If you have failed to comply with the rules and regulations of Canada’s immigration system, or if you have not adhered to Canada’s laws, then your entry
into Canada can come into question. In such a case, you may be issued a removal order due to your incompliance. As a result of being given a removal order,
you will be required to leave Canada.
There are different types of removal orders. Depending on your case, you will be given a certain removal order. The type of removal order dictates when you
need to leave Canada, and the procedures you need to follow in order to leave Canada and verify your departure. The type of removal order also determines
whether you will be allowed to come back to Canada. Some removal orders are only prohibit your entrance to Canada for a certain time period, other removal
orders ban your entrance to Canada for life. However, if you meet certain requirements, you can seek re-entry to Canada by way of an Authorization to
Return to Canada. Again, how and if you can apply for an Authorization depends on the type of removal order that was issued to you. One type of removal
order is a departure order.
Departure Order
A departure order, like an exclusion order, is usually issued for less serious violations.
If you are issued a departure order you are required to leave Canada within thirty days after the departure order becomes enforceable.
When you are issued a departure order, you must comply with the requirements of the order. You will be required to confirm your departure with an
immigration officer of the Canada Border Service Agency. If you do not comply with the requirements of the departure order, you may jeopardize your chances
of being allowed re-entry into Canada. Once you have exited the country, as per the instructions of the departure order, you may be eligible to come back
to Canada by way of an Authorization to Return to Canada. An Authorization to Return to Canada is a document that allows individuals who have been issued
removal orders and the removal orders have been enforced, to seek re-entry into Canada.
When Do I Need An Authorization to Return to Canada?
If you have been removed from Canada by way of a departure order, you will not need an Authorization to Return to Canada if:
- You left Canada within thirty days after the departure became enforceable; and
- You confirmed your departure with an immigration officer at the Port-of-Exit.
If you meet the above requirements, you can return to Canada by way of the normal procedures at the Port-of-Entry.
On the other hand, you will require an Authorization to Return to Canada if:
- You left the country without confirming your departure; or
- If more than thirty days has passed since the departure order was issued and the departure order becomes a deportation order.
Departure Order Becoming a Deportation Order
If you have been issued a departure order, you need to ensure that you comply with removal and the removal procedures in a timely manner. Failure to do so
can have consequences. If you have been issued a departure order and you do not leave Canada as required by the departure order, of if you do not verify
your departure with the Canada Border Service Agency, then your departure order will automatically become a deportation order. This is not good news for
you. A deportation order means you are banned from coming back to Canada for life, unless you are eligible to apply for an Authorization to Return to
Canada given the requirements for such an Authorization when issued deportation orders.
At Akrami & Associates, we have the knowledge and expertise to assist you with applying for an Authorization to Return to Canada when you have been
removed from Canada by way of a Departure order.