question about departure order

[MandyUK]

Hi all, I have looked on the internet and in this forum, but cant find the answer, and was hoping someone could help me. I had a departure order 10 years ago from Canada, I left within the 30 days, was met at the airport by immigration and I signed some forms and was sent onto the plane. My question is, I have never returned to Canada in the last 10 years, my Husband wants to return to canada and do the spousal application.

Can anyone tell me how long the departure order remains on the immigration file, will when i travel there be flagged or will now after 10 years not be any record of it. I would like to go over at some point to visit family, but unsure of if they will let me enter canada.
Any help will be gratefully recieved.
Ty Mands

 

[MandyUK]

so, none knows the answer? does anyone have any advice on how to find out then?

 

[chelley]

does this help?

http://www.cic.gc.ca/english/information/inadmissibility/arc.asp

as long as you have proof that you did infact leave within the 30 days and it was a departure and not deportion order, it sounds like theoritically you do not need authorization to return to canada... it would be a good idea to include a copy of all the paperwork you have/can get your hands on from that day... they may put the onus back on you to prove you did infact leave within the required timeframe...

 

[MandyUK]

yeah thanks, I did look at that before, it was a departure order for overstay, I left within the 30 days and someone from the immigration at the airport came to meet me, and i had to sign some forms and stuff and then she informed the cabin crew and i was held back while everyone else went on then i boarded with a cabin crew member. I just really wanted to know if the depearture order was always on your record, why I am asking is my OH is in canada now, he was with me here in the Uk for 10 years but we decided that he should go back get a job and then in 2 weeks time we are putting in the spousal application for my PR.

But I was hoping to go over to canada before the application was completed, about end of September. I just wasnt sure if i would be allowed to enter on duel intent because of my previous overstay 10 years ago. I have never left the Uk since returning back in 2001. My children have since returned for holidays and have had no problem, (they were with me when I had the departure order), the first time the went back which was about 2 years after we left, they asked where I was and was happy i was in the UK, then they again returned about 4 years after that, but this time not asked anything.

Sorry for the waffling, just dont want to mess things up before i get my PR.
Thanks
Mandy

 

[chelley]

the overstay will never be "erased" from your records, once they've identified these things, i don't believe there is a statue of limitations as to how long they are applicable... it needn't mean you are banned from canada as long as you followed their instructions.... you'll need to explain the overstay in the application when asked... and as i said, provide any proof

as for visiting before/during the application, i don't see what would prevent it if their records are up to date and correctly list you obeying the orders, again, best to have as much proof as possible, many people i've heard of who were in similar situations have errors on their records (alibeit they were deportation orders and needed ARCs, but the records of departure have often been missing or incorrect with CIC, many have had to pay the CIC fee for airfare and buy their own airfare for example, or prove they actually left in the first place even though they too were escorted onto the plane... not sure if the same would be true for with a departure order)

good luck!

 

[v4x]

My husband had the same situation as yours...the visa officer told he could re-enter Canada after 2 yrs he'd been ordered to leave. I am going to sponsor him to apply PR, i guess the most important thing is to make sure that the info. you put on the application form is consistent to the record in immigration system and be able to explain the overstay or other related questions in case they ask. You followed their rules to leave within 30 days, that's important too. I don't think they won't allow you to enter as long as you got the visitor visa or PR visa if you wait longer (since you've already filed PR application). Good luck, for both of our cases

 

[MandyUK]

thanks Chelly and V4X, I think it might be better to just wait it out and wait for the application to be approved. :'( I have put on the application about the over stay, i was wondering if it was worth calling CIC and asking if they could check my record and make sure it never turned into a deportation order in my absence, its scary to read about how many people this actualy happened to.

thanks again
Mandy