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| Subject: Urgent help - do I have to leave Canada? |
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Hi,
Any advise on this would be greatly appreciated.
I have been living in Ontario with my Canadian fiance since May 2003. Prior to that I had been coming over here, and staying as a visitor - entending my visitor status through the Case Processing office as required.
Last September when we were coming across the border from New York State, I was told I was only allowed to enter Canada for 2 weeks as the officer wasnt convinced I would leave Canada. He gave me a VISA for 2 weeks and a Voluntary Departure Confirmation form which I was supposed to get stamped when I left the country. My fiance had to pay $1000 cash bond before they would even let us in. I immediately contacted a lawyer in TO and he appealed this on my behalf, and submitted my immigration application under the Skilled Workers category as a) I fully met the criteria for immigration under that category and have a valid job offer and b) my fiance and I had not been living together for a year hence I did not meet the criteria for a common-law sponsored application.
I received my file number and everything appeared to be being processed in London, UK. However, I received a letter yesterday requesting that I send them ´proof of [my] departure from Canada´. They sent it to me at our address IN Canada and I have never claimed to have left. My lawyer is advising me to ´simply´ leave canada, get the form stamped, and he will send it to them.
I am scared to leave Canada as I dont think I will get back in, and will have to stay in the UK until my application has been completed and I have my card. We have joint custody of his 6 yr old daughter and I am a primary care given to her. I cant imagine living away from them until my PR card arrives, which could take who knows how long..
He advises going to the UK for a few weeks, then coming back in and stating at customs that I am just ´visiting my fiance´. Maybe its me, but I cant see anyone believing that I will leave after two weeks. Then he will appeal that and I can stay until my application is complete.
I was wondering if there is anything I can do to save me having to leave? Should I change my application to that of a sponsored common-law application even though my application as a skilled worker is in progress and meets all the criteria?
PLEASE help. I have 90 days in which to send London the documentation.
Many thanks
[08-10-2004,00:10]
TM |
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(in reply to: Urgent help - do I have to leave Canada?)
Follow the advice of your lawyer
[08-10-2004,02:03]
Anonymous |
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