Immigration Lawyer

Deportation

Immigration Lawyer

Deportation

As a foreign national, it can be stressful to face a removal order. Any person who is not lawfully allowed to stay in Canada can be deported or sent back to their home country. Once you receive a deportation order issued by the Immigration, Refugees, and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA), it is a must that you leave the country.

To understand what choice you have, you must understand the various reasons leading to aremoval order’.

In what circumstances can you receive a removal order?

A Removal order is issued:

If, after your immigration hearing, the Immigration Appeal Division (IAD) or the Immigration Division (ID) decides you should be removed from Canada.
Once you submit a refugee claim, a removal order is automatically issued. If your refugee claim is denied, your removal order gets active.
During your immigration examination, if you fail to meet any legal requirementsneeded for your stay in Canada, you will be issued with a removal order.

If you have been given an order of removal, it is crucial that you understand which type of order is issued, the consequences of your stay, and if you can appeal the decision.

What are the types of Removal Order?

There are three types of removal order issues by the IRCC or CBSA.

1. Departure Order

You must leave within 30 days after the order is issued.
It is necessary to inform CBSA before your departure at the port of exit.
If the conditions are not met,your departure order will become a deportation order. This will challenge your reentry to Canada, and it is possible to re-enter by obtaining Authorization to Return to Canada (ARC).

2. Exclusion Order

You will be barred from entering Canadafor a period depending on the reason ofremoval. One year is the smallest gap for re-entering.
If you want to return before the completion of one year, then you must apply for ARC.
If your exclusion order was issued for misrepresentation, you cannot re-enter for five years.
You must repay the cost of your removal if CBSA paid for it.
It is necessary to inform CBSA before your departure at the port of exit.

3. Deportation Order

If you receive a deportation order, then you will be barred from re-entering Canada until you apply for Authorization to return to Canada (ARC).

In all the removal orders, it is must that you leave the country, as you cannot legally be in Canada, until you have made an appeal. It is recommended to seek guidance of an Immigration lawyer to understand if you can make an appeal for your removal.

Are you eligible to appeal your removal order?

You can appeal your removal order if you are:

A permanent Resident of Canada
An individual who is a convention refugee or a protected person
A foreign national who has a permanent Visa.

Who cannot appeal a removal order?

You are not eligible to appeal, if you are found inadmissible to Canada for any of the following reason:

If you have served prison sentence in Canada for 6months or more.
If you have committed any crime abroad, which is punishable with 10 year or more under the Canadian law.
If you have been part of any organized crime like, money laundering or people smuggling.
If you seem to be a national threat.For example, involved with overthrowing the government or part or terrorism.
If you have been found violating international or human rights such as, involvement in war crimes.

How can our Immigration Lawyers help you?

The process of deportation or appeal for deportation comes with a lot of legal complication that causes emotional strain. Many individuals are unsure of the right available and the likelihood of the success for appeal.

AT Nanda & Associates Lawyers, our immigration lawyers are experienced with appeal of deportation order or request stay of removal. We here to guide you through every step ensuring best chances of your success. To let us help you call us at 905-405-0199 now!

Frequently Asked Questions

1. What happens if you fail to appear for removal?

If you fail to appear, then CBSA will issue a Canada-wide warrant arrest for you. If you get arrested, you will be detained in a holding facility or in a provincial correctional facility. This is done to ensure that people do not try to evade the removal order and that the order is obeyed.

2. Can a Canadian Citizen be deported from Canada?

No, as Canadian citizens cannot be deported from Canada. Deportation applies to people holding permanent residence, foreign nationals, or temporary residents. If these individuals are found to be involved in criminal activities or involved in violating immigration law, then they are deported.

3.How to get someone deported from Canada?

There is a certain procedure for someone deported from Canada. The deportation is initiated by CBSA and deports someone for various reasons. You can report to CBSA:

If you find that someone is violating the immigration laws,
if you find anyone engaging in any criminal activity,
if any individual is committing fraudulent activities or has misrepresented in any way,
if a person imposes risk to public health or is even involved with concerns of national security,
if anyone is found not complying with the conditions mentioned in the visa.

4. What does deport mean?

Deport means when a non-citizen or a foreign national is removed from a country because of violation of laws such as criminal activities, not abiding immigration law, or for security concerns. The process of deporting someone is carried out by the government of a country; once deported,a person is barred from re-entering the country.

5. Can marriage stop deportation in Canada?

No, marriage alone cannot stop deportation. However, under the spousal sponsorship, a Canadian citizen can sponsor the spouse for permanent residency. Depending on the spousal sponsorship application being submitted, deportation can be deferred. A successful application depends on many factors such as the timing, immigration violations, or a criminal record.