+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Don't meet residency, probable departure order, can wife re-enter right away?

Daffydavid

Newbie
May 31, 2015
8
0
To make this as short as possible, here is the situation. My wife who is an American citizen came to Canada as a visitor to visit me with the intention of being sponsored by me. At the border she told them that she used to be a PR(we had assumed incorrectly that loss of this was automatic due to not meeting residency requirements). The border agent has scheduled a meeting (section 44 apparently), where the outcome will most likely be a loss of PR and a departure order. If she leaves as the departure order states can she come right back as a visitor? I have been told by an agent at a different port of entry that this should be okay(rounding the flagpole he called it). Does anyone have any experience with a departure order and then returning to Canada?
 

scylla

VIP Member
Jun 8, 2010
95,904
22,151
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
Your situation is pretty unique and I doubt you'll find anyone here who can comment based on experience.

I would personally be very hesitant to flagpole to address the departure order. While one officer may have told you this was OK - another officer may not view this as kindly.

If I was facing this situation, I would lean towards departing Canada for a longer period of time (maybe a couple of weeks?) to show full compliance to the departure order before returning.

But that's just my two cents...
 

neutral

Hero Member
Mar 19, 2015
509
26
Montreal
Job Offer........
Pre-Assessed..
Yeah, no one could say yes or no as it will rely on the officer at the border.

Anyway, as she's supposing to go to Canada as a visitor, she's supposed to convince the officer that she has many ties with US so she's going back after a short visit.