HELP!!!! Deported out of Canada WITH submitted applications - IT'S NOT FAIR!!

[born2fly.dk]

Hi,

I am from Denmark. I have been ordered deported because I am criminally inadmissible because of one offense where I served 50 days in prison back in end of 2008. I am married to a girl in Quebec and we have submitted application for sponsorship and permanent residency from within Canada - they recommend me to stay in the country until it gets processed, if I would leave and they wouldn't let me back in, my applications will automatically be refused. I have been waiting 9 months here without work I have been traveling back and fourth a few times. My latest stay here exceeded 6 months, but after 5,5 months I submitted an application for temporary resident visa under the criminally inadmissible category - I spoke with immigration on the phone and they ensured me that I would be allowed to stay in Canada until this application would get processed.

Now, I was in contact with the police (no charges or offences and no convictions in Canada) but they found out that I had been here more than 6 months. I told them that I had filled out and sent in everything I should in order to stay here. They call the immigration police - they arrest me, put me in a detention center for illegal immigrants - I kept telling them that I had sent in all my applications and if they would let me get to my computer (which they had in their custody) I would be able to prove all this. I asked them to find my TRP application which had been sent more than a month earlier to Vegreville, but they never came back with my TRP application They could however see that I had applied for permanent residency and sponsor ship, which theoretically should also allow me to stay until it would get processed.

Anyways - within 48 hours I am sitting in front of a judge in Montreal and they make me sign a deportation order in an admissibility hearing - if I didn't they would have locked me up again, since then I would have been a flight risk and I would have been back where I started. I signed the papers which allowed to me being released to some friends in Ontario without bail. I told them in court that I had sent in all applications, but they didn't care. Nobody understand how all this can happen and my treatment in the whole thing has been terrible. I have had no rights what so ever.

So now I am about to loose my wife (I have been living with her my whole time here), my new life and I have been waiting 9 months for nothing - even though I have done everything I could to comply with the system. I have a job offer as a commercial pilot this summer, if my applications would have turned out positive.

They want me to leave before the 31st of Jan 2011.

Can anybody help me?!

Sincerely

Danny Olsen

 

[kelsey199200]

correct me if im wrong but isent what you did illegal???? were you here on a visitors visa? just because you submitted a PR visa dosnt mean you can wait here, all the rest of us have to be away from our loved ones during this process. iit might not be fair but its the system. maybe the person you phoned misunderstood you. and why do ou have to loose your wife, if youre in a real relationship and she loves you wouldnt she move with you or continue to have a long distance relationship??
if its worth it try contacting a lawyer becuase i dont think this is an issue any one can advise you about or you can resolve yourself.
sorry for your situation and good luck

 

[RobsLuv]

I know it doesn't seem fair - but you were skating on thin ice to begin with. Don't know how the police got involved, or why your computer was confiscated, but you really couldn't afford that kind of drama, considering. The inland PR application is irrelevant to their determination in a deportation hearing because the PR application will absolutely be refused. You are criminally inadmissible to Canada. And because you applied inland, there is no right to appeal a refusal. You were already facing a demand to leave Canada as soon as the PR ap was refused - there was no point in submitting it. And if you didn't submit an application to extend your temporary status WITH the inland PR ap, then your temporary status would have expired at the 6 month mark after your last entry into Canada. Now, in that regard it's possible that they're wrong about you being out of status - if you applied inland for PR and you included the temporary status extension with your PR ap. But you'd have to be able to prove you did that. If you could, it might give an immigration attorney something to stand on to at least appeal your deportation. But if you didn't include an extension to your temporary status with the inland PR ap, you're out of luck. Again, though, it's important to remember that your PR ap would not have been approved - so it really didn't afford you much protection.

The TRP application is a different story - that is/was, really, the only means for you to have been allowed to stay in Canada. I would suggest that you retain a qualified immigration attorney who can find out what the status is on the TRP. I hope, for your sake, that you weren't doing something illegal when you "came in contact" with the police. If you were, that will pretty much screw your chance for a TRP, too.

If you and your wife love each other, you shouldn't have to lose her. You should discuss her moving to Denmark with you - at least for now. Once you're eligible to apply for rehabilitated status for the 2008 offence (at least 5 years - and maybe 10, depending on the offence - after all consequences and restitution was made), you can do that and start over again with a PR application. And if you end up having to leave Canada because of the deportation, you'll have to apply for an Authorization to Return to Canada (ARC), too. My best advice: get a good lawyer who can at least tell you what options you might have.

 

[Leon]

This is too complicated for free advice so I will just tell you to get a lawyer. Good luck.

 

[adamvaid]

go for any immigration lawyer...

 

[born2fly.dk]

I really appreciate your comments - I understand that I am not the only one who is put under pressure.. I feel sorry for you guys as well...

The thing is - that my PR is getting processed at this time - on the 14th of December they asked for additional information for the sponsorship application - so my PR has NOT been refused yet. I applied for at TRP to stay here until my PR gets processed and my TRP has not been refused either - I am was waiting for them to process them. Now they just grab me in the middle of everything and sends me home - no reason what so ever, I did everything they have asked of me. I mean I understand if they would have refused my applications - at least I had a chance and they would look at my situation, but I am just getting removed with pending applications.

I have done nothing illegal in this country.

I will take your advice and get an immigration lawyer.

Thanks every body

 

[born2fly.dk]

And by the way I was here on a visitor visa - I had to extend it so I submitted the TRP and sent it in after 5,5 months...

 

[kelsey199200]

did you get it extended or is that still in process? which visa are you on now??

 

[Leon]

You will have to work on your criminal inadmissibility. It depends on the severity of the crime, how long ago etc. Maybe you can get pardoned or something. That's why I say this is really something to ask a lawyer.

Your inland application depends on you being in Canada which is why most people apply outland instead. You can still apply outland but you have to work on the criminal inadmissibility first.

 

[EmilyMarie]

Sucks to be a criminal..eh?

 

[born2fly.dk]

did you get it extended or is that still in process? which visa are you on now??

That's the thing, Immigration told me to wait here until it would get processed (3,5 months at that time) - it is/were still in process. Now from out of nowhere, they ship me back home in the middle of everything and after I have been waiting 9 month and done everything they told me to do. When I was on the phone with them a month ago, I told them that I was here and that I had found out that I was criminally inadmissible - but that I found out after I arrived here, but they still told me just to wait until my TRP gets processed.