Removal Orders Canada – Deportation, Exclusion, Departure
Sometimes the immigration authorities find you inadmissible to Canada. Of course, inadmissibility affects foreign nationals and permanent residents only. Consequently, Canadian citizens are immune to inadmissibility. If you are inadmissible and you are already inside Canada, you could receive a removal order. A removal order is an official order that asks you to leave Canada as soon as possible.
- Enforceable vs. unforeseeable removal orders
- Types of removal orders
- Authorization to Return to Canada (ARC)
- Alternatives to removal orders
- We could help!
If a removal order is enforceable, you need to leave Canada as soon as possible. Of course, disobedience could result in a nationwide warrant by CBSA. Consequently, they will ask all police forces such as the RCMP, provincial police, or municipal police, to arrest you and arrange your deportation from Canada.
Sometimes a removal order becomes unenforceable. Of course, an unenforceable removal order means you can stay in Canada until it becomes enforceable. If the authorities void a removal order, you do not need to leave Canada (unless due to other reasons such as your permit’s expiry). The following situations could make a removal order unenforceable.
- Judicial Review (practitioners see R231 and the Toth Test)
- Pre-removal Risk Assessment or PRRA (practitioners see R232)
- Humanitarian and compassionate or public policy considerations (practitioners see R233)
Read my other article to learn more about “on hold” removal orders.
A removal order could be any of the following three:
- Departure Order: You must leave Canada within 30 days and report your departure to the authorities. However, if you do not leave Canada at the specified time or do not report your departure, the departure order automatically turns into a deportation order. (practitioners see R224).
- Exclusion Order: You must leave Canada within the specified time and not return to Canada within the next 12 months. However, if the exclusion order is because of misrepresentation, you may not return to Canada within the next five years. (practitioners see R225)
- Deportation Order: You must leave Canada within the specified time and may not return to Canada unless you receive the Authorization to Return to Canada (ARC). (practitioners see R226)
I have another article that explains who issues a removal order. However, it covers an advanced topic.
If you have received a departure order, you may return to Canada at any time, subject to the following:
- You left Canada within the 30-day time limit.
- The CBSA received an official report about your departure.
- You are not inadmissible to Canada.
- You have proper permits or visas for returning to Canada. Of course, some example papers could be a valid eTA, TRV, Work Permit, Study Permit or Permanent Resident Visa. Regardless, if you are a US citizen and intend to visit Canada only, you do not need to hold a visa or eTA.
If you have received an exclusion order, but you left Canada a long time ago (i.e. at least 60 months ago for misrepresentation and 12 months ago for other situations), you may return to Canada subject to the conditions explained in the previous bullet points.
If you have received an exclusion order but the time limitation has not passed, or if you have received a deportation order, you need to apply for Authorization to Return to Canada (ARC) to be able to return to Canada. A typical ARC application looks like a TRV application. Still, you need to pay the ARC processing fee (currently $400) and include several other documents to convince the immigration authorities you deserve the ARC.
For more information about an ARC application, read the following article.
Sometimes officers refrain from issuing a removal order. Instead, they may allow you to sign a Voluntary Departure form and leave Canada peacefully. Of course, two alternative options could be a Direction to Leave Canada or a Visitor Record. However, the latter in an inadmissibility situation is highly improbable. Visit the following links for more information:
If you are facing a removal order, we could help. Fill out the following form, and we will reply soon. Of course, you may alternatively book a consultation session with Al Parsai.
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