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Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

Old Oct 7th 2004, 3:08 am
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Exclamation Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

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

Last edited by TM75; Oct 7th 2004 at 3:11 am.
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Old Oct 7th 2004, 3:34 am
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Default Re: Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

You have hired a lawyer and you want an easier way. Leave as requested and send the proff of departure. You did agree to leave and the visa office wants proof that you did. By (I assume) overstaying even after agreeing to leave you have made it much less likely that you will be permitted to come back without your PR visa.
Originally Posted by TM75
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
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Old Oct 7th 2004, 3:47 am
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Default Re: Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

Thank you for your speedy response.

I agreed to leave at the time of entry as I didnt know any better and assumed I had no alternative. I was advised by my lawyer that I did not have to leave at that time. He applied for an extension to my visitors status and put an appeal through the court, to which I have not received a date.

Everything has been done above board and I have followed every advise he has given me. I am not now being asked to leave, and have not overstayed illegally or anything. I was just wondering if we could contact London, Uk who are requesting the 'proof of departure' and explain the circumstances as I did not leave, in accordance with the legal advise I was given.

With respect, I am not looking for an easier way - simply a second opinion from a respected party such as yourself.

Kind regards,
TM
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Old Oct 7th 2004, 5:16 am
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Default Re: Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

Originally Posted by TM75
Thank you for your speedy response.

I agreed to leave at the time of entry as I didnt know any better and assumed I had no alternative. I was advised by my lawyer that I did not have to leave at that time. He applied for an extension to my visitors status and put an appeal through the court, to which I have not received a date.

Everything has been done above board and I have followed every advise he has given me. I am not now being asked to leave, and have not overstayed illegally or anything. I was just wondering if we could contact London, Uk who are requesting the 'proof of departure' and explain the circumstances as I did not leave, in accordance with the legal advise I was given.

With respect, I am not looking for an easier way - simply a second opinion from a respected party such as yourself.
Kind regards,
TM
You or your lawyer should write to CHC in London and explain your circumstance. When do you expect a reply concerning the extension?
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Old Oct 7th 2004, 9:24 am
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Default Re: Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

the proof of departure is necessary as if you don't have this, an extra application would have to be given to the immigration authorities (owing to the fact that your departure order could be deemed a deportation order if you fail to leave within a certain time frame)
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Old Oct 8th 2004, 1:41 pm
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Default Re: Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

Thank you for your response Mr Humphries.

My lawyer hasnt had a reply re my appeal for an extension in the Federal court, as he says it takes forever to get a date, and by the time my case was due, my application would be finalised.

I went to see my lawyer today with regards to this. I have been told I have 2 choices. Go to the UK and wait for my application to be processed or go to the UK, and come back a week later and try to get into Canada. If I am refused entry, I can seek refugee status.

Please help me as I want to ensure that the legal advise I have been given is correct, and will not harm my immigration application in the long term.

I am very unconfortable lying to the immigration officer, but desperate to stay with my fiance. As I said I take care of his daughter when he is at work at nights, and we've looked into it, but getting someone to take care of her would be near impossible.

Thank you again for your time.

Originally Posted by Jim Humphries
You or your lawyer should write to CHC in London and explain your circumstance. When do you expect a reply concerning the extension?
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Old Oct 8th 2004, 2:02 pm
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Default Re: Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

I am sorry but I cannot give such legal advice. It seems to me that you will eventually have to leave unless you are successful in the court proceeding. That is keeping your overseas application in limbo so no progress there either. You may want to seek a second legal opinion regarding the Federal Court matter and other aspects of your case if you are doubtful about the advice you have received from present counsel.

Originally Posted by TM75
Thank you for your response Mr Humphries.

My lawyer hasnt had a reply re my appeal for an extension in the Federal court, as he says it takes forever to get a date, and by the time my case was due, my application would be finalised.

I went to see my lawyer today with regards to this. I have been told I have 2 choices. Go to the UK and wait for my application to be processed or go to the UK, and come back a week later and try to get into Canada. If I am refused entry, I can seek refugee status.

Please help me as I want to ensure that the legal advise I have been given is correct, and will not harm my immigration application in the long term.

I am very unconfortable lying to the immigration officer, but desperate to stay with my fiance. As I said I take care of his daughter when he is at work at nights, and we've looked into it, but getting someone to take care of her would be near impossible.

Thank you again for your time.
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Old Oct 8th 2004, 3:03 pm
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Default Re: Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

Hi TM

Originally Posted by TM75
Thank you for your response Mr Humphries.

My lawyer hasnt had a reply re my appeal for an extension in the Federal court, as he says it takes forever to get a date, and by the time my case was due, my application would be finalised.

I went to see my lawyer today with regards to this. I have been told I have 2 choices. Go to the UK and wait for my application to be processed or go to the UK, and come back a week later and try to get into Canada. If I am refused entry, I can seek refugee status.

Please help me as I want to ensure that the legal advise I have been given is correct, and will not harm my immigration application in the long term.

I am very unconfortable lying to the immigration officer, but desperate to stay with my fiance. As I said I take care of his daughter when he is at work at nights, and we've looked into it, but getting someone to take care of her would be near impossible.

Thank you again for your time.
If your lawyer told you to claim refugee status if you are refused entry, you better get some good legal advice. If you claim refugee (A Uk citizen has about as much chance as a snowball) you will be issued a removal order, when your claim is turned down, a couple of years down the road, the order will become effective and you will be forced to leave Canada. In the mean time your sponsorship application will go no where.

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Old Oct 8th 2004, 3:17 pm
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Default Re: Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

Thank you so much for your advice. I am very uncomfortable with his advise, however as he is an immigration lawyer and I dont know canadian law, I can only go by what he advises.

This is why this forum is such a valuable resource.

Thank you again.
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Old Oct 8th 2004, 3:21 pm
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Default Re: Urgent help - do I have to leave my fiance/step-daughter until I have my PR card?

Do you know of anyway I can speed up the process of my application from within the UK? I will go back there and await the decision on my immigration as thats what I feel most comfortable with. I am the worlds worst liar and would rather not go down the route I am being advised to go down.

I take care of my fiance's 6 yr old child and its going to be a nightmare for us to find someone to take care of her when I am in the UK. Is there anyway your case can be dealt with faster on compassionate grounds.

I know everyone has a sob story and my case is no more important than anyone elses. I am just trying to limit the damage this is going to have on her.

Thank you again.
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