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Certificate departure

birney00

Star Member
Jan 31, 2011
70
0
good day
need Seniors respond please

have a doubtful information on my Certificate of departure that says A36.. what I dont have any criminal record in Canada on my very strong belief ...
just figured out these days,can Somebody told me what is A36,will be difficult for me to go back to Canada?... And do i need to way one year after my departure to go gack to Canada. My husband is sponsoring me!!

Thank you
 

yaz

Star Member
Aug 10, 2011
116
0
Category........
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Mexico
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Pre-Assessed..
App. Filed.......
27-04-2011
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18-07-2011
AOR Received.
18-07-2011
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28-07-2011
Med's Done....
12-09-2011
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11-01-2012
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25-01-2012
LANDED..........
18-02-2012
hi i am in the same situation anybody can help us , because i got my departure certificate and they wrote on it A36 and A49 whats the meaning anybody knows ,??? soo i have to wait one year to be with my husband???, they are asking me ARC already, my letter is almost donne but i need advices please!!!
 

lovely20

Hero Member
Mar 31, 2011
448
8
Category........
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Vegreville
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App. Filed.......
August 12, 2010
birney00 said:
good day
need Seniors respond please

have a doubtful information on my Certificate of departure that says A36.. what I dont have any criminal record in Canada on my very strong belief ...
just figured out these days,can Somebody told me what is A36,will be difficult for me to go back to Canada?... And do i need to way one year after my departure to go gack to Canada. My husband is sponsoring me!!

Thank you

Hi! For A36:


A36 : 36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

Criminality

(2) A foreign national is inadmissible on grounds of criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or

(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations
 

yaz

Star Member
Aug 10, 2011
116
0
Category........
Visa Office......
Mexico
Job Offer........
Pre-Assessed..
App. Filed.......
27-04-2011
Doc's Request.
18-07-2011
AOR Received.
18-07-2011
File Transfer...
08-06-2011
Med's Request
28-07-2011
Med's Done....
12-09-2011
Passport Req..
11-01-2012
VISA ISSUED...
25-01-2012
LANDED..........
18-02-2012
i read the same too, but criminality????? i dont understand .. when you complied with all my responsabilities,the date when they notified me to leave i did it, that is not criminality omg i am so confused and about A49?????
 

lovely20

Hero Member
Mar 31, 2011
448
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Vegreville
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App. Filed.......
August 12, 2010
yaz said:
i read the same too, but criminality????? i dont understand .. when you complied with all my responsabilities,the date when they notified me to leave i did it, that is not criminality omg i am so confused and about A49?????

Were you convicted of anything outside Canada that can be considered as an indictable offence in Canada?
 

yaz

Star Member
Aug 10, 2011
116
0
Category........
Visa Office......
Mexico
Job Offer........
Pre-Assessed..
App. Filed.......
27-04-2011
Doc's Request.
18-07-2011
AOR Received.
18-07-2011
File Transfer...
08-06-2011
Med's Request
28-07-2011
Med's Done....
12-09-2011
Passport Req..
11-01-2012
VISA ISSUED...
25-01-2012
LANDED..........
18-02-2012
Noo, i dont, when i was in Canada, my refugee claim was refused and they notified me to leave Canada , i was never involved in any criminal situation, it is so weird, I left from Canada on time and now my husband is sponsoring me , actally i have a canadian police certificate i dont have any criminal record same here in Mexico everything is fine from this side so I dont understand...
 

CharlieD10

VIP Member
Sep 5, 2010
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Northern Ontario
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17-01-2011, 08-03-2012
Interview........
Waived
Passport Req..
30-3-2012
VISA ISSUED...
13-04-2012
LANDED..........
06-06-2012
Enforcement of Removal Orders

In force

49. (1) A removal order comes into force on the latest of the following dates:

(a) the day the removal order is made, if there is no right to appeal;

(b) the day the appeal period expires, if there is a right to appeal and no appeal is made; and

(c) the day of the final determination of the appeal, if an appeal is made.

In force — claimants

(2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force on the latest of the following dates:

(a) the day the claim is determined to be ineligible only under paragraph 101(1)(e);

(b) in a case other than that set out in paragraph (a), seven days after the claim is determined to be ineligible;

(c) 15 days after notification that the claim is rejected by the Refugee Protection Division, if no appeal is made, or by the Refugee Appeal Division, if an appeal is made;

(d) 15 days after notification that the claim is declared withdrawn or abandoned; and

(e) 15 days after proceedings are terminated as a result of notice under paragraph 104(1)(c) or (d).

As a refugee claimant, your removal order became enforceable 15 days after your claim was rejected by the Appeal Division (if you appealed) or by the Protection Division (if you did not appeal).

So you had 15 days to leave the country, not 30. Further, you were supposed to report to Immigration at the airport and advise them that you were subject to a departure order. If you left more than 15 days after you were notified, or you did not report to Immigration the day you were leaving, you need ARC.
 

exquisite

Star Member
May 15, 2009
76
10
Noo, i dont, when i was in Canada, my refugee claim was refused and they notified me to leave Canada , i was never involved in any criminal situation, it is so weird, I left from Canada on time and now my husband is sponsoring me , actally i have a canadian police certificate i dont have any criminal record same here in Mexico everything is fine from this side so I dont understand...
Hello,

I'm messaging you as a shot in the dark as I know your last presence in the forum was in 2012. My Parents were failed refugee claimants as well and similar to you, their departure order has an A36 code when there is no chance they have any criminal history. Similarly, they left as instructed back in 2012.

I am now in the process of sponsoring them and the application is now in the medical request stage. I know I have to apply for the ARC once requested but did that A36 code pose as a problem or was it ever brought up? Can you please let me know if there are extra steps I should be doing now as I am very anxious knowing the code relates to criminal inadmissibility.

thank you!