Removal Order from Canada
If you have received a Removal Order from Canada it means you have to exit and are no longer allowed to remain legally in Canada. Depending on what type of removal order you have received, the removal order may be effective immediately or after a negative decision you have received on an appeal. There are three different types of removal orders you can receive from Immigration, Refugees and Citizenship Canada (IRCC) or Canada Service Border Agency (CBSA). These include Departure Orders, Exclusion Orders and Deportation Orders. If you are not sure what type of removal order you have received then go back to the form you have received that will indicate the removal type and what actions you need to take.
Types of Removal Order
Departure Order
If you have received Departure Order from IRCC or CBSA it means you have exit Canada within 30 days of the letter received. So when you leave Canada make sure to confirm your departure with CBSA and get an exit stamp on your passport. The exit stamp is very important for future entry purposes, as many have faced problems entering into Canada because they could not proof they left Canada on time. The exit stamp confirms you have departed Canada on time. If you follow the proper procedure and have left Canada on time, you can come back in the future as long as you meet entry requirements. If you forgot to confirm your departure with the CBSA or decided to leave after the 30 days, your Departure Order automatically turns into Deportation Order. To be able to return to Canada in the future you would have to apply for an Authorization to Return to Canada (ARC) . These applications are not easily approved and therefore highly recommended to exit Canada on time and confirming your departure with the CBSA to avoid future entry problems.
Exclusion Order:
If you have received an Exclusion Order it means you are banned from Canada for one year. If you like to come back to Canada before the one year ban period you would have to apply for ARC. If you have no travel date planned before the one year ban period than simply wait and once the time period is completed then you can travel to Canada as long as you meet the entry requirements. If you received an Exclusion Order because you misrepresented yourself you cannot come back to Canada for five years. Also, if the CBSA paid for your removal order, you cannot come back to Canada until you repay all cost owed.
Departure Order
If you have received a Deportation Order you cannot return to Canada unless your ARC application is approved. Also, if the CBSA paid for you removal you would have to pay that back prior to your return to Canada.
Applying for Authorization to Return to Canada
When applying for Authorization to Return to Canada, the immigration officer assesses your situation and makes decision on your application based on the reason you received a Deportation Order. For example, if you were deported from Canada because you were working illegally then you better show you are employed now back home and demonstrate ample other ties to your home country. If you cannot prove strong ties to your home country and your conditions have not changed than mostly likely you can expect a refusal on your application. Whether you are coming to Canada as a visitor, worker or to study you should not submit a separate application for an ARC. If you temporary document is approved, the ARC application will be taken care of within the context of that application. You simply need to pay the processing fees which are non-refundable. So even if the decision is negative the application fee will not be refunded and have to pay a new fee if you like to apply again.
Deported from Canada due to Criminal Inadmissibility
If you are were deported from Canada because you had a criminal inadmissibility such as DUI, felony, assault charge then you would have to apply for Criminal Rehabilitation or Temporary Resident Permit (TRP) based on your situation. Criminal Rehabilitation helps you overcome your inadmissibility on permanent basis while TRP allows you temporary entry into Canada until you are eligible for the permanent document. Processing times for Criminal Rehabilitation take approximately 8-12 months while TRP can be filed at port of entry and get same day decision if you come from visa-exempt country. If you come from non-visa exempt country then you can only submit TRP at consulate level and wait 8-12 months to get a decision on it. For further information on criminal rehabilitation and TRP please refer to other blogs.
What Documents do I need to include with ARC application
When applying for a visa or permit ensure you include all the necessary documents for your ARC application. These include
- Your Temporary Resident Visa (TRV) application form. This has to be complete and validated
- Passport size photos of you that are not older than 6 months
- Copy of your passport
- Personal statement explaining why you should be allowed entry into Canada (English or French)
- Processing Fee of $400 CAD
Remember your personal statement gives you the opportunity to explain why you ended up getting a deportation order and why you should be allowed entry into Canada. For example, if you had received departure order but did not leave within the 30 day period and ended up in deportation order, you must provide good reasons why you did not leave Canada during the time given to you. If you owe CBSA money for your removal order you will be informed when you submit your application and any others required from you. Also very important, if your documents are not in English or French it must be translated by certified translator in English or French and they must be complete and accurate to avoid delays or refusal in your application.
What the immigration officer will look for when reviewing your ARC application
- Why you received the removal order
- Will you repeat the same behavior again that resulted in the removal order
- How long ago was removal order issued
- Your current situation
- Why you want to come to canada
Can I Appeal a Removal Order?
Whether you are a permanent resident of Canada, a refugee or a temporary visitor you can submit an appeal if your ARC application has been refused. You can make the appeal at Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). You cannot appeal the decision if your application was refused due to criminal inadmissibility.
Should you decide to appeal, you have 30 days within receiving the removal order to submit an appeal to IRB. The Immigration Appeal Division considers your appeal:
- An appeal allowed which allows you to remain in Canada until decision is made or;
- You will be allowed to stay in temporarily in Canada the removal order is suspended with conditions until decision is made by IAD member
- Appeal is dismissed, you will be asked to leave Canada
Have you received a Removal Order from Canada? Contact Akrami & Associates
If you have received a removal order from Canada and not sure if you require authorization to return to Canada or what steps you need to take to be eligible for entry then contact us today. Akrami & Associates has assisted many clients with deportation orders and we can help you too. Call us today at 416-477-2545 and lets us review your options for entry into Canada. Remember, with Akrami & Associates there is always a way!!