common-law definition

[computergeek]

Nobody has told me about getting my passport stamped - and the letter was giving me a choice so I would not consider it a departure order..

If you are given a departure order it is required that you get a Certificate of Departure (IMM 0056B):

When departure is verified, it is very important for officers to accurately indicate on the IMM 0056B and in FOSS/NCMS whether the removal order is a departure or deportation order.

Source: ENF 11

This is how CIC knows that you obeyed the departure order. Not having seen the documents marie_ann received I cannot tell if it was a departure order or merely a refusal. I've never seen a departure order. I was able to find an image of an IMM 0056B (Certificate of Departure) online: http://pesn.com/2011/01/15/9501744_Keshe_kidnapped_in_Canada_over_false_nuclear_weapons_concerns/certificate-departure.jpg

I don't imagine anyone could mistake a departure order, because it would say you must leave Canada in 30 days. The most common mistake people seem to make is they don't get a Certificate of Departure, in which case their departure order converts to a deportation order - which prohibits return to Canada without an ARC.

 

[marie_ann]

my letter says: this letter refers to your application for work permit. your application as requested is refused.

then it says that I can apply for a restoration within 90 days and it gives me instructions how to do that and then it says that if I dont intend to apply for restoration, I must leave Canada immediately (but like I say, we got instructions saying that one month is OK).

there is not word about 30 days, it only says that if I dont leave Canada voluntarily, enforcement action may be taken against me.

so to me it looks like a resufal only.

 

[computergeek]

my letter says: this letter refers to your application for work permit. your application as requested is refused.

then it says that I can apply for a restoration within 90 days and it gives me instructions how to do that and then it says that if I dont intend to apply for restoration, I must leave Canada immediately (but like I say, we got instructions saying that one month is OK).

there is not word about 30 days, it only says that if I dont leave Canada voluntarily, enforcement action may be taken against me.

so to me it looks like a refusal only.

I concur, this sounds like a refusal of your work permit, not a departure order.

 

[Ryathe]

Marie_ann & Computergeek - thank you for your answers! It's so difficult to find any info about this possibility, especially about the procedures. There is no info clearly showing when somebody gets simply a refusal or a departure order.

The reason I'm worried about it is because I will want to come back to Canada and to my partner after a month, as my life is here and I don't want to jeopardize it in any way. I've read storied about mood swings of immigration officers at the airports and don't want to give them any reason to even consider not letting me back in. :-\

Marie_ann - good luck with your application!

 

[marie_ann]

Hi Ryathe,

good luck to you as well! When does your current permit expire? I am asking because looking into the processing times of the work permit applications, maybe your work permit comes before your PR gets approved and you dont have to leave Canada at all as for reading stories, you guys scared me as well But this is how we all learn!

 

[Ryathe]

Hi Ryathe,

good luck to you as well! When does your current permit expire? I am asking because looking into the processing times of the work permit applications, maybe your work permit comes before your PR gets approved and you dont have to leave Canada at all as for reading stories, you guys scared me as well But this is how we all learn!

I has already expired and I applied for the expansion at the end of August.
Since then silence. As for the trip to Poland, I have to go anyway and take care of few things that can't wait, no choice. I guess all I can do it hope for a kind immigration officer on my way back and my SPR process going smoothly in the meantime. X)

And yeah, stories on this forum often save lives, I'm sure of that.

 

[computergeek]

I has already expired and I applied for the expansion at the end of August.
Since then silence. As for the trip to Poland, I have to go anyway and take care of few things that can't wait, no choice. I guess all I can do it hope for a kind immigration officer on my way back and my SPR process going smoothly in the meantime. X)

If you applied in writing (which is what I did - submitted August 10) they are working on applications from July 1. If you applied online, they are working on applications from August 14. So you have at least a couple weeks longer to wait.

I got lucky - they never got to my application, so I've withdrawn it. CIC will refund the application fee.

 

[Ryathe]

If you applied in writing (which is what I did - submitted August 10) they are working on applications from July 1. If you applied online, they are working on applications from August 14. So you have at least a couple weeks longer to wait.

I got lucky - they never got to my application, so I've withdrawn it. CIC will refund the application fee.

Sweet. So if they haven't opened your app yet, you can withdraw it and they'll give you $150 (or whatever it was that we had to pay) back?
What do you send when you want to withdraw an application? Is there a form for that? ~~~one more option to consider. :

 

[computergeek]

Sweet. So if they haven't opened your app yet, you can withdraw it and they'll give you $150 (or whatever it was that we had to pay) back?
What do you send when you want to withdraw an application? Is there a form for that? ~~~one more option to consider. :

Yes. If you no longer wish them to process your application, send a letter to them asking them to withdraw your application. Include your UCI. Write "Application Withdrawal Request" on the envelope. They will refund your application fee. Address it to the same place you sent the application in Vegreville.

In my case, I'm not eligible any more anyway so if they do get to my application, they won't process it.

 

[canadianwoman]

@ computergeek:

You say that one with a departure order should get the passport stamped at the airport to update the system.
But I imagine that anyway, every time they look up for a person's name in their system, they should see all the arrival and departure dates??

The Canadian government does not stamp your passport on exit, usually. So they would not know you had left, unless you actually go to the border agents to get your departure order verified and your passport stamped on exit.