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| Subject: Assaulted by Canadian immigration officer! |
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I´m from Washington State, right near the Canadian border. My girlfriend got a working holiday visa in Canada, since it seemed the easiest way to be with her.
I spent about 8 months of the last year in Canada (with frequent trips back home), since I can run my business over the telephone and internet. I checked the laws, and this is completely legitimate as long as I don´t work illegally, study illegally and leave at the end of the authorized period.
Immigration has been hassling me for a while, grilling me for an hour everytime I go in and issuing visitor records. Suddenly one night I got a lady who was in a really pissy mood that called me an "immigrant without a visa" and denied me entry. I have a feeling she put some really nasty notes in the computer record, but I´m still waiting for it.
I checked the law, and the amount of time I´ve spent visiting Canada legally in the past is no basis for inadmissibility. The only sticky part is making them comfortable that I´m going to leave at the end of each stay.
Coincidentally, I had just gotten accepted into a business school, and applied for a study permit the next week.
I had all the documents together reccomended by the CIC website. The initial officer to deal with my case was really nice and told me I just need one more document from the school with licensing information.
I came back through the Peace Arch around 10pm with the requested document. My girlfriend was travelling with me. The senior officer viewed the previous computer record and said he doesn´t believe a word I say and thinks I´m making the whole thing up. He told me that if I attempt to enter Canada again, they will issue an exclusion order.
I then pulled out a copy of the "Immigration And Refugee Protection Act" and asked him to explain how I fail to meet the criteria. He said "Get out of here now!" I said "Sir, I feel like your decision has no legal basis."
He walked around the counter, pinned me at the neck, hand-cuffed me, and threw me in a holding tank for about 30 minutes.
He then proceeded to threaten and intimidate my girlfriend saying that if they catch her travelling with me again she´ll be charged with harboring an illegal immigrant and deported. He also told her that if she goes South to visit me, she won´t be readmitted to Canada.
There is no explanation for this other than to malicous intimidation and control.
After 3 officers pinned me down on the floor and twisted my arms to take off the cuffs, he told me that if she goes back with me she´ll never be allowed back in Canada. I tried to make plans to have a friend pick her up, but he threatened to arrest me again if I didn´t leave immediately. He refused to tell me his badge number.
She got back in the next day with no problem, but is still really shaken up. I know I can´t let him do this to other people and am wondering the best channels to file a complaint.
Also, does anybody know how to challenge the computer records? I´d really like to get rid of the red box that always flags me to talk to immigration.
Thanks for any suggestions!
- Colin
[29-11-2005,01:54]
[**.117.226.145]
Colin |
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(in reply to: Assaulted by Canadian immigration officer!)
Oh boy. That seemed to be a nasty incident. I would consult a lawyer first.
[29-11-2005,02:05]
[**.42.20.216]
Anonymous |
(in reply to: Assaulted by Canadian immigration officer!)
and what did you REALLY say to the officer?
8/12 months a year would suggest to me that you are attempting to reside in Canada. Working in Canada (and not paying Canadian taxes) is illegal - regardless of what sort of work it is.
Your girlfriend has temporary status in Canada and has no right to give you sanctuary. (that is what it is called)
you get a student visa by applying through CIC not arriving at the border 5 minutes before you want to cross.
I would check with an immigration lawyer - I think you may discover that you have messed up in several aspects.
[29-11-2005,02:15]
[***.20.170.23]
Sharon |
(in reply to: Assaulted by Canadian immigration officer!)
Thanks for your reply Sharon. I´m definitely going to seek out a lawyer. The only challenge is that most lawyers I talk to are used to simply processing immigration cases, and aren´t familiar with these aspects.
Here´s the research I´ve done:
From the Immigration and Refugee Protection Regulations:
"179. An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national
(a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;
(b) will leave Canada by the end of the period authorized for their stay under Division 2;
(c) holds a passport or other document that they may use to enter the country that issued it or another country;
(d) meets the requirements applicable to that class;
(e) is not inadmissible; and
(f) meets the requirements of section 30." [not doing any unauthorized work or study]
My interpretation is that the amount of time I spend in Canada is irrelevent as long as I leave by the end of the authorized period. (Although it seems very obvious that most officers have a different interpretation.)
I have friends who have renewed visitor visas for as long as 18 months with no problem.
As for working, I have an American company, I pay taxes in the US, and CIC guidelines specifically allow for telecommuting... as long as it is incidental to my purpose for visiting Canada.
I haven´t put in an immigration application because honestly I don´t know if I want to stay there long term.
The problems seems to be that most officers operate on their personal opinion rather than the law, which explains why everyone seems to give a different answer.
[29-11-2005,04:28]
[**.117.226.145]
Colin |
(in reply to: Assaulted by Canadian immigration officer!)
you get a student visa by applying through CIC not arriving at the border 5 minutes before you want to cross.
If your course is less then 6 months you don´t need a studnet Visa.
[29-11-2005,04:40]
[***.253.42.58]
Anonymous |
(in reply to: Assaulted by Canadian immigration officer!)
Seems to me like you not only have immigration issues, you might potentially also have tax issues. Living and doing business while staying in Canada for eight months a year while paying taxes only in the US is at best a grey area, at worst simply illegal.
And what exactly is a working holiday visa anyway?
[29-11-2005,13:14]
[**.229.196.223]
typo |
(in reply to: Assaulted by Canadian immigration officer!)
what you interpret is irrelevant. Admission to Canada is at the discretion of the officer. period. You have no rights at that moment. Why would you have a copy of the Refugee act in your car???? A map, yes... refugee act!????
I would see a lawyer and determine what you can and can not do. how to resolve the mess that is now waiting for you every time you go to the border.
good luck.
[29-11-2005,13:17]
[***.20.170.23]
Sharon |
(in reply to: Assaulted by Canadian immigration officer!)
Colin - you need to consult a lawyer.
I agree with what is said above, you can´t just show up at the Border to obtain you visa and entry into Canada is at the Officer´s discretion - not a right (unless you are a Canadian Citizen).
[29-11-2005,13:56]
[**.128.30.27]
ME |
(in reply to: Assaulted by Canadian immigration officer!)
Sharon, you´re a bit sided with immigration - do you by any chance work for them?... Colin has a right to visit Canada at any time, as long as he/she reports back every 6 months. He/she works for an American company and that´s totally legal. As long as he/she does not work for a Canadian company, I don´t see what the problem is. Colin, you definitely should see a lawyer - doesn´t have to be an immigration lawyer. Remember, never have any kind of friction with immigr. people. That just has a snowballing effect.
[29-11-2005,14:36]
[**.54.43.132]
catocan |
(in reply to: Assaulted by Canadian immigration officer!)
Whatever the merits of the original poster´s case - and it certainly isn´t as cut and dried as he makes it out to be - to claim he has a *right* to enter Canada at any time is simply untrue.
Yes, the US and Canada share strong business links and there is a lot of cross-border movement, but a lot of citizens of both countries are turned back at border crossings EVERY DAY.
I´m not sure how much you follow of news reports, but there has been a gradual tightening of controls at the border over the last year or so, and it will get progressively more stringent once all the 9/11 recommendations have been put in place.
[29-11-2005,14:58]
[**.229.196.223]
typo |
(in reply to: Assaulted by Canadian immigration officer!)
Excerpted from the CIC website:
"Visiting Canada: Examination on Entry
When you arrive in Canada, an officer from Citizenship and Immigration Canada (CIC) will speak to you about your visit. You will not be allowed into Canada if you give false or incomplete information, or if you do not satisfy the officer you are suitable for entry into Canada.
You may not work in Canada or go to school without permission. You will be asked to leave Canada if you work or study without permission.
Officers from CIC will have to take enforcement action against any person who does not respect the conditions of their visit to Canada. Persons who are not allowed into Canada or who are asked to leave have the right to an impartial hearing to review the decision."
Check this against the original post, and you´ll see there´s at least a couple of points against which entry can be refused ("if you do not satisfy an officer you are suitable for entry", and "working without permission"). Grey areas perhaps, but ones that you need to get legal help with.
On the bright side, you can ask for an impartial review as specified in that last paragraph.
[29-11-2005,15:17]
[**.229.196.223]
typo |
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