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DEPORTED BUT WANT TO COME BACK THROUGH THE LCP !! HELP!!!

heyhaylie01

Member
Aug 19, 2012
17
0
Hi there, if anyone can help me urgently !! i filed a refugee claim in 2010 when i was 16 years old, then got my refugee claim rejected afterwards. The judicial review was denied.. PRRA was denied.. so i got the deportation order enforced. I left when they told me and now im back in my home country. Now im planning to go back ( with little hope ) but through the live in caregiver program. I'm planning to get training in here before applying. I wanted to know if anyone has gone through a similar situation because i need to know the success rate of my application given that i was a failed refugee claimant. Also, I was qualified for the AVRR program ( some new program to assist failed refugee claimant to reintegrate in their home country by providing money to them). I know something about the ARC application. I need one before coming back, but i need to know the success rate. I have no criminal convictions, nor i have serious illness and when i filed my refugee claim i was 16 years old, still a minor. please anyone out there that can answer my questions?!?!!?!?!?!?1 im desperatee! :'( :'( :'( :'( :'(
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


heyhaylie01 said:
Hi there, if anyone can help me urgently !! i filed a refugee claim in 2010 when i was 16 years old, then got my refugee claim rejected afterwards. The judicial review was denied.. PRRA was denied.. so i got the deportation order enforced. I left when they told me and now im back in my home country. Now im planning to go back ( with little hope ) but through the live in caregiver program. I'm planning to get training in here before applying. I wanted to know if anyone has gone through a similar situation because i need to know the success rate of my application given that i was a failed refugee claimant. Also, I was qualified for the AVRR program ( some new program to assist failed refugee claimant to reintegrate in their home country by providing money to them). I know something about the ARC application. I need one before coming back, but i need to know the success rate. I have no criminal convictions, nor i have serious illness and when i filed my refugee claim i was 16 years old, still a minor. please anyone out there that can answer my questions?!?!!?!?!?!?1 im desperatee! :'( :'( :'( :'( :'(
1. Close to nil chances for a work permit. The refugee claim demonstrated that there is a good chance that you won't leave Canada at the end of the work permit.
 

heyhaylie01

Member
Aug 19, 2012
17
0
But after completing two years of live in caregiver work you are entitle to apply for permanent residence. Why would they kick you out?
 

scylla

VIP Member
Jun 8, 2010
95,799
22,079
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
heyhaylie01 said:
But after completing two years of live in caregiver work you are entitle to apply for permanent residence. Why would they kick you out?
What PMM is saying is that you won't be approved for the live in caregiver work permit that will allow you to return to Canada. To be approved, you must prove strong ties to your home country and that you have no intentions of overstaying. Given your history, this will be extremely difficult for you to prove.
 

scylla

VIP Member
Jun 8, 2010
95,799
22,079
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

heyhaylie01

Member
Aug 19, 2012
17
0
I chose the live in caregiver program because you can apply for permanent residence after working for 2 years. Does that mean in my case they will try to kick me out as soon as i complete my two years of working as a caregiver?
 

scylla

VIP Member
Jun 8, 2010
95,799
22,079
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No - what PMM is suggesting is that you won't be approved to return to Canada to work as a live in caregiver.
 

scylla

VIP Member
Jun 8, 2010
95,799
22,079
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No - I'm not a lawyer.
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
Were you subject to a deportation order or a departure order? If it was a deportation order (or a departure order that changed to a deportation order) you are banned from re-entering Canada for life. To return you would need to obtain an ARC ("Authorization to Return to Canada").

Regardless you will likely have a very difficult time returning to Canada just based upon your prior history. If you voluntarily complied with a departure order, this actually does speak in your favour because it shows that you have obeyed the rules in the past. But this is ALL very subjective. If you want to do this, I would suggest you speak with an attorney experienced in failed refugee applications (a tiny subset of all lawyers). That doesn't guarantee you will succeed, but it improves your chances of putting together a persuasive (and thus successful0 application.

Good luck!
 

heyhaylie01

Member
Aug 19, 2012
17
0
Hi computergeek,

I was subject to a departure order that turned into a deportation order. I had faith that my refugee claim was going to be approved, hence the overstay. A question, if my ARC application gets approved, will I still be " inadmissible or banned" in my records? For instance, if everything goes well, and after working the two years as a live in caregiver and I want to apply for permanent residence, will i be able to do so, since I was inadmissible before and the permanent residence requires you or any of your family members to be " not inadmissible" otherwise I will not be able to apply as a permanent residence and all my hard work as a live in caregiver will be useless. The officer from Canada Border Services told me that I may have a chance to come back since I made my refugee claim when i was sixteen. I don't know if that's helpful at all. Also, if I apply for the live in caregiver program they say my ARC application will be dealt within the context. Does that mean I won't be able to submit a persuasive application?
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
heyhaylie01 said:
I was subject to a departure order that turned into a deportation order. I had faith that my refugee claim was going to be approved, hence the overstay. A question, if my ARC application gets approved, will I still be " inadmissible or banned" in my records? For instance, if everything goes well, and after working the two years as a live in caregiver and I want to apply for permanent residence, will i be able to do so, since I was inadmissible before and the permanent residence requires you or any of your family members to be " not inadmissible" otherwise I will not be able to apply as a permanent residence and all my hard work as a live in caregiver will be useless. The officer from Canada Border Services told me that I may have a chance to come back since I made my refugee claim when i was sixteen. I don't know if that's helpful at all. Also, if I apply for the live in caregiver program they say my ARC application will be dealt within the context. Does that mean I won't be able to submit a persuasive application?
I have never had an experience with an ARC and I routinely counsel people to leave Canada when they receive a departure order precisely to avoid the need for an ARC. If your ARC is approved, your lifetime ban is lifted and you may apply to return to Canada. If you are accepted into the LCP then you would be able to return to Canada. If you complete the time required under the LCP then you would be eligible to apply for PR.

All of the factors you have explained: the fact that you were served a departure order while awaiting a ruling on your refugee claim, the fact that you were young at the time, etc. will certainly be considered by the visa officer considering your ARC application. That does not mean it will be granted, but you will at least have an opportunity to make your case - I would suggest that you work very hard to make your arguments as persuasive as possible.

That doesn't mean any of this is automatic - you have a very difficult road ahead of you to obtain permanent residency.

Good luck!
 
Oct 3, 2012
6
0
hey guys, im new in canada, my wife and i would like to claim a refugge in canada, someone told me i can do it from within canada at Citizenship and Immigration Canada office, but we dont know what the process is, besides we fear to get deported when we ask for it because if we go back to our home country she is in danger to die and so am i.
is it possible to get deported the same day i ask for refugge, whats the process?
God bless u all and thanks in advance.