Unique Immigration Scenario

[bushra1122]

Hello,

I am posting this scenario about my father. He arrived in Canada through an alias passport in 1995 or 1997. Upon entering he claimed asylum and was granted refugee status. Then his status was changed to landed immigrant. My father sponsored his wife and 6 kids who arrived in 1999.

In 2002 while travelling he was coming from Pakistan to Canada through the U.S.A and he had his real Pakistani passport on him plus his alias United Kingdom passport. At the airport he threw his alias passport in the garbage and entered Canada.

Turns out the janitor at the airport found it and handed it to the authorities. Fast forward a few weeks and CBSA showed up at our home and an immigration case was opened against him.

The final decision of the case was passed in 2005 in which his residency status had been taken away from him and a deportation order was issued for him.

There was a final court hearing where the deportation order would be presented to him but on that court date the CBSA officer responsible for him did not show up. And that was the end of that.

After that my dad was not contacted by CBSA and he didn't try to contact them either. Roughly 3/4 years ago he was contacted by CBSA from his hometown as they had opened a new office here and his file was transferred here. Since then he is required to go at the end of every month to sign a piece of paper letting them know he is still here.

He cannot be deported because he does not have any valid travel document from any country. He was told to go apply for his home country passport through the embassy and submit the receipt to CBSA. He did that three years ago. Stiml nothing from either end.

Meanwhile, my father still carries his original SIN #, his health card, and driver's license. The ids renew without a problem. He recently turned 65 years old.

This spring I applied for Humanitarian and Compassionate for him. The waiting time is roughly 2 to 2.5 yrs. An agent at a Service Canada location advised my mother could also do an inland sponsorship application for my father which we submitted in September and it's progressing normally.

Has anyone come across such a case like this and may be able to give me input as to what his chances are to get pemanent residency here?

He is still self-employed. Files his taxes on time, only has 1 or 2 traffic tickets under his name since he has been here.

All his immediate family is here: wife, kids, grandkids. He was two surviving siblings and they have been settled in the United Kingdom since the 1970s.

We're very hopeful CIC may consider the fact that he is not a burden to the economy as he still works, has all his family here, and hasn't committed any crime so they may give him PR status.

Any similar cases you guys may know of? What should we expect? Are there any chances of him being allowed to stay?

The CBSA officer had said that by law until there is a travel document for my father he cannot be deported. And the officer said because he ia 0 risk so they will not be prioritizing him at all. He has had the deportation order since 13 years now. And the last time he was out of Canada was 16 years ago.

 

[canuck_in_uk]

Hello,

I am posting this scenario about my father. He arrived in Canada through an alias passport in 1995 or 1997. Upon entering he claimed asylum and was granted refugee status. Then his status was changed to landed immigrant. My father sponsored his wife and 6 kids who arrived in 1999.

In 2002 while travelling he was coming from Pakistan to Canada through the U.S.A and he had his real Pakistani passport on him plus his alias United Kingdom passport. At the airport he threw his alias passport in the garbage and entered Canada.

Turns out the janitor at the airport found it and handed it to the authorities. Fast forward a few weeks and CBSA showed up at our home and an immigration case was opened against him.

The final decision of the case was passed in 2005 in which his residency status had been taken away from him and a deportation order was issued for him.

There was a final court hearing where the deportation order would be presented to him but on that court date the CBSA officer responsible for him did not show up. And that was the end of that.

After that my dad was not contacted by CBSA and he didn't try to contact them either. Roughly 3/4 years ago he was contacted by CBSA from his hometown as they had opened a new office here and his file was transferred here. Since then he is required to go at the end of every month to sign a piece of paper letting them know he is still here.

He cannot be deported because he does not have any valid travel document from any country. He was told to go apply for his home country passport through the embassy and submit the receipt to CBSA. He did that three years ago. Stiml nothing from either end.

Meanwhile, my father still carries his original SIN #, his health card, and driver's license. The ids renew without a problem. He recently turned 65 years old.

This spring I applied for Humanitarian and Compassionate for him. The waiting time is roughly 2 to 2.5 yrs. An agent at a Service Canada location advised my mother could also do an inland sponsorship application for my father which we submitted in September and it's progressing normally.

Has anyone come across such a case like this and may be able to give me input as to what his chances are to get pemanent residency here?

He is still self-employed. Files his taxes on time, only has 1 or 2 traffic tickets under his name since he has been here.

All his immediate family is here: wife, kids, grandkids. He was two surviving siblings and they have been settled in the United Kingdom since the 1970s.

We're very hopeful CIC may consider the fact that he is not a burden to the economy as he still works, has all his family here, and hasn't committed any crime so they may give him PR status.

Any similar cases you guys may know of? What should we expect? Are there any chances of him being allowed to stay?

The CBSA officer had said that by law until there is a travel document for my father he cannot be deported. And the officer said because he ia 0 risk so they will not be prioritizing him at all. He has had the deportation order since 13 years now. And the last time he was out of Canada was 16 years ago.

The fact is, your entire family should have been stripped of status and removed from Canada when your father's criminal actions were discovered.

This situation is too complicated for anyone in the forum to really comment on. He should be speaking to an immigration lawyer.

 

[canuck78]

Why was he still carrying around fake documents so long after he had been approved for asylum?That was beyond stupid.

 

[bushra1122]

The fact is, your entire family should have been stripped of status and removed from Canada when your father's criminal actions were discovered.

This situation is too complicated for anyone in the forum to really comment on. He should be speaking to an immigration lawyer.

And the fact of the matter is, none of us were aware of the means by which we were sponsored here. All of his kids were minors at that time. I only found out the full extent of everything when he was contacted by the local CBSA office a few years ago and I went in with him.

And although my father's means of getting into this country were wrong but i will say this much: you don't know the struggles of providing for a safe and promising future for your children and neither do you know the sacrifices my father ended up having to make in the long haul.

I wasn't aware this forum hosts people who if they cannot help/guide will start brandishing statements such as you have.

If you do not have anything constructive to say regarding my initial post, kindly move on.

I certainly didn't ask for personal sentiments.

 

[bushra1122]

Why was he still carrying around fake documents so long after he had been approved for asylum?That was beyond stupid.

The only thing I can think of is he was using it to travel outside of the country rather than his original so he would meet citizenship requirements on time. That's my guess.

 

[canuck_in_uk]

And the fact of the matter is, none of us were aware of the means by which we were sponsored here. All of his kids were minors at that time. I only found out the full extent of everything when he was contacted by the local CBSA office a few years ago and I went in with him.

And although my father's means of getting into this country were wrong but i will say this much: you don't know the struggles of providing for a safe and promising future for your children and neither do you know the sacrifices my father ended up having to make in the long haul.

I wasn't aware this forum hosts people who if they cannot help/guide will start brandishing statements such as you have.

If you do not have anything constructive to say regarding my initial post, kindly move on.

I certainly didn't ask for personal sentiments.

It is a simple statement of fact, not a personal sentiment.

As already stated, this situation is too complicated for this forum. No one here can even guess at the outcome.

 

[bushra1122]

It is a simple statement of fact, not a personal sentiment.

As already stated, this situation is too complicated for this forum. No one here can even guess at the outcome.

Allow me to state a fact as well. It is a fact that the law does not allow for everyone to be punished for the mistake of one. Rest assured if that were the case we would have been stripped of our residency as well long ago.

Thank you for your replies.

 

[canuck_in_uk]

Allow me to state a fact as well. It is a fact that the law does not allow for everyone to be punished for the mistake of one. Rest assured if that were the case we would have been stripped of our residency as well long ago.

Thank you for your replies.

Not a fact. Action can certainly be taken against people who benefit from the criminal actions of others. Your father and family seem to have just gotten lucky.

 

[bushra1122]

Not a fact. Action can certainly be taken against people who benefit from the criminal actions of others. Your father and family seem to have just gotten lucky.

My father was told by the lawyers - his and the government lawyer - that by law his family could not be punished or held accountable for his actions.

So in our case it is a fact.

 

[canuck_in_uk]

My father was told by the lawyers - his and the government lawyer - that by law his family could not be punished or held accountable for his actions.

So in our case it is a fact.

It is not a punishment to be returned to your country. Your mother was almost certainly complicit in the fraud. As minor children, you and your siblings would have been removed along with your parents.

 

[scylla]

Hello,

I am posting this scenario about my father. He arrived in Canada through an alias passport in 1995 or 1997. Upon entering he claimed asylum and was granted refugee status. Then his status was changed to landed immigrant. My father sponsored his wife and 6 kids who arrived in 1999.

In 2002 while travelling he was coming from Pakistan to Canada through the U.S.A and he had his real Pakistani passport on him plus his alias United Kingdom passport. At the airport he threw his alias passport in the garbage and entered Canada.

Turns out the janitor at the airport found it and handed it to the authorities. Fast forward a few weeks and CBSA showed up at our home and an immigration case was opened against him.

The final decision of the case was passed in 2005 in which his residency status had been taken away from him and a deportation order was issued for him.

There was a final court hearing where the deportation order would be presented to him but on that court date the CBSA officer responsible for him did not show up. And that was the end of that.

After that my dad was not contacted by CBSA and he didn't try to contact them either. Roughly 3/4 years ago he was contacted by CBSA from his hometown as they had opened a new office here and his file was transferred here. Since then he is required to go at the end of every month to sign a piece of paper letting them know he is still here.

He cannot be deported because he does not have any valid travel document from any country. He was told to go apply for his home country passport through the embassy and submit the receipt to CBSA. He did that three years ago. Stiml nothing from either end.

Meanwhile, my father still carries his original SIN #, his health card, and driver's license. The ids renew without a problem. He recently turned 65 years old.

This spring I applied for Humanitarian and Compassionate for him. The waiting time is roughly 2 to 2.5 yrs. An agent at a Service Canada location advised my mother could also do an inland sponsorship application for my father which we submitted in September and it's progressing normally.

Has anyone come across such a case like this and may be able to give me input as to what his chances are to get pemanent residency here?

He is still self-employed. Files his taxes on time, only has 1 or 2 traffic tickets under his name since he has been here.

All his immediate family is here: wife, kids, grandkids. He was two surviving siblings and they have been settled in the United Kingdom since the 1970s.

We're very hopeful CIC may consider the fact that he is not a burden to the economy as he still works, has all his family here, and hasn't committed any crime so they may give him PR status.

Any similar cases you guys may know of? What should we expect? Are there any chances of him being allowed to stay?

The CBSA officer had said that by law until there is a travel document for my father he cannot be deported. And the officer said because he ia 0 risk so they will not be prioritizing him at all. He has had the deportation order since 13 years now. And the last time he was out of Canada was 16 years ago.

I agree this is far too complex a question for an immigration forum. None of us here are immigration lawyers - we are normal people like you.

If he hasn't already done so, your father should look into hiring a very good immigration lawyer to assist him. He needs good legal representation at this point.

 

[Copingwithlife]

And the fact of the matter is, none of us were aware of the means by which we were sponsored here. All of his kids were minors at that time. I only found out the full extent of everything when he was contacted by the local CBSA office a few years ago and I went in with him.

And although my father's means of getting into this country were wrong but i will say this much: you don't know the struggles of providing for a safe and promising future for your children and neither do you know the sacrifices my father ended up having to make in the long haul.

I wasn't aware this forum hosts people who if they cannot help/guide will start brandishing statements such as you have.

If you do not have anything constructive to say regarding my initial post, kindly move on.

I certainly didn't ask for personal sentiments.

Once again , and I’ll say it again . It’s a public forum, You decided to post your situation to a public forum, people are free to give their opinions , just as you are free to ignore them, that’s just the way it goes , that being said, getting all indignant when people express their opinions on your father breaking the law, is just a bit much ....considering the situation, and the current changing of the public’s perception on immigration into this country
And as far as your scenario goes , immigration wise .. “ And the band played on “......

 

[bushra1122]

I agree this is far too complex a question for an immigration forum. None of us here are immigration lawyers - we are normal people like you.

If he hasn't already done so, your father should look into hiring a very good immigration lawyer to assist him. He needs good legal representation at this point.

Thank you for your advice, I appreciate it.

 

[canuck78]

The only thing I can think of is he was using it to travel outside of the country rather than his original so he would meet citizenship requirements on time. That's my guess.

Think all of us would agree that your family got very lucky if they have not had serious repercussions already. It seems like you may not be aware of the actual story behind the fake documents but it is highly unusual for a Canadian PR (or citizen) to be walking around with a UK passport with an alias. Citizenship reasons don't make sense. Also many Canadians get very frustrated and start questioning the need for asylum when the applicant returns in 5 years (maybe even less) to their home country.

 

[canuck78]

And the fact of the matter is, none of us were aware of the means by which we were sponsored here. All of his kids were minors at that time. I only found out the full extent of everything when he was contacted by the local CBSA office a few years ago and I went in with him.

And although my father's means of getting into this country were wrong but i will say this much: you don't know the struggles of providing for a safe and promising future for your children and neither do you know the sacrifices my father ended up having to make in the long haul.

I wasn't aware this forum hosts people who if they cannot help/guide will start brandishing statements such as you have.

If you do not have anything constructive to say regarding my initial post, kindly move on.

I certainly didn't ask for personal sentiments.

The issue has nothing to do about how he entered Canada to claim asylum. It is the fact that 5 years later he was still using aliases and fraudulent documents.