What are Removal Orders
What are Removal OrdersHave you recently been requested to leave Canada? Did you receive a Removal Order? Are you fearful and unsure of what to do next? Do you wish you stay in Canada or return to Canada in the future? There are many different circumstances that can result in Removal Orders from Canada. It is extremely important to know what steps to make when you receive a Removal Order. In most cases, the applicant will not be able to enter Canada and will be banned from returning for five years. With help from immigration professionals, such as Akrami & Associates, you can find out what you can do when you are issued a Removal Order. In this article, I will explain the types of removal orders there are, steps on how to re-enter Canada in the future, and other important information you must know about Removal Orders.
Types of Removal Orders
There are three different types of removal orders. Specifically, they are: a departure order; an exclusion order; and a deportation order. The way to distinguish between all three when you are issued a removal order is by reviewing the document Immigration Canada has sent you and looking at the form number. Below I will explain in detail what each removal order is and what is required of you.
Departure Order
If you receive a departure order, you must leave Canada within 30 days of receiving the order. You are also required to inform Immigration Canada when you exit Canada. Unlike the deportation removal order, a departure order does not require an Authorization to Return to Canada better known as ARC. Moreover, you are able to re-enter Canada, in the future, normally through any port of entry as long as you abide by the requirements of this removal order. Keep in mind, if you try to re-enter Canada, an Immigration Officer may still deny your entry due to having been issued a removal order. Therefore, be prepared for this response from Immigration and make sure you carry the appropriate documentation.
However, if you fail to leave Canada within 30 days or you fail to inform Immigration Canada before you depart Canada, then the departure order will automatically become a deportation order. At this point, if you’d like to re-enter Canada in the future, you would be required to apply for an ARC.
Exclusion Order
If you receive an exclusion order, you must leave Canada and stay outside of Canada for a minimum of 12 months. Additionally, you must inform Immigration Canada of your exit. If you abide by these requirements, you will thankfully not be required to apply for an ARC. When you try and re-enter Canada in the future, you will enter normally through any port of entry. However, the same circumstance will apply as the departure order in that you may be refused entry due to having been issued a removal order. Preparation for this response is essential and the appropriate documentation would be beneficial to have when re-entering Canada.
On the other hand, if you desire to re-enter Canada before the minimum 12 month timeframe, or you did not inform Immigration Canada of your departure, then you will be required to apply for an ARC.
If you have been issued an exclusion order due to misrepresentation, unfortunately, you will be banned from entering Canada for a minimum of five years. Also, if Canada Border Services Agency (CBSA) has paid for your removal from Canada, then you are required to pay them back.
Deportation Order
If you receive a deportation order, you must leave Canada and will be banned from re-entering Canada. The only exception for your re-entry would be by applying for an ARC and being accepted back into Canada. In many circumstances, people often get confused between a deportation order and a “Direction to Leave Canada.” The two are very different as a Direction to Leave Canada is not a removal order. Additionally, with a Direction to Leave Canada, you are not required to apply for an ARC and may re-enter normally through any port of entry.
Similar to an exclusion order, if CBSA has paid for your removal from Canada, then you must pay them back before returning.
Steps for Authorization to Return to Canada (ARC)
If you have unfortunately not complied with the requirements of the departure order or the exclusion order, or have a deportation order, then you will need to apply for an ARC. It is best to recognize the reasons for your removal order in the first place, before applying. The reasoning behind this is because if the circumstances have not changed with regards to why you were removed, then it is not very likely you will be given permission to return.
If you wish to enter Canada for specific reasons, such as work, study, or even immigrating, then you will submit the appropriate application for those reasons and your ARC will then be considered within the context of that application. Therefore, if you receive an acceptance of your application for a study permit, for instance, then you will simply be asked to submit the fee and proceed to entering Canada. Sadly, no matter the decision of your application, the fees will not be refundable.
To apply for an ARC, you must provide specific documentation. The required documents are listed below.
- A Temporary Resident Visa form
- A photocopy of your valid passport
- 2 passport photos
- A letter explaining why you should be permitted re-entry into Canada.
- A processing fee paid
For applicants that received a departure order or an exclusion order and did not comply with the required timeframes, then you must instead explain why you did not abide by the requirements.
For any costs that are outstanding from CBSA paying for your removal, Immigration Canada will inform you to the exact amount when the application is being processed. Additionally, if you are required to attend an interview or submit any additional documentation, then you will be appropriately notified ahead of time by Immigration Canada. Immigration Canada will also communicate the final decision of your application.
Contact Akrami & Associates
It is extremely important for you to abide by the requirements of the removal order given to you, in order for you to re-enter Canada. If you do not, then you will have to correctly analyze why you were issued a removal order and then apply for an ARC if you feel like you are eligible to do so. Applying for an ARC can be extremely stressful and difficult to pursue on your own, given the certain circumstances. Therefore, it is highly recommended that you seek out professional and experienced help before proceeding with the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients with removal orders and applying for ARCs. If you need assistance, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.
With Akrami & Associates, there is always a way!