Removal Orders in Canada
A removal order is a notice from the Canadian government requiring a person who is not a citizen to leave Canada. This usually happens if the person is not allowed to stay under immigration law or has broken the rules of their visa or permit. Once a removal order is given, the person has to leave Canada. Sometimes, they may not be allowed to return to Canada for a while unless they get special permission. This guide provides all the details related to removal orders, so you can understand them better and make a better decision for your case.
Types of Immigration Removal Orders in Canada
Canada has three main kinds of removal orders, and each comes with its own set of consequences:
Departure Order
A Departure Order requires the person to leave Canada within 30 days of being issued. Before leaving, they need to check in with an officer at the airport or border to confirm they are leaving.
If they leave on time and follow the rules, they can come back to Canada later if they meet the entry conditions. However, if they don’t depart within 30 days or fail to confirm their departure, the order becomes a Deportation Order, which is a more serious consequence.
Exclusion Order
An Exclusion Order means the person has to leave Canada and cannot come back for a certain time, usually one year. If they received the exclusion order due to misrepresentation (for example, providing false information), the re-entry will be extended to 5 years. To return to Canada before the ban period ends, the person must apply for and obtain an Authorization to Return to Canada (ARC).
Deportation Order
A Deportation Order is known to be the most severe form of removal. It means the person cannot return to Canada unless they get special permission through an Authorization to Return to Canada (ARC). This order is usually given for serious immigration offences, criminal actions, or security-related issues.
Reasons for Deportation from Canada
- Criminal Activity
- Misrepresentation
- Overstaying a Visa or Permit
- Unauthorized Work or Study
- Security or Human Rights Violations
- Medical or Financial Reasons
- Failing Permanent Resident Obligations
How Can We Stop Deportation in Canada?
A deportation order is not the end of your case. You may still have legal ways to stop or delay deportation if you act quickly.
Appeal the Decision
Some people, such as permanent residents or protected persons, have the right to appeal a deportation order. An appeal lets you explain why you should stay in Canada, especially if you have family here or have built a life in the country.
Ask for a Stay of Removal
A stay of removal can temporarily stop deportation while your case is reviewed by the court. It is usually requested when you have a pending appeal or judicial review. If approved, you can remain in Canada until a final decision is made.
Apply for a Judicial Review
If your case was unfair, you can ask Judicial review from the Federal Court. The court checks if the immigration authorities acted properly. If they find mistakes, your deportation could be stopped or cancelled.
File a Pre-Removal Risk Assessment (PRRA)
If it is not safe for you to return to your country, you can apply for a Pre-Removal Risk Assessment (PRRA). This lets you show new proof that you are at risk. Deportation is usually paused while your case is reviewed.
Apply on Humanitarian and Compassionate Grounds
If you have lived in Canada for a long time, have family here, or would face problems in your home country, you may be able to apply on humanitarian and compassionate (H&C) grounds. This can sometimes stop deportation and help you become a permanent resident.
How CWC Can Help?
CWC Immigration Solutions Inc. has been providing trusted immigration services since 2005. We understand that a removal order doesn’t always mean that you can never live in or visit Canada again, but it must be taken seriously. To protect your rights as well as future options, it is important to act quickly, understand your order, and get a professional legal help. If you are facing a removal or deportation order, contact CWC today for a FREE assessment and get professional guidance every step of the way.
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