Deportation likely--travel options?

[mastur]

Greetings,

To make a long story short, I've been found inadmissible due to security reasons (basically association with a group 20 years ago that was later blacklisted; the gov. doesn't care that it was legal back then and that I have absolutely no connection whatsoever with anything nefarious, but I digress).

I still have to attend the admissibility hearing but more than likely I'll be told to leave. I'm assuming the end game is a deportation order and not a departure order. My question is regarding options when it is a deportation order. I have not lived in my home country for over 12 years and there's nothing there for me really, and my family and I would much rather move to a third country where I have a job offer, connections, and where I have lived before.

My questions are, 1) how possible is that? 2) assuming it's not possible, would I be able to fly back to my last place of residence? (before coming to Canada I lived as a permanent resident in a country in Europe and have family ties there, and going there would be straightforward and it would be easy to go from there to country where I have a job offer--two hour flight actually)

Thank you!

 

[Lammawitch]

What does your lawyer advise?

If deportation order is likely, you *might* be best leaving voluntarily (again, ask your lawyer).

If you leave voluntarily, you can go anywhere you like.

If you leave voluntarily, make sure that the court & CIC/CBSA are notified (again, talk to your lawyer).

 

[mastur]

Thank you for your response. I'm still waiting for the admissibility hearing and from what I understand I am unable to leave till it is done (they also never mailed my passport back, so that's another issue). Thing is, once it goes to the admissibility hearing and the board agrees with their findings, it becomes a deportation order and not a departure order. If it was a departure order my family and I would just pack our things and leave, no worries. So my question is specifically with regards to being deported back to where I last lived as a permanent resident and have family ties, and not my country of origin where I haven't lived in for over 12 years. Thanks again.

 

[Lammawitch]

You need to talk to your lawyer about the options (ask about the possibility of voluntary departure).

Your case is WAY beyond the scope of this forum.

I sincerely wish you & your family the best of luck.

 

[Lammawitch]

Thank you for your response. I'm still waiting for the admissibility hearing and from what I understand I am unable to leave till it is done (they also never mailed my passport back, so that's another issue). Thing is, once it goes to the admissibility hearing and the board agrees with their findings, it becomes a deportation order and not a departure order. If it was a departure order my family and I would just pack our things and leave, no worries. So my question is specifically with regards to being deported back to where I last lived as a permanent resident and have family ties, and not my country of origin where I haven't lived in for over 12 years. Thanks again.

DON'T, if you can possibly avoid it, let this go as far as a deportation order.

You would be deported to the country whose passport you hold.

 

[mastur]

Thank you for your well wishes. It's not easy, but we do what we must.

What I don't understand is why they would not let me simply choose to withdraw my application and just leave voluntarily. Anyhow, the scheduling hearing was yesterday and we still have to dig more and see what other options there are. I suppose if I end up going to my home country I could just make it a visit and make my way to where my family and I would move. That shouldn't be a problem, should it?

Thanks again.

 

[mastur]

I should add that what makes this complicated is that of my three children, the oldest is not born here so she's on my application. I assume that being deported means her (a 9 year old) being deported as well.

 

[Lammawitch]

Thank you for your well wishes. It's not easy, but we do what we must.

What I don't understand is why they would not let me simply choose to withdraw my application and just leave voluntarily. Anyhow, the scheduling hearing was yesterday and we still have to dig more and see what other options there are. I suppose if I end up going to my home country I could just make it a visit and make my way to where my family and I would move. That shouldn't be a problem, should it?

Thanks again.

This is why I keep hammering on with my "ask your lawyer" comments.

I wish I COULD help, but I have a glimmering of an idea of *why* you may be facing an inadmissibility hearing, & while I'm curious on an academic level, if I'm right, this goes way beyond curiosity level.

If your 9 yr old's other parent doesn't have legal status in Canada/is subject to your inadmissibility hearing, yes: she risks being deported with you.

 

[mastur]

Thanks.

I have asked my lawyer and to be honest, he is not a specialist in these sorts of things, so while he's good he also said he has to dig further and do some more work looking into options for me. There's no wondering why I'm facing the hearing really, I was just uninformed when I applied for my PR thinking that loose association with people/groups 20 years ago would not affect things. I was wrong, and if I have to leave fine, I'll respect the law but I'd like to have options that are best for my family in the long run. I think it's better if I seek advise from some lawyers with more experience in intricate cases like this one. Thank you again.