Ordered to leave

Canada Immigration Forum (discussion group)


 
       
Subject: Ordered to leave
  Have a question for you ladies and gentlemen and I will try to keep this as brief as possible.

Ok guys here it comes. I came to Canada almost 7 years ago on study permit. My legal status expired in 2010 and I did not have opportunity to renew it (genuinly because I did not know the process). I ended up sticking around to continue my education and further met a wonderful woman that I fell in love with (we have been together now 2 years and 4 months,its genuine conjugal common-law partnership,shes canadian citizen). For all the years, I have spent in Canada illegally, I have paid income taxes as well as GST (me and my spouse own a small business on her name).

Last december I got detained in a ridiculous situation upon which I was asked if I am a refugee. I said,no, I am not and I am not here to leach off this society, I am a working man with clean criminal record and simply stayed behind because at the time(i was 17) process of application for renewal of my study permit was too confusing for me (new country) and i was in hospital when it expired (severe pneumonia+flu spent a month and half in hospital,didnt know about 90 day extension period for renewal under believable reasoning).

Either way they remanded me and further moved me to jail.CBSA officer who arrested me during our interview said, that he will come visit me in remand centre and provide me with PRRA application. Well it never happened. Then I was promised he will visit me in jail(which again never happened,dont even want to mention as a person who has never done any harm to anyone I was horrified by fact that i am going to jail). Same week, during my first bail hearing, immigration attorney who was arguing against me said I was eligible for PRRA as well and was to provide me with the application as well as leter notifying me that i have X days (at the time didnt know how many) to submit application and X days to send in the proof. Application was given to sheriff who transported me back to jail (granted the bail was granted and was about to be posted). Upon arrival to pen, i requested my paperwork to which the responded that they will give it to me. I kept requesting it every day but it seemed like noone has a clue where it is. Finally when I was let go (bail posted,let go 12 days after initial detainment), when I was signing out my properties (among other things my rosary,wallet etc), they claimed there was no paper work as my property on file.(I am sure they still have file saying things I signed out and things I didnt(obviously signed out everything belonging to me)). I had to check in into immigration office same friday (and have been fully compliant checking in every friday). That same friday (first friday out of jail) I immideately requested an appointment with CBSA officer, to what I received a response that I have yet to be appointed one and to come back next week. Lady at the counter literally forced me into signing exclusion order issued on my name even though I protested and said I dont want to sign any paperwork without retaining a lawyer. However they said I had no options and that this exclusion order, I quote: is nothing and you are likely to stay anyway.

next week, during my check in, I was finally granted information as to who my CBSA officer is and that she is on holidays but they will inform her to call me and set up an appointment. From moment of my release I have requested an appointment with that lady every week as well as left countless voicemails on her phone number. Zero response.

I do not qualify for legal aid, so me and my common-law partner scrambled around to get some cash together and retain a lawyer (given she is currently on long-term disability awaiting her surgery to go back to work and I am only source of income for our household). Finally we setted ourselves on one particular lawyer(if you noticed I am not mentioning any names or any exact dates,mainly due to the fact that I am afraid it may be used against me in the court)

A week before last week I checked in as usual and had no problems. Last week all of the sudden I had some gentleman take my picture,fingerprints,weight,height and etc and say that its for immigrational purposes.

He said that I am to leave Canada on 27th of the month (since immigration purchased me ticket) and that I SHOULD HAVE RECEIVED a letter stating I was to show up in the officer before 15th of the month with ticket and intenerary. Letter was Issued as of 28th of january and I was supposed to purchase the ticket and show it on 1st of February. I says WTF(not literally) i never received no letter (as it turns out letter comes in 2 weeks late,but they obviously dont care). Even if I did receive the letter, appearantly I was to purchase the ticket within three days which would cost me approximately 3k given where I am being excluded to.

Either way i relay this situation to him and kindly ask him to grant me an extension. He gives me benefit of the doubt and after reviewing my file claims that attorney for immigration has a written affadavit attached to my file that I was provided PRRA application during my first bail trial and that its really not their problem if sheriff or jail or anyone else seized it and i should take it out with them. Otherwise if I dont like it, I can take it up with them in federal court.

I couldnt grasp the idea, that one government official doesnt care that other government official screwed up,never mind that, I obviously believe this was BOTCHED badly by CBSA on first place (how do I keep requesting appointment for A MONTH and keep getting ignored).

Either way I contacted my lawyer immidiately and relayed him the story. He said to apply for both sponsorship and PRRA(anyway)(on basis of belief of me to be persecuted in muslims country on religious,political and racial basis) right away. I am sending applications in tomorrow. I am not entirely sure what his next plan of actions is. Is he advicing me to fill this applications and send them in in order to obtain some type of extension for me in federal court or?

How likely is it, that I will receive some type of answer from immigration officials in order to suspend my removal from Canada for at least meanwhile?

Will judge review the fact that it was AT LEAST a miscommunication between immigration and judical officialsÉ

On a side note, its ironic. I feel like I got screwed here big time. Sure there are laws and we are the ones to obey them. But I see scum cross the border every day, obtaining every type of status they want, commit crimes and yet still be left in Canada. Sure, I am not the one to pass the judgement and they say dont judge and you should not be judged. I guess working,paying taxes,commiting no crimes and being bi-lingual is not good enough these days. I feel like I am getting scapegoated.

Any answers would be appreciated.

Regards


[11-02-2013,06:08]
[***.161.29.200]
Marco
(in reply to: Ordered to leave)
It certainly sounds like the right processes weren´t followed for your case. Hope your lawyer / consultant is able to help.

Some advice you probably don´t want to hear: You need to own up to the fact that you have committed illegal acts. The "it´s not my fault" bit won´t sit well with a judge. You remained in Canada illegally after your status expired, worked illegally and went to school illegally. These are crimes. Ignorance of the process is not an excuse. Neither is the illness. You are asking CIC to take responsibility for messing up your case - this is a completely reasonable request and I hope you see results. However you also need to take responsibility for the things you´ve done to mess up your life and put yourself in this situation to begin with.

[11-02-2013,08:25]
[***.205.241.253]
Anonymous
(in reply to: Ordered to leave)
Hi Anonymous.

Thank you for your response.

By all means I admit my fault and take up on my responsibilities. However, I believe even as someone who broke the law i possess limited number of rights (and I know its limited due to my status). I am simply requesting them, thats all.

Regards and hope you are having a good day.

[11-02-2013,11:51]
[***.161.29.200]
Marco
Ordered To Leave (in reply to: Ordered to leave)
You´re kidding!
[11-02-2013,15:37]
[***.238.80.239]
DP
(in reply to: Ordered to leave)
If you are being sarcastic (as to me being illegal and yet demandign some rights),then thank you for your input.

If you are being ironic (as in you have faced government beaurocracy previously and I should have known better), then thank you for your input yet again.

However,if you are truely amazed by this situation, yes, I kid you not,everything relayed to you in my initial post is truthful information that I am willing to confirm under oath.

[11-02-2013,16:07]
[**.72.69.108]
Marco
Ordered To Leave (in reply to: Ordered to leave)
You see "scum crossing the border every day committing crimes and yet still being left in Canada" Are these people you know personally? because I don´t know anybody like this and I have lived in Canada for 50 years.

You lived here for 7 years and didn´t have an opportunity to renew your study permit because you didn´t know how? bs

You feel you have rights because you have been living and working in Canada illegally.

You are right, I am truly amazed by this situation and cannot figure out why you are still here. You have alot of nerve coming on a site like this an admitting this crime when there are honest people awaiting sponsorship decisions and supporting their spouses (WHO CANNOT LEGALLY WORK IN CANADA AND DON´T BREAK THE LAW)

[12-02-2013,12:02]
[***.238.80.239]
DP
(in reply to: Ordered to leave)
Thank you for your response. I have learned long ago not to argue against someone who is determined to bash you.

Yes,city I am currently in,you see a lot of it and no,fortunately for myself I dont know anyone.

I dont feel like, I have any rights, I am simply pointing out to rights provided to me by regulations of government for scenarios like these.

I didnt know working and paying taxes is a crime. If someone worked illegally and didnt pay something,now thats real crime. Coming here as refugee and committing drug trafficking,manslaughter etc,now thats a crime.

But I guess they are here legally right?.

I am not going to get involved on this arguement. You feel like I am a criminal when my crime is minimal. I am not saying I dont admit to it, I am simply requesting an advice as to given situation. However if you feel like posing everyone else like an angel and me like a criminal and immideate threat to society, you feel free to do so.

[12-02-2013,12:13]
[***.161.29.200]
Marco
Ordered To Leave (in reply to: Ordered to leave)
You keep convincing yourself that you are doing no wrong and we will see how far it gets you.

I can´t wait for you to take that arrogant attitude of yours into a federal court and tell them how the CIC wronged you by letting you work illegally in Canada for as long as they did.

By the way I am not "posing everyone else like and angel and you like a criminal, you are all criminals.




[12-02-2013,14:25]
[***.238.80.239]
DP
(in reply to: Ordered to leave)
Thanks again for your output.

And if you say so. I am not arrogant at all. Not for a second. I have a feeling you tore out pieces and bits out my story to show me in a bad light.

I have been contributing to this economy (YES,good morning,TAXES) and i never commited any act of violence towards any canadian citizen or anyone else in my life. I have donated plenty of money around starting with cancer foundations and finishing with all types of salvation armies and etc.

Not to mention I trained and apprenticed legal canadian citizens, I ve given them jobs (employed 6 at a time) and I have given them knowledge.

now you ask yourself, what you given for 50 years of life your life as legal citizen in this Blessed Country?

Let me know when you figure this out and thanks a lot again. I guess compassion and advice does come a little expensive these days,people like you are simply heartless. But i dont care.

That is all I have to say.

[12-02-2013,14:52]
[***.161.29.200]
Marco
Ordered To Leave (in reply to: Ordered to leave)
Have a safe flight home.
[12-02-2013,17:40]
[***.146.76.206]
Anonymous
(in reply to: Ordered to leave)
Wow .." you are all criminals"
Dp. Did you get your medication today ..?!
Go get your medication my brother you are not filling good..

[12-02-2013,19:24]
[**.198.65.30]
Il clandestino