Return after Exclusion Order |
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LuvCanada
New Member Joined: 03 Feb 2010 Status: Offline Points: 7 |
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Posted: 03 Sep 2010 at 11:37pm |
Hi
How does someone return to Canada after an exclusion order of one year? what is required? do you need an ARC? or can you just return and take up where you left off with the work and place of residence previous ? There does not seem to be alot of information on the rules and regulations in regards to someones return and how to go about it! Thank You to anyone having advise :) |
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pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
1. You need an ARC if you attempt to return within the year. 2. It depends what the exclusion order was for, whether you will be re-admitted or not. |
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PMM
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LuvCanada
New Member Joined: 03 Feb 2010 Status: Offline Points: 7 |
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Thank You for your response...PMM
No..will wait till the year is over and then would like to return. was in canada for 7 years prior and speak good english and had a decent job..the employer will re hire me if I am allowed to return, I also have many friends I can stay with till I get back on my feet again The exclusion order was for a date error and it was considered misrepresention due to that. do u need the ARC to return ? Or can i just return I have the departure certificate that was issued when I left on my own at my own expense too. Hope this helps for a more specific answer as too how i can return. Thank You again for any answers :) |
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pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
As you don't have permanent residence you just can wander back into Canada. You would have to either apply for permanent residence or obtain a Labour Market Opinion from an employer in Canada and then apply for a work permit. If you were previously a permanent resident, the it was lost when you were removed from Canada. |
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PMM
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LuvCanada
New Member Joined: 03 Feb 2010 Status: Offline Points: 7 |
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Thank You so very much PMM you are the first one to give an outline i can follow...Yes i realised i am no longer permanent resident ..but my employer prior to the exclusion order is happy if i return :) but i will be happier to get back too..
i have read about many others that do not really know what the proceedure options are to return, under similar conditions, but you have clearified it for me Thank You again Very Much ! |
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Harmonia
Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609 |
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If you are out of Canada for the year, you should be fine to come back without an ARC.
If your intent is to work here, you will need to apply for a work permit, and depending on the type of work, you employer will need to get the LMO (labour market opinion) from HRSDC. The LMO basically states that your employer has tried to find a qualified Canadian Citizen or PR to fill the job, but that they are unable to find someone of your calibre to meet the requirements of the job.
Note: there are some positions that are not subjected to LMO's.
Once your employer gets the LMO & you get the work permit, you can return. That's *if* CIC doesn't cause you grief for your past 'misrepresentation'. If they don't, you can come back and work - and later on apply for PR status if you so choose.
I'm not 100% sure how the prior removal order will affect you. You left when they asked, and you have proof that you left. My opinion is that this should be fine - but honestly, I have no experience with the gravity of such and order.
Anyone else on the board have removal order experience that can help?
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Citizenship App Sent: December 2012
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Victory
Junior Member Joined: 22 Jun 2010 Status: Offline Points: 105 |
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Hello Luvcanada,
did you have any family in Canada?
And what is a date error on your residency whan you applied for citizenship?
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Victory
Junior Member Joined: 22 Jun 2010 Status: Offline Points: 105 |
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How can they play like that with people's lives?
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LuvCanada
New Member Joined: 03 Feb 2010 Status: Offline Points: 7 |
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No family in Canada but i have friends that are better than family for me We have all stayed in touch almost daily since i had to leave.
Skype is great for that :) My life is in Canada... I was married in Canada that was 6 years ago and all was well till i found out he had another so we went our seperate ways we got divorced and when i went to a lawyer he put a wrong date on my paperwork for seperation date, the lawyer back dated it for the divorce and i did not realise at the time it changed my pr status it was considered misrepresentation...prior to me leaving Canada i found out that lawyer had other shady dealings, he had been reported to the law society ...i had a good job and have many friends... i had a car paid for with insurance and i was buying a small condo which i had to have a friend sell, i also paid my taxes ...it was a heartache to leave...iLuvCanada |
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LuvCanada
New Member Joined: 03 Feb 2010 Status: Offline Points: 7 |
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Maybe i should write a book on it all one day ...it was all like a bad dream to me after 7 years i thought i had proven myself to be an honest hard working person, contributing to society and paid my own way since i had arrived but i was treated worse than a criminal as at least they can ask for a pardon but i was not able to even do that..so i just paid my way to leave.
I just hope i can come back... my previous boss will apply for me as he has not hired anyone for my position.. he is awaiting my return :) |
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