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departure order

Mann015

Member
Dec 27, 2019
10
0
I went to canada on 11th aug 2017 on a visitor visa and then i got farming work permit from British columbia for 2 year.

My employer did not give me work, so i went to brampton and I did my truck AZ license from ontario.

In October 2019 i took truck lima from edmenton. Then I went to coutts border on 8 oct 2019 to change my work permit from farming to trucking. But i got refused as officer said, that they dont believe if i will not work on this work permit as i didn’t worked on my previous work permit.

I told them my employer did not give me job what he commited to me, so i went to brampton and started living with my relative. He covered all my expenses n took care of me.

Officer checked my phone and found my whatsapp basement group. They thought i live in a rented basement . They seized my passport and asked me to leave canada before 25 oct 2019. I hired a lawyer but he didn’t do anything except for getting my discloser from border to know about what happened there with me. Then he suggested me to leave canada or go to the border again for the interview hoping they will give me work permit or else going to send me back to India . So i myself came back to india on 27 oct 2019. Although they asked me to leave by 25th oct but my passport was not received by the department where it was suppose to reach. So they gave me 2 days extension, so I came back on 27th of oct 2019.
i still have valid visitors visa. what should i do
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
If you were issued a removal order, your visitor visa will very likely have been cancelled as well. Did the officer give you a letter/document when he asked you to leave by the 25th? What exactly did that document say - paste the text here.
 

Mann015

Member
Dec 27, 2019
10
0
If you were issued a removal order, your visitor visa will very likely have been cancelled as well. Did the officer give you a letter/document when he asked you to leave by the 25th? What exactly did that document say - paste the text here.
the gave me document ( entry for further examination or admissibility hearing the officer told me that the you have ti depart canada before the given time i think they game me a deprture order. officer told me that there is no restrictions on you to apply for any program in future if u want to come to canada.
 

Mann015

Member
Dec 27, 2019
10
0
If you were issued a removal order, your visitor visa will very likely have been cancelled as well. Did the officer give you a letter/document when he asked you to leave by the 25th? What exactly did that document say - paste the text here.
the gave me document ( entry for further examination or admissibility hearing the officer told me that the you have ti depart canada before the given time i think they game me a deprture order. officer told me that there is no restrictions on you to apply for any program in future if u want to come to canada.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
Unless you apply for PR you chances of getting a visa or permit are low because you were living illegally in Canada for so long.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I went to canada on 11th aug 2017 on a visitor visa and then i got farming work permit from British columbia for 2 year.

My employer did not give me work, so i went to brampton and I did my truck AZ license from ontario.

In October 2019 i took truck lima from edmenton. Then I went to coutts border on 8 oct 2019 to change my work permit from farming to trucking. But i got refused as officer said, that they dont believe if i will not work on this work permit as i didn’t worked on my previous work permit.

I told them my employer did not give me job what he commited to me, so i went to brampton and started living with my relative. He covered all my expenses n took care of me.

Officer checked my phone and found my whatsapp basement group. They thought i live in a rented basement . They seized my passport and asked me to leave canada before 25 oct 2019. I hired a lawyer but he didn’t do anything except for getting my discloser from border to know about what happened there with me. Then he suggested me to leave canada or go to the border again for the interview hoping they will give me work permit or else going to send me back to India . So i myself came back to india on 27 oct 2019. Although they asked me to leave by 25th oct but my passport was not received by the department where it was suppose to reach. So they gave me 2 days extension, so I came back on 27th of oct 2019.
i still have valid visitors visa. what should i do
Pretty much no chance that CBSA did not think that you worked illegally during all of that time. You should remain out of Canada for at least a year and establish strong ties to your country.
 
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21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
the gave me document ( entry for further examination or admissibility hearing the officer told me that the you have ti depart canada before the given time i think they game me a deprture order. officer told me that there is no restrictions on you to apply for any program in future if u want to come to canada.
Yeah, your visitor visa is definitely cancelled, and any further applications for a temporary visa are likely to be denied unless you can show very strong ties to your country.

You should forget about Canada for a year or so.
 

Mann015

Member
Dec 27, 2019
10
0
Yeah, your visitor visa is definitely cancelled, and any further applications for a temporary visa are likely to be denied unless you can show very strong ties to your country.

You should forget about Canada for a year or so.
Thankyou all for your help brother.
 

medadabhoy

Full Member
May 2, 2016
28
3
the gave me document ( entry for further examination or admissibility hearing the officer told me that the you have ti depart canada before the given time i think they game me a deprture order. officer told me that there is no restrictions on you to apply for any program in future if u want to come to canada.
You should have asked for a stay by means of a judicial review. Atm, you should apply for a work permit using the LMIA.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
You should have asked for a stay by means of a judicial review. Atm, you should apply for a work permit using the LMIA.
There is almost no chance that he would get a work permit even with an LMIA. He didn’t follow the rules of the previous work permit and needed a departure order to leave.
 

medadabhoy

Full Member
May 2, 2016
28
3
There is almost no chance that he would get a work permit even with an LMIA. He didn’t follow the rules of the previous work permit and needed a departure order to leave.
It is a gray area. He didn't work for that employer because of the employer and the officers weren't a 100% sure he worked without authorization.

He should apply now from India using the same LMIA. He might need an ARC.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
It is a gray area. He didn't work for that employer because of the employer and the officers weren't a 100% sure he worked without authorization.

He should apply now from India using the same LMIA. He might need an ARC.
There is no grey area. OP arrived as a farm worker, then moved to Bramptom and took a trucking course and tried to get a new work permit. OP also stayed in Canada past the expiry date of their 2 year farming work permit. Assume there is also concern as to how he supported himself during the over 2 years he was in Bramptom. He can certainly try but the chances are not good.
 

medadabhoy

Full Member
May 2, 2016
28
3
There is no grey area. OP arrived as a farm worker, then moved to Bramptom and took a trucking course and tried to get a new work permit. OP also stayed in Canada past the expiry date of their 2 year farming work permit. Assume there is also concern as to how he supported himself during the over 2 years he was in Bramptom. He can certainly try but the chances are not good.
1) I personally know someone who was issued an exclusion order (BSO saw his phone to determine that he was driving a taxi without authorization) at a POE in 2015. He hired a lawyer and eventually got a new work permit and got the exclusion order cancelled. Came to Canada in 2007 and received PR in 2019.

2) This person Mann015 has not stated whether his original WP of 2 years was still valid at the time he went to the border or not. Assuming that that had expired, he then had 90 days to pursue a restoration of status application.

3) A departure order is much more lenient than a deportation order and an exclusion order. The BSO did not have evidence but rather a gut instinct. This person did not work but at the same time did not disobey other conditions (like work for someone else or study without authorization).
 
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