Removal Order

[Harmeet_0001]

Hi everyone!! I am posting for a friend.
my friend is out of status in Canada, and he is married to a temporary worker. His wife has an approved PNP and my friend will be leaving the country so that his wife can submit the permanent residency application as a principal applicant and add my friend as a dependent who is outside Canada. My question is will him being out of status impact their application?

Secondly, he also mentioned that he was trying to travel domestically and was stopped at an airport and he was denied the flight. The officer also said him that. he will be sent some paperwork on how to proceed further but he never received anything. Is that a removal order that officer was talking about? He also got a random call from a no caller ID a few days ago that claimed to be someone from immigration and he said he has 60 days to leave the country and weirdly that person had all his details for example, the dates when he got refusals on his applications, his past addresses and his current address do you think it was a scam call or was it a genuine call? And are removal orders issued over the phone because he never received any official documentation or even there was no update on his IRCC account because his representative manages his account from his representative portal and he never received anything regarding his removal. Any help would be highly appreciated. Thank you.

 

[canuck78]

Hi everyone!! I am posting for a friend.
my friend is out of status in Canada, and he is married to a temporary worker. His wife has an approved PNP and my friend will be leaving the country so that his wife can submit the permanent residency application as a principal applicant and add my friend as a dependent who is outside Canada. My question is will him being out of status impact their application?



Secondly, he also mentioned that he was trying to travel domestically and was stopped at an airport and he was denied the flight. The officer also said him that. he will be sent some paperwork on how to proceed further but he never received anything. Is that a removal order that officer was talking about? He also got a random call from a no caller ID a few days ago that claimed to be someone from immigration and he said he has 60 days to leave the country and weirdly that person had all his details for example, the dates when he got refusals on his applications, his past addresses and his current address do you think it was a scam call or was it a genuine call? And are removal orders issued over the phone because he never received any official documentation or even there was no update on his IRCC account because his representative manages his account from his representative portal and he never received anything regarding his removal. Any help would be highly appreciated. Thank you.

He needs to speak to his representative but sounds like he has a warrant for removal given he was not able to fly domestically. Also Clearly CBSA who was calling him. Has he moved in the past few years? In general he needs to leave Canada asap. What do you mean by PNP approved? It can’t be with a spouse out of status.

 

[Harmeet_0001]

Yes he has moved in the past couple of years, but he has been married from last 5 years and his spouse applied for nsnp and he was a dependent in her file. They got approval within 2 months. He is going to voluntarily leave the country soon. But he hasn’t really received any official documentation regarding the removal, and nor has his immigration consultant. He tried applying for trp and restoration with work permit but it was refused.

 

[canuck78]

Yes he has moved in the past couple of years, but he has been married from last 5 years and his spouse applied for nsnp and he was a dependent in her file. They got approval within 2 months. He is going to voluntarily leave the country soon. But he hasn’t really received any official documentation regarding the removal, and nor has his immigration consultant. He tried applying for trp and restoration with work permit but it was refused.

He hasn’t been receiving things because he has not updated his address. Sure removal documents or CBSA meeting request was sent to his old address. She can’t get approved for PR with him being in Canada and out of status. Also approval in 2 months seems highly improbable.

 

[Harmeet_0001]

But the call that he got from a no caller id out of business hours mentioned his new address. And yes the pnp was approved in 2 months exact. He is going to leave the country before they submit the federal application. IRCC has his new address because his trp and restoration file was submitted from his new address and plus they have been doing their taxes every single year(both of them) so there was a way of finding his address.
Not to forget, he gave an address at the airport but never received any documentation. At this point we are confused. He is going to call IRCC to find out if there are any orders against him.

 

[canuck78]

But the call that he got from a no caller id out of business hours mentioned his new address. And yes the pnp was approved in 2 months exact. He is going to leave the country before they submit the federal application. IRCC has his new address because his trp and restoration file was submitted from his new address and plus they have been doing their taxes every single year(both of them) so there was a way of finding his address.
Not to forget, he gave an address at the airport but never received any documentation. At this point we are confused. He is going to call IRCC to find out if there are any orders against him.

CBSA doesn’t have access to CRA info. He needs to speak to CBSA not IRCC as well as his representative. Approved PNP means you have PR which doesn’t appear to be the case. CBSA does call often without caller ID because most are not anxious to talk to CBSA when they are living in Canada without status. They also calls outside work hours to try and make contact when most people are not at work and can take personal calls.

 

[Harmeet_0001]

The person calling told him to leave in 60 days, which he is doing anyways. So do you think that will resolve the problem for them? And I heard that IRCC and CBSA work together and any update regarding a removal order will be posted under his UCI on his ircc portal. Also can calling CBSA arise further unwanted issues for him? Like for example if there was nothing issued against him yet, his call might flag him as being out of status.

 

[canuck78]

The person calling told him to leave in 60 days, which he is doing anyways. So do you think that will resolve the problem for them? And I heard that IRCC and CBSA work together and any update regarding a removal order will be posted under his UCI on his ircc portal. Also can calling CBSA arise further unwanted issues for him? Like for example if there was nothing issued against him yet, his call might flag him as being out of status.

If he couldn’t fly domestically there is likely an immigration warrant out for him. Yes he should contact CBSA with proof of his flight home or else he could end up in immigration detention.

 

[Harmeet_0001]

So as long as he leaves the country within 60 days and inform CBSA about it, they should be fine and their PR application will not have any repercussions?

 

[canuck78]

So as long as he leaves the country within 60 days and inform CBSA about it, they should be fine and their PR application will not have any repercussions?

He needs to contact CBSA asap and find out what orders he has against him. Would also leave as soon as possible not at 60 days. Whether he needs ARC will be dependent on what CBSA says. If they want to pursue PNP he has to leave so minimizing the damage should be the goal at this point.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html

 

[scylla]

So as long as he leaves the country within 60 days and inform CBSA about it, they should be fine and their PR application will not have any repercussions?

None of us can tell you that for certain since we don't know his full immigration history or profile. I would recommend he leave as soon as possible vs waiting the full 60 days.