Returning to Canada

[junaed]

Hi
I am a Bangladeshi Citizen. I am living in the UK since 2003. I came to the UK as student and later on I moved to Skilled Migrant. I have my UK visa till October 2012 and I am working as a Computer Programmer.

I am also a Permanent Resident of Canada. I became Permanent resident in February 2010. I stayed one month in Canada and came back to the UK in March 2010.

in September 2011 I went to Canada for few weeks to do some initial setup to move permanently.
on my returning to the UK, UK Border Agency asked me several questions about my last 8 years in the UK. and for no valid reason they hold my passport and let me enter in the UK temporarily. they said that I have not given them satisfactory answer.
few days later I contacted Uk Border Agency about my passport return. they said that they need to do some inquiry and will not return my passport until they complete their inquiry. they also said that if I want to go back before they do their query, they will cancel my existing UK visa.

I have not done anything wrong in the UK. I do not know how long they are going to take to answer me back. but I do not want to spend more time in the UK
is there anyone who can give me some advice on my following question-

If I withdraw my Passport from UK Border Agency(with UK visa cancellation), will that be any problem in the border on my returning to Canada?
or shell I wait a couple of month to get feedback from UK Border Agency?

for your kind information, I have my PR card with me. any advice will be very helpful.

Kind Regards

 

[Alabaman]

If I withdraw my Passport from UK Border Agency(with UK visa cancellation), will that be any problem in the border on my returning to Canada?
or shell I wait a couple of month to get feedback from UK Border Agency?

I don't think this should be a problem. If you are done living in the UK and you are ready to move to Canada, just collect your passport and leave. Afterall Canada is better than the UK (in my opinion). Also, you know that you can start counting your physical presence days towards Canadian citzenship. Goodluck.

 

[junaed]

HI Alabaman,
Many many thanks for your reply and advice.

I know that I have not done anything wrong in the UK.
If I ask the Uk Border Agency to withdraw my passport they will give my passport in the Airport on the departure day and put a 'CANCEL' on my existing UK visa. that means I admit that I am guilty.
what I am thinking of wait a couple of month for their reply and if they do not give me any update I will do the above.

I am just worried that on my returning to Canada will Immigration Officer ask me about my UK visa cancellation?
or
for this reason(cancelled UK visa) will CBSA stop me entering to the Country?

Kind Regards.

 

[Leon]

You are a Canada PR so they will never stop you from entering Canada. You are allowed to live outside Canada for up to 3 out of 5 years and still keep your PR so it will not matter if you wait a couple of months now to see if they give you your passport back.

However, it is not a problem if they cancel your UK visa as you are moving to Canada anyway and will not need it any more.

 

[junaed]

Hi Leon,
I am thankful to you for your advice. your answer is a release for me. I was worried about my current situation. I went to see few solicitors but they could not give me proper answer. all they said that UK Border Agency will give my passport back but there is no gurantee how long does it take. some of them also said that Canadian Border Agency may question me If I Withdraw my Passport from UK with cancellation seal. such as why did UK Border Agency cancelled my UK visa and may stop me.

I am thankful to you for your help.

Kind Regards.

 

[manpreet4875]

IF nothing is wrong with u , u should let UK authorities enquire(few month). After clearing the things u can move to Canada any time as u got PR in 2010 so u have ample time to enter in Canada

 

[junaed]

Hi manpreet4875,
Thanks for your advice. I am also waiting for UK Border Agency reply. Initially they told me that they will let me know the decision in four days. after four days they sent me another letter notifying me that by 19th January 2012 they will give decision. I think they may extend the date again.
talking to few lawyer and some other people I had the understanding that UKBA wants to reduce migrants and specially those who are about to apply for Permanent Residency in the UK. As I am eligible to apply for PR in 10 months time therefore they aretrying to find excuse not to give opportunity for PR. what I am thinking of is I will wait till 19th January 2012. if they do not give me any decision than I will voluntarily depart from UK. but accepting guilt without being guilty is difficult. otherwise I can move from UK now. Also one lawyer said to me that If I go this way from UK then my entry to Canada may be questionable as Canada was also under British colony.
Do you have any comment please?
Kind Regards.

 

[Alabaman]

Why not write to them to expedite their investigation as you need to travel to Canada permanently and that they are delaying your move. You can get a lawyer to do this as well.

 

[junaed]

Thanks everyone.
I got a lawyer. he wrote to them but they have not replied yet. also my local council Mayor wrote to UKBA and they have not replied yet. it looks like UKBA can take as long as they want to proceed a case.
they said if i want to go back before my case concluded then I need to send my ticket and they will do nacessary arrangement at the Airport. this actually means that I am admitting my guilty and they are deporting me. the problem is I do not want to be treated like this as I have not done anything wrong. but my Lawyer said that until UKBA give any decision we can not challange them. so if you do not spend time in the UK then follow what they say and go back to Canada. but if you have problem entering into Canada as being deported from UK then what will you do.
I agree with the lawyer. but I do not understand what kind of law is this that without any specific reason(the reason Immigration Officer gave me is "you have failed to give satisfactory answer to an Immigration Officer's queries") UKBA take unlimited time to process a case.

what I am thinking is I will wait till January 2012. if UKBA does not resolve then I will go back to my Country(Bangladesh) for few weeks and then I will go to Canada other than going directly from UK to Canada.

anyone has any advice please?
Thanks

 

[david26]

hi
i just read what you wrote about the Canadian PR and i have a very important question regarding the 3 out of 5 years.
i am becoming Canadian PR very very soon and my wife who is canadian citizen and i (German citizen) are planning to move to Switzerland next year in october for 2 years.since i am getting my PR in 2 or 3 weeks and staying in canada till october next year which is almost 11 months of stay here in canada so would i be able to come back after two years to canada without having any problem with the immigration.

i heard that everyone has to stay about 730 here in canada in order to apply for the renewal of PR, i am not sure about it.so please let me know how it is ?thanks in advance.

You are a Canada PR so they will never stop you from entering Canada. You are allowed to live outside Canada for up to 3 out of 5 years and still keep your PR so it will not matter if you wait a couple of months now to see if they give you your passport back.

However, it is not a problem if they cancel your UK visa as you are moving to Canada anyway and will not need it any more.

 

[Leon]

hi
i just read what you wrote about the Canadian PR and i have a very important question regarding the 3 out of 5 years.
i am becoming Canadian PR very very soon and my wife who is canadian citizen and i (German citizen) are planning to move to Switzerland next year in october for 2 years.since i am getting my PR in 2 or 3 weeks and staying in canada till october next year which is almost 11 months of stay here in canada so would i be able to come back after two years to canada without having any problem with the immigration.

i heard that everyone has to stay about 730 here in canada in order to apply for the renewal of PR, i am not sure about it.so please let me know how it is ?thanks in advance.

Everyone has to have 730 days in Canada in their first 5 years as a PR and any rolling 5 year period after that. However, if you are living with a Canadian spouse in another country, your time there will also count as time spent in Canada towards your PR residency requirements so you have absolutely nothing to worry about.

 

[david26]

hi
thank you so much for the information.

Everyone has to have 730 days in Canada in their first 5 years as a PR and any rolling 5 year period after that. However, if you are living with a Canadian spouse in another country, your time there will also count as time spent in Canada towards your PR residency requirements so you have absolutely nothing to worry about.

 

[junaed]

TO LEON, ALABAMAN and anyone is similar situation,
Refer to my previous issue I have few questions. Although I have asked similar question before but I am still worried. I appreciate if anyone(Leon, Alabaman ) can help me make my decision.
Let me start again.
I am a Bangladeshi Citizen. I am in the UK since 2003. I was in Student visa from August 2003 to October 2007. In October 2007, I switched to Work Permit (High Skill Migrant Programme). Subsequently, in October 2009, I extended my work permit and this is valid till October 2012. I work for a Retail as a Programmer.

I became Permanent Resident in Canada in February 2010. So far I spent about 40 days in Canada in two separate occasions.
On my last return from Canada to the UK on 8th October 2011, I was stopped at Heathrow Airport by Immigration Officer. He did not give me any reason except that he was not satisfied with my answer. As I have been living in the UK for more than eight years and had extended my visa several times I could not remember every extension date and what documentation I submitted at the time of every extension, therefore the Immigration Officer was not satisfied. I was detained and then released on temporary admission until 19th January 2012. I have given restriction to go to local immigration reporting centre every fortnight which is something called under UK Immigration examination control. They also hold my passport.

After several correspondence with UK Border agency my solicitor found that UK Border Agency trying to establish either I have breached any condition such as working condition during the time I was in student visa(from August 2003 to October 2007) in the UK or any other condition during my work permit. But they are not giving exact reason that why they need to do this enquiry and how long they will take to complete their examination.

I do not want to live in the UK anymore. Also I have admission Offer for MSC in Computer Science at University of Regina which starts in September 2012.

I have two options now
1) If I need to go out from the UK before the UK Immigration give their decision then I have to purchase my ticket and fax it to the Heathrow Airport and then UK Immigration will give my passport at check in desk on the day of departure.
This means that UK Immigration will stamp “CANCEL” and “REFUSE” seal across my current UK visa.
2) If I wait for their outcome I do not know how long will it take.

I am asking for advice from knowledgeable people like you who give numerous valuable advices to people like me.
Please advice me if I take the option 1, is there any difficulty at checkin desk to onboard a flight to Canada from Heathrow airport, as they will see that I have a “CANCEL” stamp on my UK visa. And if I do not have any problem onboard a flight to Canada, is there any difficulty on arrival at port of entry in Canada?
For your kind information I still have enough time to meet residency obligation as my PR started 7th February 2010. I also have my PR Card with me.


Or shell I wait till 19th January 2012 and see what is the outcome from UK Immigration.
Again if there is any negative result comes then I have to appeal and that takes forever sometimes.


Please advice me. I am not worried about my UK Immigration I am worried about my Canadian PR. I do not want MY PR in Canada affected for this UK Immigration problem.

I am sorry to take your time. I hope you would not mind for this long information I present to you.

 

[Leon]

A cancelled UK visa should not affect your ability to go to Canada at all. You are PR and you have the right to enter Canada.

You can still easily meet the residency requirements. You are allowed to be outside Canada for up to 1095 days (3 years) in your first 5 years as a PR and so far, you have been outside Canada for less than 2 years.

 

[junaed]

Dear Leon,
Many thanks for your prompt reply and advice. I just need to make a decision. shell I wait in the UK for UK Immigration response or buy a ticket to Canada before UK Immigration decision. what would be your advice. I am sorry to bother you again but you could understend my frustration.
Kind Regards