Hi all,
Not quite sure where to post this but it's a rather complicated situation and we would really value some advice from more experienced board members.
My partner and are in the process of applying for a PR under the Family class sponsorship category for her (common law partner sponsor). She is German and I am a Canadian citizen. Her application has been in process since June and she is at AOR2 stage.
When I moved from the UK (where we were living) to Canada in July 2017 she applied for an eTA to travel with me as a tourist while her PR application was being processed. It never arrived. After months of chasing information and dealing with a total lack of communication from CIC, I filed an ATIP. We have discovered that in 2014 she was issued a deportation order. Here is why:
*******************************
As a child she gained PR status when she lived in Canada briefly with her parents. She returned 20 years later, in 2013 to live with me, and discovered that the status was still on the records but clearly she had not met the requirements. She was issued a departure order which our lawyer advised us to appeal (she was wanting to live in Canada with me and we were told this would be easier than renouncing her permanent residency then applying anew). For about 1.5 years her appeal stayed in the system and she lived with me in Canada. Unfortunately she not able to find full-time work and eventually we decided that we would look at opportunities outside of the country so that she could work full time. She was offered a position in the UK and accepted. So, in late 2014 she wrote a letter to CIC withdrawing her appeal to the departure order, explaining that she had been offered a job outside of the country and would be leaving Canada, and stating the date of her intended departure. She left before the 30-day grace period of her re-activated departure order, but she didn't realise she still needed to submit a Certificate of Departure when she left. Thus, she was given a deportation order even though she no longer lived in Canada! I stayed at our address for several months after her departure and no notices arrived to alert me to any of this. She wasn't alerted to it either so, we had no idea this had happened. We have a meticulous paper-trail of flight tickets, job contracts, etc. that prove she had indeed left the country.
**********************************
So, this leads us to our current situation. She is stuck waiting in Germany for her eTA and/or PR in order to enter Canada. Things are getting very difficult as the months go by, and we are very anxious to get some resolution to this situation. We're worried that it could be many more months for her PR process to be finalised given this deportation order. However, I know that it is generally seen as unlikely that you'd get an ARC just for an eTA. So, my questions are the following:
1. Given that her deportation order came due to an honest mistake (failure to fill out a form when she left the country), and she never actually overstayed, is there a chance we could get an ARC for her eTA? WOuld the fact that we are separated and she is applying for a PR permit help the case?
2. Is there any risk that is she were refused in an ARC application for her eTA she would have an even harder time getting her PR application (and related ARC) approved?
3. If you were in our place, would you apply for the ARC as part of her eTA (ie. now), or wait for the PR process to come to an end to avoid any risks of complication?
THanks for reading this to the end! It's a complicated and incredibly frustrating situation.
Editing to add: Neither of us have any criminal records, health issues, or unemployment (for me) that would complicate this.
Not quite sure where to post this but it's a rather complicated situation and we would really value some advice from more experienced board members.
My partner and are in the process of applying for a PR under the Family class sponsorship category for her (common law partner sponsor). She is German and I am a Canadian citizen. Her application has been in process since June and she is at AOR2 stage.
When I moved from the UK (where we were living) to Canada in July 2017 she applied for an eTA to travel with me as a tourist while her PR application was being processed. It never arrived. After months of chasing information and dealing with a total lack of communication from CIC, I filed an ATIP. We have discovered that in 2014 she was issued a deportation order. Here is why:
*******************************
As a child she gained PR status when she lived in Canada briefly with her parents. She returned 20 years later, in 2013 to live with me, and discovered that the status was still on the records but clearly she had not met the requirements. She was issued a departure order which our lawyer advised us to appeal (she was wanting to live in Canada with me and we were told this would be easier than renouncing her permanent residency then applying anew). For about 1.5 years her appeal stayed in the system and she lived with me in Canada. Unfortunately she not able to find full-time work and eventually we decided that we would look at opportunities outside of the country so that she could work full time. She was offered a position in the UK and accepted. So, in late 2014 she wrote a letter to CIC withdrawing her appeal to the departure order, explaining that she had been offered a job outside of the country and would be leaving Canada, and stating the date of her intended departure. She left before the 30-day grace period of her re-activated departure order, but she didn't realise she still needed to submit a Certificate of Departure when she left. Thus, she was given a deportation order even though she no longer lived in Canada! I stayed at our address for several months after her departure and no notices arrived to alert me to any of this. She wasn't alerted to it either so, we had no idea this had happened. We have a meticulous paper-trail of flight tickets, job contracts, etc. that prove she had indeed left the country.
**********************************
So, this leads us to our current situation. She is stuck waiting in Germany for her eTA and/or PR in order to enter Canada. Things are getting very difficult as the months go by, and we are very anxious to get some resolution to this situation. We're worried that it could be many more months for her PR process to be finalised given this deportation order. However, I know that it is generally seen as unlikely that you'd get an ARC just for an eTA. So, my questions are the following:
1. Given that her deportation order came due to an honest mistake (failure to fill out a form when she left the country), and she never actually overstayed, is there a chance we could get an ARC for her eTA? WOuld the fact that we are separated and she is applying for a PR permit help the case?
2. Is there any risk that is she were refused in an ARC application for her eTA she would have an even harder time getting her PR application (and related ARC) approved?
3. If you were in our place, would you apply for the ARC as part of her eTA (ie. now), or wait for the PR process to come to an end to avoid any risks of complication?
THanks for reading this to the end! It's a complicated and incredibly frustrating situation.
Editing to add: Neither of us have any criminal records, health issues, or unemployment (for me) that would complicate this.
Last edited:
