit it for Outland now (32 months for Quebec), which I have done.
I was able to do an IELTS test June 4th 2024, and with this I have submitted an EE profile, June 17th 2024.( 5-8 months)
After reading through other forums its seems getting another temporary visa after my infraction wouldn’t be the most possible option.

What are your thoughts ?
Express Entry ?
Outland Spousal ?
Wait for my employer to get the LMIA approval ?
 
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