Certificate of Departure - Exclusion Order

[haddyxx]

Hey everyone,

I was excluded from Canada for one year for working illegally last May, almost a year ago. Since being out of Canada I have continued to complete my degree at my college in BC from Cyprus where I am now. There are a few courses that I cannot do online so I am looking to go back to Canada in September to finish the degree.

However, my immigration consultant just told me that I was meant to have been given a certificate of departure when I was issued with the exclusion order to show that I did in fact leave immediately. It's obvious that I did; I never entered Canada, CBSA booked my flight, escorted me to the gate, and I still have all the boarding passes and baggage tags. I also have a visa in my passport from when I went to Indonesia on holiday June 6th (the exclusion was May 24th last year) so it's clear I did leave. But he's insistent that I get this document.

Because I'm not in Canada getting hold of CIC isn't possible, and I've contacted the visa office closest to me but they redirect me to CIC. My immigration officer wants $500 to get this paper which seems a little overpriced to me but I have nothing to compare it to.

What do you guys think? Should I go ahead and have him get me the document? Or is there another way to get a copy?

Any advice would be appreciated, thanks!

 

[canuck_in_uk]

Your immigration consultant is trying to rip you off.

As per CIC, you require the Certificate of Departure. http://www.cic.gc.ca/english/information/inadmissibility/arc.asp

2. Exclusion Order (form number IMM 1214B)

a) If you were issued an Exclusion Order and

12 months have passed since you left Canada and
you have a Certificate of Departure (IMM 0056B) showing the date you left Canada

you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

b) If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.


You can apply for a "Verification of Status" for your Certificate of Departure. It costs $30. http://www.cic.gc.ca/english/information/applications/guides/5545ETOC.asp

Even if you do need to apply for an ARC, it only costs $400, not $500. http://www.cic.gc.ca/english/information/inadmissibility/arc.asp

 

[rhcohen2014]

the exclusion order is the certificate of departure. your entry to your other country will be your proof. DO NOT pay this person money to do anything! Once the exclusion oder is up... it is up. There is nothing you need to do to go back, except the regular course of actions for visiting and studying. If you do go back to visit, then make sure to have a lot of proof of your ties to your home country such as a lease/mortgage or paystub/work contract.

I had an exclusion order from dec 2011-dec 2012. I returned to canada as a visitor once that was lifted, and did not need to pay for ANYTHING to restore my status.

If you are attempting to apply for a visa BEFORE the exclusion order is lifted, you will need to pay for an authorization to return to canada, this is called an ARC.

 

[haddyxx]

Thanks so much for your reply.

That's what I thought. Could you help with what box I have to tick though please? After the request for 'verification of status' box I'm not sure what it is...it's not a visitor, study, or work permit replacement obviously. I don't need the actual exclusion papers, not protected person, or departure order. The only 3 left are:
-Immigrant visa and record of landing - confirmation of permanent residence
-Authorization to return to canada
-Permit to come into or remain in canada - temporary resident permit.

Which one would it be?

When I apply the 12 months will have passed. So I would just need this copy of the departure certificate and the usual study permit application yes?
Thanks again.

 

[rhcohen2014]

Thanks so much for your reply.

That's what I thought. Could you help with what box I have to tick though please? After the request for 'verification of status' box I'm not sure what it is...it's not a visitor, study, or work permit replacement obviously. I don't need the actual exclusion papers, not protected person, or departure order. The only 3 left are:
-Immigrant visa and record of landing - confirmation of permanent residence
-Authorization to return to canada
-Permit to come into or remain in canada - temporary resident permit.

Which one would it be?

When I apply the 12 months will have passed. So I would just need this copy of the departure certificate and the usual study permit application yes?
Thanks again.

I DON'T THINK YOU NEED TO PAY FOR ANYTHING! YOUR EXCLUSION ORDER IS UP, IT IS UP. YOU CAN RETURN ANYTIME WITH THE PROPER PAPERWORK (IE VISITOR VISA/STUDY PERMIT). They do not give you a departure certificate when you are given an exclusion order, and in my experience NOTHING is needed to re-enter, except a valide visitor visa or study permit. 100% you will be pulled into secondary and they will ask you about your intentions to enter. Be prepared with your study permit and proof of ties to your home country.

 

[haddyxx]

the exclusion order is the certificate of departure. your entry to your other country will be your proof. DO NOT pay this person money to do anything! Once the exclusion oder is up... it is up. There is nothing you need to do to go back, except the regular course of actions for visiting and studying. If you do go back to visit, then make sure to have a lot of proof of your ties to your home country such as a lease/mortgage or paystub/work contract.

Thanks! I thought it seemed a little crazy when he mentioned it to me a few months ago. And yeah, I would never try and do just a visitor visa as based on the exclusion I'd have no chance. A study permit makes sense for me though I think as since I was excluded I've kept doing my degree online. But there are a few courses that I have to physically go to the uni in Canada for and then the honours program is the same thing. I have the acceptance letter, financial support/proof from my parents, and a job offer letter from the place im working at now that says once I finish the degree they'll have my position waiting for me. Stressfulllllllll!

 

[haddyxx]

the exclusion order is the certificate of departure. your entry to your other country will be your proof. DO NOT pay this person money to do anything! Once the exclusion oder is up... it is up. There is nothing you need to do to go back, except the regular course of actions for visiting and studying. If you do go back to visit, then make sure to have a lot of proof of your ties to your home country such as a lease/mortgage or paystub/work contract.

I had an exclusion order from dec 2011-dec 2012. I returned to canada as a visitor once that was lifted, and did not need to pay for ANYTHING to restore my status.

If you are attempting to apply for a visa BEFORE the exclusion order is lifted, you will need to pay for an authorization to return to canada, this is called an ARC.

No when I apply it will have been 14 months since the exclusion. What was the reason for your exclusion? It always calms me to hear that other people have been able to go back after an exclusion.

 

[rhcohen2014]

No when I apply it will have been 14 months since the exclusion. What was the reason for your exclusion? It always calms me to hear that other people have been able to go back after an exclusion.

i was visiting my then boyfriend (now husband) too much in a short amount of time, and asked to stay for too long. I didn't have a job or lease in my home country. i had just finished grad school and lived with my sister, so they red flagged me during one of my trips (i drive there), and the next time i went up there they gave me an exclusion order. We have since gotten married, and he was just approved to sponsor me for PR.

 

[haddyxx]

That's so good that you'll be getting PR. I just looked on cic's website again and it does say:

2. Exclusion Order (form number IMM 1214B)

a) If you were issued an Exclusion Order and

12 months have passed since you left Canada and
you have a Certificate of Departure (IMM 0056B) showing the date you left Canada
you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

b) If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.

So although the 12 months will have passed and I have the exclusion papers, I don't have the IMM 0056B certificate of departure which it says I need otherwise I have to do the ARC. I'm assuming thats what my immig consultant was talking about.

 

[rhcohen2014]

So although the 12 months will have passed and I have the exclusion papers, I don't have the IMM 0056B certificate of departure which it says I need otherwise I have to do the ARC. I'm assuming thats what my immig consultant was talking about.

never received a certificate of departure, and had no problems getting back in. they did give me a visitor's record and made me "check out" the day i left to ensure i did indeed leave. you def. do NOT need an ARC. If the certificate of departure is truely only $30, it may be prudent to get it.

Edit: also, I am from the US, a visa exempt country, so the rules can be significantly different.

 

[haddyxx]

I'm from the UK which is also visa exempt. I think I may just leave it. It doesn't make sense that it would be needed as when you are excluded you leave Canada straight away, it's not like a departure order. I just hate that I get such conflicting information!
It's also a 6 month processing time to get the verification of status document. Wouldn't get it if I did try to..

 

[rhcohen2014]

I'm from the UK which is also visa exempt. I think I may just leave it. It doesn't make sense that it would be needed as when you are excluded you leave Canada straight away, it's not like a departure order. I just hate that I get such conflicting information!
It's also a 6 month processing time to get the verification of status document. Wouldn't get it if I did try to..

i mean, i can't tell you for sure, because i'm not a CBSA agent, and it truely depends on the agent you get and the mood they are in. Just make sure you are absolutely prepared to show you can study there, or if you are just visiting, bring your lease and paystubs. you are definitely getting pulled into secondary... and probably for a while until they see you are complying with their rules. it took me a year to not have to go into secondary. every time i went, they would require less. at this point, i can just stay in my car and get my passport stamped. now that my husband has been approved to sponsor me, i hope it stays like that!

 

[haddyxx]

Haha yea they are tough. I did 7hrs of interrogation before flying back. Went across the Atlantic twice in a day...fun stuff. And I'm terrified of secondary now but just like last time I didn't lie about anything at all and my situation has changed a lot since the exclusion.
I've already got my acceptance letter from the uni, and i'll have my mums bank statements and a letter from them saying that they'll continue to pay for everything, plus i'll have a letter from the company i work for now saying they'll have a job ready for me when i finish and my dog is staying here while/if i go. the honours part of my degree can't be done from outside of Canada so hopefully I'll have a strong enough application. and with the rules changing june 1st so instead of waiting 6 months to get an off-campus work permit you get one automatically means that even if i wanted to work i couldnt do it illegally which should show them that the reason i was excluded won't happen again.
I do hate how it comes down to the agent you get on the day. I feel bad sending the application for verification of status off esp when it takes so long to process without telling my immig consultant but I just think $500 for that alone is ridiculous. We'll see what happens..

 

[rhcohen2014]

.
I do hate how it comes down to the agent you get on the day. I feel bad sending the application for verification of status off esp when it takes so long to process without telling my immig consultant but I just think $500 for that alone is ridiculous. We'll see what happens..

he doesn't feel bad charging you $500 to do something you can easily do yourself, so don't feel bad for wanting to keep your money in YOUR pocket!

 

[haddyxx]

I know that's true...
I think tomorrow I'll send the application for a copy of a departure certificate. Even if I don't get it by the time I apply for the study permit at least I'll have tried.
Otherwise I think I'll go ahead and apply for the study permit next month once I have all the documents together. It says that if you are applying for a visitor/study/work permit and do need an ARC you don't do it anyway and that they do it in the context of the whole application. Does that make sense you think? Thanks!