Returning to Canada

[Leon]

You still have time to wait but you don't have to. It is really up to you. If you decide to go visit the UK in the future, could the cancelled visa make trouble for you? If that is the case, maybe you should wait a bit longer to see if they give you your passport back without cancelling it. Or you could decide on a date you want to move by and book your flight and go then, no matter if they have cleared you or not.

 

[junaed]

Dear Leon.
Thanks again for your reply. I do not care about the UK visa. In future I may have to visit UK but this is not the reason of my concern. my concern is whether the cancelled UK visa raise any issues to airline or at the port of entry in Canada, which you have already given me answer.

 

[clubcanada]

@junaed:

You should listen to your lawyer and get advise on how to proceed. He/she should provide you better insights in regards to potential communication, timeline and options (including consequences) and how to deal with the UK border agency. Based on what you've written you believe to be in good standing and you should make all effort to leave the UK all cleared. All passport entries might have an impact on further trips or even on your PR status. I assume you've got prepared already by getting all your supporting documents together.

 

[junaed]

Hi clubcanada
Many thanks for your advice. I have a solicitor. we are processing for High Court Judicial Review. when my solicitor threaten UKBA for Judicial Review, on 4th December Chief Immigration Officer replied back to us and promised that they will conclude the case within a week. after waiting two weeks my solicitor had a conversation with UK Border Agency again. in response, UKBA said they need few more days to make a decision. the UKBA has not given any decision yet. again according to the Judicial Review rules we have to apply to the Court within three months since the public body acting unreasonably. my three months will end on 7th January. My solicitor is going to submit the case to the High Court before the deadline. It seems to me that UKBA does not want me to proceed to the High Court as it may cost them money if they have no strong ground against me. that is why every time they request for few days to extend the date beyond 8th January as they know after this date we can not proceed to the Court. I am trying to make all effort to leave UK all cleared but I do not know how long it will take. I also agree with Leon that a cancelled UK visa should not have impact on my entry to Canada as a Permanent Residenceas long as there are no criminal or security issues.

I hope for the best outcome from UKBA and i will wait few more months in the UK to resolve the issue.

let me know if you have more comment on my case.

Kind Regards

 

[clubcanada]

I also agree with Leon that a cancelled UK visa should not have impact on my entry to Canada as a Permanent Residenceas long as there are no criminal or security issues.

It seems UK-BA is buying time. however, let's take it this way: you stated that UK-BA is investigating as they believe you've breached your obligations in association with your work permit and/or study permit. If they find you guilty in the worst case this might lead into an arrest, fine, and/or deportation. how do you think this is going to affect your criminal record (in the UK but visible in your passport!)? A refused/canceled on your UK visa also looks odd and might raise some questions when entering canada. The time frame for your UK visa presumably was during or before your PR was being processed. I'm not a lawyer but you should discuss with your solicitor the long-term impacts on your Canadian PR for all options. from my point of view this goes far beyond returning to the UK.

My personal view on this is that you should clearly state your intention to leave the UK but you also want to remain your good standing.

Have you double-checked whether there's ANY ground for UK-BA to have you investigated? are there maybe any holes that they might see from their perspective?

btw: with almost weekly announcement of illegal workers' raids the UK's currently going nuts when it comes to immigration and border control - to me it sounds like the officers get a performance bonus per arrest...

 

[junaed]

Thanks to Leon, Alabaman, Manpreet4875, Clubcanada.
After 4 months UKBA returned my passport. After I issued Judicial Review in the High Court against the Immigration Officer/UKBA, High Court gave 21 days to the UKBA to submit ground against me. UKBA realized that they made mistake as there is no reasonable ground (as I know I have not done anything unlawful in the UK) against me, they do not want to go for the Court proceeding, and sent my passport without any objection.
Meanwhile I had to pay the price for the Immigration Officer/UKBA’s ignorance of their own Immigration Law their stupid mistake. Had I not issued Judicial Review, UKBA would have not given my passport back yet.