I was issued a departure order can I visit Canada again

[fghouth]

in 2005, my refugee claim was rejected by the Canadia immigration, subsequently, I received a "Departure Order"... when I received the departure order I didn't have the funds to purchase the airline ticket... so Immigration Canada purchased the ticket and told me that when I return back to Canada in the future I will have to pay back the amount of the ticket... 10 days after receiving the 'Departure order I left Canada, and I have the "Departure Certificate" to prove that.

Now my question would be; if I want to apply a visit visa to Canada do I need to apply for an ARC? if yes how do I do so?

 

[Bryanna]

in 2005, my refugee claim was rejected by the Canadia immigration, subsequently, I received a "Departure Order"... when I received the departure order I didn't have the funds to purchase the airline ticket... so Immigration Canada purchased the ticket and told me that when I return back to Canada in the future I will have to pay back the amount of the ticket... 10 days after receiving the 'Departure order I left Canada, and I have the "Departure Certificate" to prove that.

Now my question would be; if I want to apply a visit visa to Canada do I need to apply for an ARC? if yes how do I do so?

As you left within 30 days of receiving the Departure Order + you had confirmed your departure at the port of exit/you have a Departure Certificate, you do not need an ARC to return.

However, with a failed refugee claim, it will be incredibly difficult for you to be granted a temporary visa (TRV/visitor visa, study permit or work permit) unless you are able to convincingly prove that the reasons you had sought protection/asylum in Canada no longer exist in your home country/country of residence + you have established exceptionally strong ties to return home + you have been granted visas to other visa-required countries (US/ UK/ Schengen, Australia, etc) after you left Canada

 

[fghouth]

As you left within 30 days of receiving the Departure Order + you had confirmed your departure at the port of exit/you have a Departure Certificate, you do not need an ARC to return.

However, with a failed refugee claim, it will be incredibly difficult for you to be granted a temporary visa (TRV/visitor visa, study permit or work permit) unless you are able to convincingly prove that the reasons you had sought protection/asylum in Canada no longer exist in your home country/country of residence + you have established exceptionally strong ties to return home + you have been granted visas to other visa-required countries (US/ UK/ Schengen, Australia, etc) after you left Canada

Thank you very much Bryanna, for your reply...
1- when I applied for the refugee status in Canada I was holding the Indian Nationality... in 2011, I gave-up the Indian Nationality after a long struggle with the Indian authorities because I didn't look or speak Indian... Now I hold the Yemeni nationality... Yet, Yemen is in a war for the past 4 years.
2- after obtaining the Yemeni nationality, I got two B1/B2 visas to the USA, 2 visas to Singapore, two to UAE, and one Schengen... In addition, both of children are US citizens.

What do you think proves to the Canadian authorities, that I will return?

 

[Bryanna]

Thank you very much Bryanna, for your reply...
1- when I applied for the refugee status in Canada I was holding the Indian Nationality... in 2011, I gave-up the Indian Nationality after a long struggle with the Indian authorities because I didn't look or speak Indian... Now I hold the Yemeni nationality... Yet, Yemen is in a war for the past 4 years.
2- after obtaining the Yemeni nationality, I got two B1/B2 visas to the USA, 2 visas to Singapore, two to UAE, and one Schengen... In addition, both of children are US citizens.

What do you think proves to the Canadian authorities, that I will return?

Generally speaking, I'm surprised when an Indian national claims asylum in any country. IMO, there are no grounds for any Indian to claim asylum. Unfortunately, they fail to realize that their claims will eventually be rejected followed by departure orders/deportation.

I guess you were issued US B1/B2 visas prior to the current war in Yemen. However, you won't be issued a US visa now due to visa restrictions.

Quite honestly, IMO, your chances of being approved for a TRV are super zero.... because of your previous failed asylum claim + you are now a citizen of Yemen which is a politically unstable country devastated by an ongoing war = Possibility of you seeking asylum again is high

I would not apply for a TRV. It's your call though

 

[fghouth]

Generally speaking, I'm surprised when an Indian national claims asylum in any country. IMO, there are no grounds for any Indian to claim asylum. Unfortunately, they fail to realize that their claims will eventually be rejected followed by departure orders/deportation.

I guess you were issued US B1/B2 visas prior to the current war in Yemen. However, you won't be issued a US visa now due to visa restrictions.

Quite honestly, IMO, your chances of being approved for a TRV are super zero.... because of your previous failed asylum claim + you are now a citizen of Yemen which is a politically unstable country devastated by an ongoing war = Possibility of you seeking asylum again is high

I would not apply for a TRV. It's your call though

You are Right about that... but that time, besides my ignorance of the immigration laws, I went to the wrong lawyer "Tony KarKar" in Montreal... Anyhow it happened...

As for the US visas, I got both US B1/B2 visas while the war was still on... the last visa I got for` the USA was in 2016 and the war in Yemen started in 2014... and I just got the Schengen 2 weeks ago... but I don't think they would measure this way since I was previously rejected for asylum.
I just thought that since it was over 10 years that I left Canada maybe it would be easier... but I think with the situation in Yemen that would make even harder...

Anyways, thank you for taking the time to read and answer my question.

 

[Bryanna]

You are Right about that... but that time, besides my ignorance of the immigration laws, I went to the wrong lawyer "Tony KarKar" in Montreal... Anyhow it happened...

As for the US visas, I got both US B1/B2 visas while the war was still on... the last visa I got for` the USA was in 2016 and the war in Yemen started in 2014... and I just got the Schengen 2 weeks ago... but I don't think they would measure this way since I was previously rejected for asylum.
I just thought that since it was over 10 years that I left Canada maybe it would be easier... but I think with the situation in Yemen that would make even harder...

Anyways, thank you for taking the time to read and answer my question.

Unfortunately, sometimes lawyers give bad advice that can prove to be pretty expensive (literally and figuratively) for an applicant.

IMO, as more than 10 years has passed.... and if, for example, you still had an Indian passport/a passport of a economically/politically stable country, you could have got lucky for a TRV. Unfortunately, it's your Yemen passport + the situation in Yemen that has significantly reduced your chances of a TRV

 

[kingdaibon]

Unfortunately, sometimes lawyers give bad advice that can prove to be pretty expensive (literally and figuratively) for an applicant.

IMO, as more than 10 years has passed.... and if, for example, you still had an Indian passport/a passport of a economically/politically stable country, you could have got lucky for a TRV. Unfortunately, it's your Yemen passport + the situation in Yemen that has significantly reduced your chances of a TRV

Hey, I have also applied for Canada study permit but 66 days its in processing. I have departure orders in absentia in my name when I was minor in 2012. My father was employed with canadian company in India and that gave him and all of us a PR. The employment was bonafide and there were no questions raised on that but VO in Canada asked him to stay in Canada physically to get 5 year renewal. We still got 1 year renewal and came to India as my uncle and grandmother had epilepsy. Both are no more now and I’ve explained the same in my SOP. Do you think this immense delay is because I will be rejected? I was minor and the departure orders were also in absence. I got 8 bands in IELTS and 60% in B.A Journalism with English Honours. Any help will be appreciated, thank you!

 

[Carlmora]

Does any one knows the conditions to book a flight under a departure order? Am I allowed to go to another country other than my own? I heard i have to fill a form and there are some requirments for the flight to be approved for the CBSA official. Can anyone that had already gone through this process tell me some about it. Thank you

 

[Bornlucky]

Does any one knows the conditions to book a flight under a departure order? Am I allowed to go to another country other than my own? I heard i have to fill a form and there are some requirments for the flight to be approved for the CBSA official. Can anyone that had already gone through this process tell me some about it. Thank you

You have to talk to the CBSA Removals Officer but generally speaking they will direct you to a country that will absolutely grant you entry upon return, and where's that for most people? Home, sweet home.

Otherwise you might get returned to Canada because your right of entry to this "other" country is discretionary.

You can ask though.

 

[Carlmora]

so it means they could not approve my flight to another country? i do not require visa for certain countries. how to get approval of the officer to go there?

 

[Bornlucky]

so it means they could not approve my flight to another country? i do not require visa for certain countries. how to get approval of the officer to go there?

Hi,

Yes, it means that they may not approve of your plan. Not requiring a visa doesn't guarantee that these countries will grant you entry.

How to get the officer's approval? I really don't know but it has to be a reasonable plan with a high degree of probability that once the plane takes off you won't be turned around by another nation and sent back to Canada.

You can ask them and maybe they'll permit it, but don't spend any money towards this plan without their consent because it may be wasted. If you tell them that you'll never return to your actual country it makes you a candidate for detention and an escorted removal as "unlikely to appear" for removal, so avoid that sort of sentiment when interviewed.

Good luck

 

[Carlmora]

so is it normal for them to keep the passport until i arrive to my home country?

 

[Bornlucky]

so is it normal for them to keep the passport until i arrive to my home country?

Hi, I can understand that you're apprehensive, but it really comes down to the removal interview.

What they decide to do hinges upon how you are during the interview, past experiences with removals to whatever country you're from, routing, and whatever other challenges exist for your departure to be confirmed. You need to be resolved that you are leaving and then introduce your questions without making them believe that you are hesitating to depart Canada.

They can provide the passport to the airline crew for safe keeping.

This is an important interview and whatever concerns you have are probably well understood by the officer. Keep your cool, be reasonable and for goodness sake don't start talking about fleeing your country the very minute you return. They will be conscious of any need to arrest, detain and escort you back if you provide them with the grounds to believe that you may not appear for removal.

Removal is no pleasure but you're no longer a "trusted traveller" after an unsuccessful refugee claim and these people are literally paid to be suspicious. Try to make them confident in you keeping your commitment to leave and see what breaks may be available for someone in your situation - there may not be much that they can offer outside of a sympathetic ear.

Again, good luck.

 

[Carlmora]

Hi, I can understand that you're apprehensive, but it really comes down to the removal interview.

What they decide to do hinges upon how you are during the interview, past experiences with removals to whatever country you're from, routing, and whatever other challenges exist for your departure to be confirmed. You need to be resolved that you are leaving and then introduce your questions without making them believe that you are hesitating to depart Canada.

They can provide the passport to the airline crew for safe keeping.

This is an important interview and whatever concerns you have are probably well understood by the officer. Keep your cool, be reasonable and for goodness sake don't start talking about fleeing your country the very minute you return. They will be conscious of any need to arrest, detain and escort you back if you provide them with the grounds to believe that you may not appear for removal.

Removal is no pleasure but you're no longer a "trusted traveller" after an unsuccessful refugee claim and these people are literally paid to be suspicious. Try to make them confident in you keeping your commitment to leave and see what breaks may be available for someone in your situation - there may not be much that they can offer outside of a sympathetic ear.

Again, good luck.

thank you so much Bornlucky. your words are really helpful. I am not having an interview everything has been over the phone. The officer just told me they will give the documents to the airline and they will give it to me when i arrive at the destination. I am not hasitating leaving the country but i wasnt sure of the procesdure abd i dont want to lose my documents. He also told me about certain requirements for the flight. Do you know what those are?

 

[Bornlucky]

thank you so much Bornlucky. your words are really helpful. I am not having an interview everything has been over the phone. The officer just told me they will give the documents to the airline and they will give it to me when i arrive at the destination. I am not hasitating leaving the country but i wasnt sure of the procesdure abd i dont want to lose my documents. He also told me about certain requirements for the flight. Do you know what those are?

Hi - so much depends on where you're going and the routing to get there, so I wouldn't want to guess. Have a safe journey and I hope that you can use your experiences to make a better and more secure life in a place where you're comfortable.