Deportation

[NBaker]

Xxpazaway - what a mess

Sounds like you have been handed a real opportunity because you have an admissibility hearing in the future so are likely in a large city with delays due to volume. Someone is likely taking the 'best interest of the children' into consideration in your case and has left the opportunity for you to apply under the in Canada spousal process. As mentioned in a separate post this is a complicated topic and a number of factors come into play.

If as you say you have been working without authorization the likelihood is you will be ordered excluded. Your common law could face charges criminally for having employed you.

If you do opt to submit an application for landing with a sponsor from within Canada it must be done before you are determined to be removal ready from Canada. It is also possible to submit an application through the VO for your country from within Canada while you are here and use the time waiting for the baby to be born etc. working toward the processing of that application and return for interview and visa issuance when the time comes.

Lots to think about. Hopefully the enforcement officer who handles your case will be able to give you some guidance, if he/she is knowledgeable on the subject.

 

[xxpazaway]

I have live in caregiver wp however i am helping him in his business whenever is children is not with us. They caught me there. Im scared! If only me, i will say i can go back home but i have children now, i just dont want then to grow without guidance of me or my husband.

 

[NBaker]

Yaz,
When you made your refugee claim you were issued a departure order that was considered conditional upon the outcome of the refugee hearing. The order will say this order will be deemed to be a deportation order if departure is not verified in accordance with the regulations. In your case the claim appears to have been rejected. Once you received the refugee decision the clock starts and the regulations require departure within 30 days of the order having come into force to remain a departure order.
Example: refugee claim decision received by mail today 2 Nov 2011 - order comes into force 15 days from today 17 Nov 2011 a provided no other stay provision exists one must depart by 17 Dec 2011 or the departure order becomes a deportation order on 18 Dec 2011 at which point ARC is required since a deportation order is a lifetime ban on return. Bear in mind this concerns cases after IRPA. Pre IRPA cases have some variations related to removal orders so MandyUK's case is likely under the previous immigration act.
The time between your order having been a departure order and it becoming a deportation order and seeing an enforcement officer and being directed to report for removal was property months or possibly years apart I'm guessing.

 

[yaz]

Thanks NBaker for your reply, I am really worried I dont know what is gonna happend this is so depressing, I can not support the idea to live without my husband i know this authorization is very hard to get it, I supposed everything was fine, in my hearing they did not tell me i have to leave Canada, they only sent me documents to appeal my case, I did not i have to leave Canada after the decision, I just appealed my case , only I wanted to be more time with my husband and now i see the results of my mistakes..

 

[xxpazaway]

Has anyone on here been removed or deported?

Thank for the idea. If there is anyone there knows what they usually do in admissibility hearing

 

[MandyUK]

Wow 10yrs is a long time. Anyways how long did you stay before you got your visitor Visa? Did you leave immoderately after you got the departure letter and what is the best way to get her back on track....Your input will help alot..

I left within the 30 days the departure order states, I have only recently returned but it was still on my file and the IO asked me what the order was for, I told her the truth on how we came to overstay, and she said she could give me the full 12 months visitor visa, thinking about it it might be so i didnt overstay again and had plently of time to complete my PR application.

Hi MandyUK, i have a question for you did you apply for ARC??? When i got departure order I left Canada within 30 days I dont understand why they are requesting ARC , an officer verifyed my departure at the airport , maybe i confused my Visa Office when i filled up the sponsorhip application when I wrote i got deportation and no departure, now i am worried what can i do???

Yeah this most likly did confuse them, do you still have the paperwork from the departure order, they are requesting an ARC as thats what you have to do when you get a deportation or exclusion order. With a departure order as long as you left within the 30 days, you do not have to get a ARC to return. If it was me I would send them a copy of the paperwork you had for the departure order, it should show on your file also as this will be on there until you get your PR. That way they may be able to match it up and verify that it was only a departure order.