Help! Family split over an exclusion order...
Oct 15th 2002 | 2:05 pm
#1
Thread Starter
Account Closed
Joined: Oct 2002
Posts: 7
Help! Family split over an exclusion order...
Hi everyone,
First post here - but need your help, badly.
I am an Australian citizen who first came to Canada in 1998 as a visitor at the age of 18. I came to Montreal and loved the place - and I had found a partner, an American citizen, who worked in the US but also liked to visit. We formed a relationship and my partner helped support me while I looked for schools and decided what I was going to do. We rented an apartment in Montreal where I stayed pretty much all the time, and soon after my partner spent a lot of time there too, managing the US company long-distance (which was fine).
During this time we had an addition to the "family"... a kid 15 years old, who was a close friend of mine and whose family was abusive. Instead of putting him in a foster home, the social workers decided his best chance was to stay with us So he was palced with us as his guardians, and 18 months later we are still together. We love each other incredibly... to him I am his big brother/father-figure, and to me he's little-brother/son in every way. We are a family in every way except blood.
Unfortunately I accidently overstayed a visitor's visa - they sent a letter of rejection to an extension request, which never arrived, and by the time I found out I was on overstay. Took a year to get that sorted out and commuted to a departure order in the courts, but it was done in January 2002. I was in Canada for the duration, but left and then re-entered as a visitor to satisfy the conditions of the departure order - something which the immigration judge had said was acceptable for me to do.
Unfortunately I had more troubles. I applied for a CSQ in the Mexico City mission as a Skilled Worker, and in March 2002 went for my interview. It was refused due to lack of work experience (splitting hairs about the time spent). On my return to Canada from Mexico, I ran into a very hostile POE officer who saw my resumes and documents I had brought with me for the interview, and claimed that I was "obviously" intending to work in Canada. He issued me with an exclusion order.
So I had to leave. I went to New Zealand and found work as IT Manager of a large company. I send money home every paycheck to help out my family, and we stay in touch every day. But the separation is killing all of us... both me and my little brother are horribly depressed that I am not even allowed to visit him... he isn't allowed to visit me as Social Services won't let him. To say nothing of my partner.
I have an application for a CSQ in again, and am confident that I will pass this time, but the processing is likely to take a very long time.
So I want to know if there's any chance, now that 7 months have gone by, that I can appeal to get the exclusion order removed... so that I can come back, just as a normal visitor, just to visit my family so I can be with them through the holidays.
Any suggestions?
Thanks...
Tygyrtoo
First post here - but need your help, badly.
I am an Australian citizen who first came to Canada in 1998 as a visitor at the age of 18. I came to Montreal and loved the place - and I had found a partner, an American citizen, who worked in the US but also liked to visit. We formed a relationship and my partner helped support me while I looked for schools and decided what I was going to do. We rented an apartment in Montreal where I stayed pretty much all the time, and soon after my partner spent a lot of time there too, managing the US company long-distance (which was fine).
During this time we had an addition to the "family"... a kid 15 years old, who was a close friend of mine and whose family was abusive. Instead of putting him in a foster home, the social workers decided his best chance was to stay with us So he was palced with us as his guardians, and 18 months later we are still together. We love each other incredibly... to him I am his big brother/father-figure, and to me he's little-brother/son in every way. We are a family in every way except blood.
Unfortunately I accidently overstayed a visitor's visa - they sent a letter of rejection to an extension request, which never arrived, and by the time I found out I was on overstay. Took a year to get that sorted out and commuted to a departure order in the courts, but it was done in January 2002. I was in Canada for the duration, but left and then re-entered as a visitor to satisfy the conditions of the departure order - something which the immigration judge had said was acceptable for me to do.
Unfortunately I had more troubles. I applied for a CSQ in the Mexico City mission as a Skilled Worker, and in March 2002 went for my interview. It was refused due to lack of work experience (splitting hairs about the time spent). On my return to Canada from Mexico, I ran into a very hostile POE officer who saw my resumes and documents I had brought with me for the interview, and claimed that I was "obviously" intending to work in Canada. He issued me with an exclusion order.
So I had to leave. I went to New Zealand and found work as IT Manager of a large company. I send money home every paycheck to help out my family, and we stay in touch every day. But the separation is killing all of us... both me and my little brother are horribly depressed that I am not even allowed to visit him... he isn't allowed to visit me as Social Services won't let him. To say nothing of my partner.
I have an application for a CSQ in again, and am confident that I will pass this time, but the processing is likely to take a very long time.
So I want to know if there's any chance, now that 7 months have gone by, that I can appeal to get the exclusion order removed... so that I can come back, just as a normal visitor, just to visit my family so I can be with them through the holidays.
Any suggestions?
Thanks...
Tygyrtoo
Oct 17th 2002 | 9:06 am
#2
Guest
Posts: n/a
Re: Help! Family split over an exclusion order...
Contact the Canadian High Commission in Sydney (there is no visa office in
New Zealand)
(see http://www.cic-
.gc.ca/english/offices/missions/sydney.html for address
and tel details) to apply for a Temporary Resident Permit and to ask for the
written authorization you need to return to Canada before the 5 months are
up.
You may also ask your partner in Canada (or any other authorized person you
may designate) to obtain a copy of your FOSS file (your electronic
Immigration File) through the Privacy Act before applying to be sure you
know what is on that file, unless you are reasonably confident you do know.
Tim Morson
Morson & Associates
www.morson.ca
"Tygyrtoo" wrote in message
news:444921.1034733937@britishexpats-
.com...
> Hi everyone,
> First post here - but need your help, badly.
> I am an Australian citizen who first came to Canada in 1998 as a visitor
> at the age of 18. I came to Montreal and loved the place - and I had
> found a partner, an American citizen, who worked in the US but also
> liked to visit. We formed a relationship and my partner helped support
> me while I looked for schools and decided what I was going to do. We
> rented an apartment in Montreal where I stayed pretty much all the time,
> and soon after my partner spent a lot of time there too, managing the US
> company long-distance (which was fine).
> During this time we had an addition to the "family"... a kid 15 years
> old, who was a close friend of mine and whose family was abusive.
> Instead of putting him in a foster home, the social workers decided his
> best chance was to stay with us So he was palced with us as his
> guardians, and 18 months later we are still together. We love each
> other incredibly... to him I am his big brother/father-figure, and to
> me he's little-brother/son in every way. We are a family in every way
> except blood.
> Unfortunately I accidently overstayed a visitor's visa - they sent a
> letter of rejection to an extension request, which never arrived, and
> by the time I found out I was on overstay. Took a year to get that
> sorted out and commuted to a departure order in the courts, but it was
> done in January 2002. I was in Canada for the duration, but left and
> then re-entered as a visitor to satisfy the conditions of the departure
> order - something which the immigration judge had said was acceptable
> for me to do.
> Unfortunately I had more troubles. I applied for a CSQ in the Mexico
> City mission as a Skilled Worker, and in March 2002 went for my
> interview. It was refused due to lack of work experience (splitting
> hairs about the time spent). On my return to Canada from Mexico, I ran
> into a very hostile POE officer who saw my resumes and documents I had
> brought with me for the interview, and claimed that I was "obviously"
> intending to work in Canada. He issued me with an exclusion order.
> So I had to leave. I went to New Zealand and found work as IT Manager of
> a large company. I send money home every paycheck to help out my family,
> and we stay in touch every day. But the separation is killing all of
> us... both me and my little brother are horribly depressed that I am not
> even allowed to visit him... he isn't allowed to visit me as Social
> Services won't let him. To say nothing of my partner.
> I have an application for a CSQ in again, and am confident that I will
> pass this time, but the processing is likely to take a very long time.
> So I want to know if there's any chance, now that 7 months have gone by,
> that I can appeal to get the exclusion order removed... so that I can
> come back, just as a normal visitor, just to visit my family so I can be
> with them through the holidays.
> Any suggestions?
> Thanks...
> Tygyrtoo
> --
> Posted via http://britishexpats.com
New Zealand)
(see http://www.cic-
.gc.ca/english/offices/missions/sydney.html for address
and tel details) to apply for a Temporary Resident Permit and to ask for the
written authorization you need to return to Canada before the 5 months are
up.
You may also ask your partner in Canada (or any other authorized person you
may designate) to obtain a copy of your FOSS file (your electronic
Immigration File) through the Privacy Act before applying to be sure you
know what is on that file, unless you are reasonably confident you do know.
Tim Morson
Morson & Associates
www.morson.ca
"Tygyrtoo" wrote in message
news:444921.1034733937@britishexpats-
.com...
> Hi everyone,
> First post here - but need your help, badly.
> I am an Australian citizen who first came to Canada in 1998 as a visitor
> at the age of 18. I came to Montreal and loved the place - and I had
> found a partner, an American citizen, who worked in the US but also
> liked to visit. We formed a relationship and my partner helped support
> me while I looked for schools and decided what I was going to do. We
> rented an apartment in Montreal where I stayed pretty much all the time,
> and soon after my partner spent a lot of time there too, managing the US
> company long-distance (which was fine).
> During this time we had an addition to the "family"... a kid 15 years
> old, who was a close friend of mine and whose family was abusive.
> Instead of putting him in a foster home, the social workers decided his
> best chance was to stay with us So he was palced with us as his
> guardians, and 18 months later we are still together. We love each
> other incredibly... to him I am his big brother/father-figure, and to
> me he's little-brother/son in every way. We are a family in every way
> except blood.
> Unfortunately I accidently overstayed a visitor's visa - they sent a
> letter of rejection to an extension request, which never arrived, and
> by the time I found out I was on overstay. Took a year to get that
> sorted out and commuted to a departure order in the courts, but it was
> done in January 2002. I was in Canada for the duration, but left and
> then re-entered as a visitor to satisfy the conditions of the departure
> order - something which the immigration judge had said was acceptable
> for me to do.
> Unfortunately I had more troubles. I applied for a CSQ in the Mexico
> City mission as a Skilled Worker, and in March 2002 went for my
> interview. It was refused due to lack of work experience (splitting
> hairs about the time spent). On my return to Canada from Mexico, I ran
> into a very hostile POE officer who saw my resumes and documents I had
> brought with me for the interview, and claimed that I was "obviously"
> intending to work in Canada. He issued me with an exclusion order.
> So I had to leave. I went to New Zealand and found work as IT Manager of
> a large company. I send money home every paycheck to help out my family,
> and we stay in touch every day. But the separation is killing all of
> us... both me and my little brother are horribly depressed that I am not
> even allowed to visit him... he isn't allowed to visit me as Social
> Services won't let him. To say nothing of my partner.
> I have an application for a CSQ in again, and am confident that I will
> pass this time, but the processing is likely to take a very long time.
> So I want to know if there's any chance, now that 7 months have gone by,
> that I can appeal to get the exclusion order removed... so that I can
> come back, just as a normal visitor, just to visit my family so I can be
> with them through the holidays.
> Any suggestions?
> Thanks...
> Tygyrtoo
> --
> Posted via http://britishexpats.com
