help! in a complicated situation

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ejiem3

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help! in a complicated situation
« on: October 19, 2017, 11:15:59 AM »
once my PR application gets approved, can i then come back in the country?
« Last Edit: November 29, 2017, 07:10:44 PM by ejiem3 »

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Riley Haas

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Re: help! in a complicated situation
« Reply #1 on: October 19, 2017, 12:03:40 PM »
Hi there,
I'm sorry to say this question is a bit above my pay grade. I would recommend speaking to an immigration professional, such as one of our Regulated Canadian Immigration Consultants, especially about any concerns you have about deportation. But let me try to give you some guidance:
  • I really don't know why they'd give you only a month for visitor status. Presumably they know you applied for PR and they know how long that takes. But much of this depends upon how long you were here on your work permit. If you were here quite a long time, I guess it's conceivable they wouldn't want to give you much more time here. Unfortunately we won't know until you get a response.
  • If they reject your status restoration request they will not issue a deportation order immediately. First, you get a departure order. I believe you have something like 30 days to comply with it (though that is a question for a consultant). If you are issued a departure order, I believe that, as long as you comply with it, there's nothing to prevent you from returning to Canada in the future, FYI.
  • Yes, if they reject your status restoration request and ask you to leave, it's likely because they want you to wait out the PR application process at home. If they grant you the request, it's probably a fair assumption that they did so to let you stay in Canada while your application is in process (depending, of course, on how long you are granted visitor status).
I hope I was somewhat able to answer your questions but I would like to emphasize that you are in a complicated situation and you shouldn't rely on answers on public internet forums. I would strongly suggest speaking to a consultant or lawyer about your situation to both allay your fears and to figure out your best course of action, should you receive a departure order.

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Riley Haas

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Re: help! in a complicated situation
« Reply #2 on: October 20, 2017, 10:33:30 AM »
Hi again,
Why would you lose any of that stuff? Is any of it conditional on your status in Canada? If it is, then I guess it would be in danger but, otherwise, it would not be. None of it. Unless I'm missing something here. I strongly suggest you speak to an immigration consultant or lawyer to allay your fears.

Also, I think you might want to read what I wrote again. I don't know what I wrote that convinced you that you would lose everything. Even in the off chance that you are issued a departure order, this departure order will not cause you to lose all your assets. Please speak to an expert as soon as you can.


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Riley Haas

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Re: help! in a complicated situation
« Reply #3 on: October 23, 2017, 10:12:22 AM »
Hi again,
I'm sorry if I wasn't clear. Immigration jargon can be very confusing. If, and only if, your request to extend your status is rejected, you may be issued a "departure order." A departure order is not a deportation order. I cannot stress that enough. A departure order does not become a deportation order until you fail to comply with the departure order. The consequences of the departure order are much less dire. My understanding is that you would be able to come back to Canada, provided you comply with the departure order in the stated amount of time, and keep a record of your compliance, when you were granted PR (or, alternatively, if you applied for a new visa before that time). So, my understanding (not a lawyer) is that you will not be deported immediately. However, to make sure I'm correct, you should really speak to someone.

Immigroup, the company that runs this forum, charges CAD$150 for the consultation that lawyer would charge you CAD$600 for. Unlike lawyers, immigration is all we do and so we're more specialized. Moreover, when you speak to a lawyer, you're not necessarily speaking to someone who works on cases every day. Our consultants personally handle all our cases so if you did decide to retain, you will be working with the same person who gave you the consultation.

From what you've told me, you're not doomed. Please speak to an expert so they can allay your fears.

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Riley Haas

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Re: help! in a complicated situation
« Reply #4 on: November 07, 2017, 10:24:46 AM »
I'm sorry to say that's a question for a lawyer or consultant. I don't know the answer. I believe complying with the departure order shouldn't impact your PR application (whereas not complying with it would definitely affect the application) but I don't know for sure. I don't think you would be issued a departure order since you are applying for PR but I do not know if that's true or not.

 

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