Visitor Record Refused

[scylla]

Definitely not taking or even thinking about the Asylum path. I didn't mean Imposter Syndrome(?), I meant something else, it's slipping my mind right now. Sorry.

Taking care was not meant in the traditional sense of taking duties, just my verbiage. There were no strings attached to my living arrangement here in this house. Hmm, I did apply for building permit under my name, so if this is bought up as a point of contention in the future, I can understand how this might negatively impact me. And the latter part is interesting cause I did mention that in my LOE when I applied for Visitor Record before which got approved, my wording may have been different.

Doesn't CBSA take out warrants after 30 days of refusal letter? And the processing time for PR under H&C is like minimum 2 years. Won't they just use that as a ground for removal the moment a warrant is issued?

Thank you

CBSA doesn't automatically take out a warrant after 30 days. There's an element of case to case about this.

They may or may not move to remove you while an H&C application is being processed. Sometimes they do and sometimes they don't. Impossible to guess what might happen in your case. The key thing to understand is that submitting the H&C application does not restore your status and also does not prevent you from being removed from Canada, should CBSA decide to pursue to this.

 

[scylla]

Definitely not taking or even thinking about the Asylum path. I didn't mean Imposter Syndrome(?), I meant something else, it's slipping my mind right now. Sorry.

Taking care was not meant in the traditional sense of taking duties, just my verbiage. There were no strings attached to my living arrangement here in this house. Hmm, I did apply for building permit under my name, so if this is bought up as a point of contention in the future, I can understand how this might negatively impact me. And the latter part is interesting cause I did mention that in my LOE when I applied for Visitor Record before which got approved, my wording may have been different.

Doesn't CBSA take out warrants after 30 days of refusal letter? And the processing time for PR under H&C is like minimum 2 years. Won't they just use that as a ground for removal the moment a warrant is issued?

Thank you

One other comment around the H&C route. If you pursue this and are not approved, returning to Canada in the future on any sort of temporary status (like a visitor visa, study permit or work permit) will be extremely difficult to impossible.

 

[Tinman22]

CBSA doesn't automatically take out a warrant after 30 days. There's an element of case to case about this.

They may or may not move to remove you while an H&C application is being processed. Sometimes they do and sometimes they don't. Impossible to guess what might happen in your case. The key thing to understand is that submitting the H&C application does not restore your status and also does not prevent you from being removed from Canada, should CBSA decide to pursue to this.

I had the same understanding, thank you for confirming/clarifying it for me.

One other comment around the H&C route. If you pursue this and are not approved, returning to Canada in the future on any sort of temporary status (like a visitor visa, study permit or work permit) will be extremely difficult to impossible.

Won't the same condition apply if I don't leave within the initial 30 days? I am going to call CBSA to clarify some of my doubts, but I'm under the assumption that my refusal letter is consider a departure order(?).

 

[canuck78]

Definitely not taking or even thinking about the Asylum path. I didn't mean Imposter Syndrome(?), I meant something else, it's slipping my mind right now. Sorry.

Taking care was not meant in the traditional sense of taking duties, just my verbiage. There were no strings attached to my living arrangement here in this house. Hmm, I did apply for building permit under my name, so if this is bought up as a point of contention in the future, I can understand how this might negatively impact me. And the latter part is interesting cause I did mention that in my LOE when I applied for Visitor Record before which got approved, my wording may have been different.

Doesn't CBSA take out warrants after 30 days of refusal letter? And the processing time for PR under H&C is like minimum 2 years. Won't they just use that as a ground for removal the moment a warrant is issued?

Thank you

Building a fence or maintaining property where paid work could be done by someone else is still typically considered illegal work. The fact that you may be maintaining the home as a condition of living there rent free also would be considered paid work because you are receiving financial compensation through free housing. The owner is not occupying the home so you can not even say that your are visiting him.

 

[scylla]

Won't the same condition apply if I don't leave within the initial 30 days? I am going to call CBSA to clarify some of my doubts, but I'm under the assumption that my refusal letter is consider a departure order(?).

Hard to comment on what the letter is without seeing the actual text.

Note that CBSA may not give you very much information, apart from saying you should leave.

If you want advice, then you would be looking to hire an immigration lawyer.

 

[Tinman22]

Building a fence or maintaining property where paid work could be done by someone else is still typically considered illegal work. The fact that you may be maintaining the home as a condition of living there rent free also would be considered paid work because you are receiving financial compensation through free housing. The owner is not occupying the home so you can not even say that your are visiting him.

I am not living for free, but I can see when there is no formal rental agreement how it would look like. And my verbiage may have been a very loose, but I am paying for everything here.

Thank you for trying to guide me out of this situation.

 

[forevermore76]

I am not living for free, but I can see when there is no formal rental agreement how it would look like. And my verbiage may have been a very loose, but I am paying for everything here.

Thank you for trying to guide me out of this situation.

As harsh as it's going to sound, the more you disclose your situation the more you sound full of it.

IMHO, it's time to grow up, face the truth, take responsibility for your actions and leave Canada. You don't have a case for asylum or H&C. If you go down any of those routes, you will successfully delay your removal from Canada (for maybe even a few years) but also guarantee no return. If you are a citizen of a country, it's not very difficult to get a bank account and all the other stuff you are mentioning. About the mental health stuff, I feel for you and hope you get all the help needed in India.

It's really surprising how you have managed to stay as a visitor for this long but who am I to judge. The departure order turns in to a removal order with next failed application and last time I checked, removal orders come with a warrant.

I try not to judge people and this is probably not what you want to hear but I do wish you all the best.

 

[Tinman22]

As harsh as it's going to sound, the more you disclose your situation the more you sound full of it.

IMHO, it's time to grow up, face the truth, take responsibility for your actions and leave Canada. You don't have a case for asylum or H&C. If you go down any of those routes, you will successfully delay your removal from Canada (for maybe even a few years) but also guarantee no return. If you are a citizen of a country, it's not very difficult to get a bank account and all the other stuff you are mentioning. About the mental health stuff, I feel for you and hope you get all the help needed in India.

It's really surprising how you have managed to stay as a visitor for this long but who am I to judge. The departure order turns in to a removal order with next failed application and last time I checked, removal orders come with a warrant.

I try not to judge people and this is probably not what you want to hear but I do wish you all the best.

I agree that I've been complacent with my life. Letting things happen to and around me while trying to avoid the inevitable. It doesn't help that I've completely messed up my mental health to maintain this status quo with my family for the last three years.

Again, I would never apply for asylum, there are far more real and suffering people who are deserving of that chance. And I don't/won't falsify anything to weasel my way through that stream.

As for India, I don't have any identity card or my birth certificate or any other document besides my passport. I've looked up what docs I need to open an account, and I don't have many of them. Hence my hesitant. But I'll make a plan by the end of this weekend.

Thank you for your words, I knew I would face real facts/statements in this forum, hence me asking in the first place.

 

[canuck78]

I am not living for free, but I can see when there is no formal rental agreement how it would look like. And my verbiage may have been a very loose, but I am paying for everything here.

Thank you for trying to guide me out of this situation.

Assume you don’t have a mortgage. Things like property taxes are separate costs. Where are you getting all your funds?

 

[canuck78]

I agree that I've been complacent with my life. Letting things happen to and around me while trying to avoid the inevitable. It doesn't help that I've completely messed up my mental health to maintain this status quo with my family for the last three years.

Again, I would never apply for asylum, there are far more real and suffering people who are deserving of that chance. And I don't/won't falsify anything to weasel my way through that stream.

As for India, I don't have any identity card or my birth certificate or any other document besides my passport. I've looked up what docs I need to open an account, and I don't have many of them. Hence my hesitant. But I'll make a plan by the end of this weekend.

Thank you for your words, I knew I would face real facts/statements in this forum, hence me asking in the first place.

All these things can be easily obtained in India.

 

[Tinman22]

Assume you don’t have a mortgage. Things like property taxes are separate costs. Where are you getting all your funds?

No. Are my financial relevant here? I don't mind disclosing it but just want to know first.

All these things can be easily obtained in India.

I've looked into it, and my passport can carry me half way through the documents checklist, but I'm still missing the other half of it.

 

[canuck78]

No. Are my financial relevant here? I don't mind disclosing it but just want to know first.


I've looked into it, and my passport can carry me half way through the documents checklist, but I'm still missing the other half of it.

Very few young people can visit Canada for 7 years without earning some income. The suspicion will always be that you worked in Canada illegally. You may have to reapply for another copy of things like your birth certificate in India. The passport will get you to India where you can slowly get copies of everything else.

 

[Tinman22]

Very few young people can visit Canada for 7 years without earning some income. The suspicion will always be that you worked in Canada illegally. You may have to reapply for another copy of things like your birth certificate in India. The passport will get you to India where you can slowly get copies of everything else.

Talked to a lawyer, they told me that there is no path forward for me. I don't expect things to change in the next two days, I guess I'll try to compartmentalize for today and start working on what needs to be done tomorrow.

Cheers Canuck, thanks for your help.

 

[scylla]

Talked to a lawyer, they told me that there is no path forward for me. I don't expect things to change in the next two days, I guess I'll try to compartmentalize for today and start working on what needs to be done tomorrow.

Cheers Canuck, thanks for your help.

I agree with the lawyer. I know this isn't what you wanted to hear but you've gotten good advice.

Return to you home country. Spend a few years working in a skilled role to gain paid work experience, finish a bachelor degree at a minimum (preferably a master's), and also learn French to increase your points and options for immigrating. Then look to apply for PR through an economic immigration program like Express Entry.

Good luck.

 

[Tinman22]

I agree with the lawyer. I know this isn't what you wanted to hear but you've gotten good advice.

Return to you home country. Spend a few years working in a skilled role to gain paid work experience, finish a bachelor degree at a minimum (preferably a master's), and also learn French to increase your points and options for immigrating. Then look to apply for PR through an economic immigration program like Express Entry.

Good luck.

Thank you for your vote of confidence, Scylla. But I don't think I would be able to do any of that.

I appreciate all the guidance offered.