departure order and implications

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Subject: departure order and implications
  Hi,

Yesterday i got the borders agency´s decision to issue me a departure order because of inability to fulfill the 730 days requirement in 5 years PR period.

My wife and 3 kids are staying here and they´re in good stand for the PR renewal process. i´ve tried to showcase the need to sustain my PR to allow for family reunion but they rejected this from humanitarian and compassionate grounds that i was betting on.

the following are my concerns that i wish if anybody can provide advices on :
1. Would that affect me getting a visit visa to canada to visit my family ? have anybody been in such scenario before?
2. What should i do to close active gov relations like CRA and MSI and other institutions ..?
3. Would they question my family for their income knowing that their income give the above scenario will be totally dependent on me who is not a Canadian citizen or PR .. ie. Tax impact on this case?
4. The officer told me i can appeal for the case in 37 days.. do you think there is a chance going that way?

Further questions regarding my family´s case:
5. Can my family leave canada after completing 1095 days and applying for citizenship?
6. When they can leave exactly after applying (do they need to receive confirmation from CIC on application acceptance before leaving)?
7. They will get a renewed PR before they canada .. but i can somebody confirm -from his/her experience- that leaving after the citizenship application would affect them in anyway getting the citizenship (ie. they can delay their case, they can reject it and require them to stay in canada..etc)?

I´m so grateful to all who can help and support Smiley
Thanks,

[09-08-2011,15:58]
[***.229.242.59]
Kinan Shamma
(in reply to: departure order and implications)
how would you convince CIC that you would leave the country after visiting your family in the future?

You must be residing in Canada to apply and receive citizenship.

If family reunions were important to you, the insufficient days in Canada would not be an issue for you. That will be a tough fight to win.

[09-08-2011,19:38]
[**.180.239.117]
Sharon
(in reply to: departure order and implications)
1. Chances are it would be difficult for you to get a visitors visa as they will think you are high risk to not rleaving Canada when you are supposed to

2. To close relations with CRA or MSI etc. i suggest you contact those agencies for direction or maybe an accountant for CRA.

3.If they have queries on your families income for whatever reason then they should be able to explain that
along with evidence of how you transmit the funds to them e.g. Western Union, Wire transfer etc.

4. Appeal, since you have that avenue you will never know what the outcome will be until you try. Just ensure that you have a very good explanation as to why you could not fulfil your residential obligation & also reason why they should believe that you will not do the same thing if granted reprieve. My suggestion consult an Immigration Consultant e.g. Roy for advice or a lawyer

5, 6 & 7 was answered by Sharon. To emphasize you are expected to be residing in Canada throughout the citizenship application & if if they suspect or find out otherwise you may be sent to a Citizenship judge to prove your case or worst yet rejected. Considering that you are already under the microscope may also put a flag on your families case so they should not take unnecessary chances.

Hope this helps

[09-08-2011,20:13]
[**.37.244.140]
Anonymous
(in reply to: departure order and implications)
1. Would that affect me getting a visit visa to canada to visit my family ? It may affect.

have anybody been in such scenario before? Many have.


2. What should i do to close active gov relations like CRA and MSI and other institutions ..? Write to them.


3. Would they question my family for their income knowing that their income give the above scenario will be totally dependent on me who is not a Canadian citizen or PR .. ie. Tax impact on this case? Talk to your account. It´s a tax matter.


4. The officer told me i can appeal for the case in 37 days.. do you think there is a chance going that way? It´s your decision.




5. Can my family leave canada after completing 1095 days and applying for citizenship? Yes, they can.

6. When they can leave exactly after applying (do they need to receive confirmation from CIC on application acceptance before leaving)? They can leave after the date of application.


7. They will get a renewed PR before they canada .. but i can somebody confirm -from his/her experience- that leaving after the citizenship application would affect them in anyway getting the citizenship (ie. they can delay their case, they can reject it and require them to stay in canada..etc)? Of course, residence questionaire coming in your way.

[09-08-2011,21:28]
[**.232.244.253]
Anonymous
(in reply to: departure order and implications)
I will keep it short and simple.

You won´t get a visitor´s visa. No way, there is too much risk of you not leaving the country when your permit as a visitor expires.

Appeal what? You were either here or you weren´t, you failed to fullfil a requirement that is very clear, you knew it and you still took the risk plain and simple.

Your wife may sponsor you so you can come back and then fullfil your residency requirement as PER THE LAW.

Your family when the time comes, they should apply for their citizenship and STAY in the country so they don´t miss their exam and/or interview and/or they are able to answer or update their file if necessary.

That same train of thought is what got you out of the country, you should know by now.

You don´t technically appeal the officer´s decision, that is pretty much final, you may only appeal the criteria and evidence that the officer used to come up with the decision. Unless you have something to prove it otherwise, it is a waste of time.

[09-08-2011,22:37]
[**.65.78.3]
DocD
departure order and implications posting (in reply to: departure order and implications)
Thanks to all responded ..

I can see some said it is not allowed to leave after applying for citizenship and others said it is ok as per the law but may subject the case to further investigation which we have no problem with because my family completely satisfied the 1095 days condition and documents can be provided (but i´m worried about the additional processing time on top of citizenship process .. which is 15 months now)

i will apply for the visit visa this week .. i´m hopeful

[15-08-2011,05:37]
[**.158.119.75]
Kinan
(in reply to: departure order and implications)
Kinan, It does not appear that you have any intentions to make Canada home - you are simply looking for passports. To be blunt, I hope you all lose your opportunity for citizenship - you don´t deserve it.
[15-08-2011,06:33]
[**.180.239.117]
Sharon
Intentions (in reply to: departure order and implications)
Sharon, may be i unintentionally gave the wrong message here. our determination and long-term strategy is live-die in Canada believing it is our ultimate destination. I encouraged so many people to immigrate to Canada -permanently- and they are/were good people deserving good life and vice versa.

Even when i gave up my PR, i still consider Canada my country and best place to live and raise generations on. Whatever current situation is, it is temporary and all roads will eventually disembark on Canada.

[13-09-2011,02:19]
[***.229.237.39]
Kinan Shamma
(in reply to: departure order and implications)
long story short"
people got PR, drop off their families here to collect welfare & other benefits, men returned to their native countries to work there. but since 9/11 everything has been changed, not much overseas jobs, so they are coming back and want to cheat CIC for their citizenship.
I think Government should be more tough on these issues. If someone don´t live here or did not live here, then no more future PR for that person............

[14-09-2011,11:20]
[***.206.83.220]
Anonymous
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