Issued with a Departure/Deportation Order.

[Marypetty]

18 months ago, I arrived in Canada for a two week holiday and to attend a family wedding. I was stopped by Montreal Immigration and told to report upstairs to the Immigration Office. I duly did so and after a stay there of over two hours, having to sign forms and have my photo take, I was issued with a Departure Order, which stated that "On a balance of probabilites, there are grounds to believe that she is a permanent resident who is inadmissible for failing to comply with the Residency Obligation of Section 28 of the Act. This order will be deemed to be a deportation order where no certificate of departure is issued. I was allowed to stay for the two weeks, but when I left two weeks later I was virtually escorted onto the plane by a uniformed immigration officer. My crime, if there was one, was almost forty years ago, I emigrated to Canada, but having met my husband (British) (I am also British born) I returned to the UK and never claimed Canadian residence.

I want to return to Canada this year for a three week holiday, again with family, and am worried sick that this Departure Order will give me problems on entry to Canada, that I could be refused admission or that this Departure Order will follow me around if I continue to holiday in Canada. My Mother is Canadian, I have been back and fore to Canada on several occasions over the past years, never over stayed, never committed any crime in any country, (not even dropped a piece of litter).

Has anyone else suffered this discrimination, or have any idea if it will stop me visiting Canada for holidays in the future, or will remain a black mark on my name at the Canadian Immigration Department.

Many thanks for any help or suggestions.

 

[SenoritaBella]

Sorry for your ordeal. It seems you obtained permanent residence status back in the day but did not fulfill your residency obligations(i.e. must have 730 days of physical presence in Canada in each rolling 5 year period).
You say your mom is Canadian, can you find out whether you can obtain Canadian citizenship through her?
Unfortunately, this will remain on your record but since you left when asked, it never became a deportation order.
Are there humanitarian and compassionate reasons for why you failed to meet residency obligations? e.g. medical issues, etc? With these, you could have appealed the decision but I think you may be outside the window now(30 days).
The other thing I don't understand, a permanent resident has a right to enter Canada. Even if they reported you for failing to meeting residency obligations, you would have had 30 days to appeal. Did they tell you this?

 

[scylla]

The other thing I don't understand, a permanent resident has a right to enter Canada. Even if they reported you for failing to meeting residency obligations, you would have had 30 days to appeal. Did they tell you this?

This is only true if the person still has a valid PR card. If the person no longer has a valid PR card, entry into Canada can certainly be refused.

Marypetty - assuming you have no intentions of living in Canada permanently, it would be easiest if you contact CIC and voluntarily surrender / give up your PR status. Then you should have no issues visiting Canada as a true visitor in the future.

 

[amikety]

I would personally look into claiming Canadian citizenship since your mother was Canadian. That's the best way to guarantee entry. Since you don't live in Canada, you won't have to worry about filing taxes either.

 

[zardoz]

One question that springs to mind... "Why does she refer to this incident as discrimination?" Is there something that we are not being told?

 

[scylla]

One question that springs to mind... "Why does she refer to this incident as discrimination?" Is there something that we are not being told?

Yes - unless there's much more to the story it's certainly not discrimination. It sucks. But it's not discrimination.

 

[Marypetty]

Many thanks for your replies. I stayed in Canada for several years after immigrating. I met my future husband who was in the British forces, and had several years to go before he was being able to leave. Hence I returned to the UK. I knew my residence in Canada had lapsed, had no intention of trying to live there permanently, have never overstayed, even though I have visited my family for holidays several times. Suddenly this time everything was different. I was stopped at immigration for over two hours, had to sign several forms, had my photo taken and told I was allowed in for only two weeks and had to report again at immigration before I left. I did this, had to sign another form at departure and was then shown out to the plane by a uniformed immigration officer. What had I done? Nothing.

My mum is Canadian, therefore unless I was born out-of-wedlock, (which I was not) I am not entitled to automatic citizenship. However, that is not the point; I have accepted this and not tried to overstay. My point is - why should they issue me with a departure notice when I have not done anything wrong, not contravened any law, not committed any crime always had a return ticket and never overstayed. I now worry that this Departure/Deportation Order will be there everytime I visit my family or go on holiday there, and I will have trouble again at the Canadian immigration. Yes, I was given 30 days to appeal, but to appeal WHAT! I was only there for a two week holiday.

The whole thing is worrying and I have no idea whether I will be allowed in next time I visit, or whether the whole senario will be repeated, and will this departure order be only my record for ever. I feel it is discrimination against me and yes it also sucks!

 

[canuck_in_uk]

My mum is Canadian, therefore unless I was born out-of-wedlock, (which I was not) I am not entitled to automatic citizenship.

Was your mother a Canadian citizen when you were born or did she become a naturalized citizen after you were born? If she was Canadian when you were born, you are a citizen, regardless of her marital status or where you were born.

 

[Marypetty]

Not so in my case. Those born pre 1947 were not considered Canadian but British. Therefore my Mother (even though she was born there from parents who were also born there) only became Canadian after the passing of Bill C-37 in 2009. I was born prior her being declared Canadian. Only children of Canadian men are given that right. (Now that is discrimination!)

But again this is not the issue. It is that I was given a departure order which I did not deserve as I was only there for two weeks, had never overstayed or committed any crime, and I am now worried that this will affect any further trips to visit my family.

 

[amikety]

Not so in my case. Those born pre 1947 were not considered Canadian but British. Therefore my Mother (even though she was born there from parents who were also born there) only became Canadian after the passing of Bill C-37 in 2009. I was born prior her being declared Canadian. Only children of Canadian men are given that right. (Now that is discrimination!)

But again this is not the issue. It is that I was given a departure order which I did not deserve as I was only there for two weeks, had never overstayed or committed any crime, and I am now worried that this will affect any further trips to visit my family.

I'm sorry to say, but technically you did violate the conditions of your PR. That's why you got the rough treatment. CBSA doesn't always catch it - you can read stories about people from all over the world who lapsed in their PR but managed to get back into Canada without a problem. What you have described sounds 100% normal when someone is suspected of lapsing on their PR residency.

It would be best for you to give up your PR now. Yes, you will have a note in your file indefinitely. You may also want to carry extra proof you intend to leave Canada (i. e., letter from your employer, copy of your mortgage or lease).

 

[scylla]

I'm sorry to say, but technically you did violate the conditions of your PR. That's why you got the rough treatment. CBSA doesn't always catch it - you can read stories about people from all over the world who lapsed in their PR but managed to get back into Canada without a problem. What you have described sounds 100% normal when someone is suspected of lapsing on their PR residency.

It would be best for you to give up your PR now. Yes, you will have a note in your file indefinitely. You may also want to carry extra proof you intend to leave Canada (i. e., letter from your employer, copy of your mortgage or lease).

Agreed. This is good advice.

 

[canuck_in_uk]

Not so in my case. Those born pre 1947 were not considered Canadian but British. Therefore my Mother (even though she was born there from parents who were also born there) only became Canadian after the passing of Bill C-37 in 2009. I was born prior her being declared Canadian. Only children of Canadian men are given that right. (Now that is discrimination!)

But again this is not the issue. It is that I was given a departure order which I did not deserve as I was only there for two weeks, had never overstayed or committed any crime, and I am now worried that this will affect any further trips to visit my family.

Ah, apologies, I was thinking that you were born after 1947. The pre 1947 rules are pretty ridiculous, and yes, discriminatory against women and also against unmarried men.

So was your mother was born in Canada (obviously pre 1947 , so considered British) and then married a non-Canadian before 1947, disqualifying her for Canadian citizenship when they changed the laws in 1947? And she retroactively then got her citizenship after the 2009 changes?

You seem to fall into the "Lost Canadian" category then. The court case of the "Lost Canadians" was filed last week. I'm sure it will take years to go through the courts but it's possible that at the end of it, you will be able to claim your citizenship

 

[Marypetty]

Many thanks for that. Yes, you about summed it up right. But as I am due to join my family again for three weeks in July, just was hoping that I would not get the same treatment that I got 18 months ago. I guess I will just have to hope it won't be so harrowing this time. If the court case comes off and is successful, then that would be great, but at the present time, I only want to holiday with my family.

Many thanks again. I will just have to wait and see what happens when I go there.

 

[DGT]

I'm pretty shocked to hear that "Canadians" were considered British citizens until 1947. Given that Confederation was 1867!

 

[Marypetty]

The Canadian Goverment does not even consider those brave men who fought and died for Canada in both world wars to be Canadian - their comment was - yes they were brave, but they were not Canadian. Sad when you realise their bravery together with many other nations stopped Hitler over running Britain, then nothing to stop them from neutral Ireland - over to attack Canada. Sad but true.