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GO2012

Partner Visa Deportation statement- ask to leave a country ?

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I am unsure if one can find out if my partner  is considered as 'asked to leave' a country or simply in transit choose to leave.

When returning to Canada  8 years ago after a stay in the Bahamas she was not permitted to re-enter Canada. This was due that her Canadian multiple entry visa (type: Worker ) issued November 2008 and valid until the February 2012, required her to update her 2-year worker contract which had expired. On being asked by the immigration officer ‘why  she didn’t update the work visa’, she says she was confused as the first entry was 31 December 2008 and the length of stay was still under the 2 years. Whilst there were options to pursue a further extension in Canada, she decided to not risk future rejections and voluntarily opted to leave on 04 December 2010, funding my own travel back to the her homeland the Philippines. Is there any way of checking records or is it just simpler to state asked to leave with the above explanation?

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20 minutes ago, GO2012 said:

I am unsure if one can find out if my partner  is considered as 'asked to leave' a country or simply in transit choose to leave.

When returning to Canada  8 years ago after a stay in the Bahamas she was not permitted to re-enter Canada. This was due that her Canadian multiple entry visa (type: Worker ) issued November 2008 and valid until the February 2012, required her to update her 2-year worker contract which had expired. On being asked by the immigration officer ‘why  she didn’t update the work visa’, she says she was confused as the first entry was 31 December 2008 and the length of stay was still under the 2 years. Whilst there were options to pursue a further extension in Canada, she decided to not risk future rejections and voluntarily opted to leave on 04 December 2010, funding my own travel back to the her homeland the Philippines. Is there any way of checking records or is it just simpler to state asked to leave with the above explanation?

I'm not sure i'm following you. You partner was refused entry and voluntarily departed (this is not deportation) is that correct?


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Sorry, she was holding a multiple entry worker contract visa  for Canada issued Nov2008, expiry Feb 2012, first entering in Dec 2008. After holidaying in Bahamas (Oct-Dec2010) she flew Bahamas to Toronto and on entry was told her work contract was for 2 years and should have been updated. As she didnt realise her visa would be restricted from Nov 2010 and she hadnt extended her work contract further she decided to transit and buy a ticket back to manila and not enter Canada again. Question is ...was this regarded as refused entry and can this be confirmed by writing to the Canadian Immigration?

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4 hours ago, GO2012 said:

Sorry, she was holding a multiple entry worker contract visa  for Canada issued Nov2008, expiry Feb 2012, first entering in Dec 2008. After holidaying in Bahamas (Oct-Dec2010) she flew Bahamas to Toronto and on entry was told her work contract was for 2 years and should have been updated. As she didnt realise her visa would be restricted from Nov 2010 and she hadnt extended her work contract further she decided to transit and buy a ticket back to manila and not enter Canada again. Question is ...was this regarded as refused entry and can this be confirmed by writing to the Canadian Immigration?

Thank you for the clarification.

I can relay a similar incident which is almost identical to yours.

A Thai lady applying for a partner had previously worked on cruise ships that departed/arrived Florida. She had held a US B1/B2 visa for the duration of her contracts over three or four years. Even though her actual time spent in the US was minimal between contracts, she was asked to provide an FBI check. 

When she received the FBI check it had recorded that a 'search of the fingerprints provided by this individual has revealed prior arrest data'. She was then asked by the Department to explain what this related to. At the end of her contract she had decided to have a short holiday in the US, but by virtue of her contract ending her visa did not permit this. When she arrived she was told she could not enter the US and was detained, but voluntarily departed almost immediately. This was not a good position for her to be in as she had answered on the partner visa application that she had never been refused entry to another country. Ultimately the Department accepted the detailed explanations, and she now has her PR in Australia.

I would strongly recommend disclosing the refusal and providing an explanation. As with this example above, she just didn't have the visa that allowed her to enter. Her refusal to enter Canada will not be an issue for her partner visa. However not disclosing it certainly can be.

On a side note, what was the total time she spent in Canada? If it is more than 12 months she will be required to provide a Canadian criminal record check.  


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Thanks, the plan is to be transparent, and honest. She was their the 23 months, so will need to obtain a Canadian criminal record check, along with a Hong Kong, Philippines and Australian check. Thanks again for your advice.

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