Removal Orders as a Foreign National in Canada

If you are a foreign national who has received a removal order from Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA), it’s important to understand the different types of orders and what they entail. There are three types of removal orders, each with its own set of requirements and implications:

 

Departure Order

The first type of removal order is a Departure Order. If you have received a Departure Order, it means that you must leave Canada within a specified time frame, usually 30 days. In this case, you do not need to apply for an Authorization to Return to Canada (ARC) to come back to Canada. However, it’s important to make sure that you meet all the requirements of the Departure Order before returning, such as obtaining confirmation of your departure from Canada.

 

Exclusion Order

The second type of removal order is an Exclusion Order. An Exclusion Order means that you are not allowed to enter or remain in Canada for a specific period of time. If you have received an Exclusion Order, you also do not need to apply for an ARC to return to Canada once the exclusion period has ended. However, you must make sure that you do not try to enter Canada during the exclusion period, as doing so could result in serious consequences. It is important to note that if an Exclusion Order is issued for misrepresentation, you will be prevented from returning to Canada for five years. If you are eligible to return to Canada, you will need to obtain a dated departure certificate and repay any moving expenses paid by the Canadian government before you enter Canada. Once again, you will be required to undergo an examination at the port of entry.

 

Deportation Order

The third type of removal order is a Deportation Order. If you have received a Deportation Order, it means that you must leave Canada and are not allowed to return for a specific period of time, usually up to 10 years. In this case, you must apply for an ARC if you want to return to Canada once the deportation period has ended. It’s important to note that even if you have been granted an ARC, the Canada Border Services Agency (CBSA) has the final say on whether you will be allowed to enter Canada.

 

Departure Order

A Departure Order is issued by Canadian immigration officials to foreign nationals who are required to leave Canada. If you receive a Departure Order, you must leave Canada within 30 days of receiving the order. If you leave Canada within this timeframe and a Canadian immigration officer verifies your departure at the port of exit, you will not need an ARC. However, you will be required to undergo a regular examination when you enter Canada.

It’s also important to understand that a departure notice from Canada is a different process and does not require an ARC for re-entry. If you are leaving Canada voluntarily, make sure to follow the departure notice requirements to avoid any negative consequences.

At Akrami & Associates, we have extensive experience in handling various immigration issues, including removal orders and ARC applications. If you need assistance, please do not hesitate to contact us at 416-477-2545 to book a consultation with an immigration professional. Remember, with Akrami & Associates, there is always a solution.

 

The Direction to Leave Canada

The Direction to Leave Canada is a document that is often misunderstood by individuals who receive it. It is important to note that if you do receive this document, you are still able to enter and leave Canada without the need to apply for an ARC. However, it is crucial to comply with the conditions that are set forth in the document.

The reason that most individuals receive this document is because the immigration officer has doubts about your entry and your intention to leave Canada on time. Therefore, it is essential that you bring along the necessary documentation to prove your intent for a temporary stay and that you have valid reasons to return to your home country.

Complying with the conditions set forth in the Direction to Leave Canada document is important in order to avoid any future issues with immigration officials. By providing proof of your intention to only stay temporarily and return to your home country, you can demonstrate that you are a trustworthy individual who poses no threat to the security of Canada.

Therefore, it is essential to take the Direction to Leave Canada document seriously and to comply with its conditions to ensure a smooth and hassle-free entry and exit from Canada.

 

Misrepresentation and Removal Orders in Canada

Appealing a removal order based on misrepresentation can be a daunting and complex process for foreign nationals in Canada. The Immigration Division’s decision that you are inadmissible to Canada can result in a removal order being issued against you, which could ultimately lead to your removal from Canada or refusal of entry in the future.

This type of removal order arises when you have made a misrepresentation to an immigration officer or a Canada Border Services Agency (CBSA) officer, and as a consequence, an error has occurred in the application of immigration law. However, as a foreign national facing such an order, you have the right to appeal to the Immigration Appeal Division (IAD).

When appealing a removal order based on misrepresentation, there are two options to consider for winning your appeal. Firstly, you can demonstrate that you did not make any misrepresentations. Alternatively, you can show that there are humanitarian and compassionate reasons for your appeal, even if you made a misrepresentation.

Preparing for an appeal of this nature can be a challenging task. However, there are some essential pieces of information that you should be aware of to better equip you for the process. It’s crucial to provide accurate and detailed information regarding the misrepresentation to support your appeal. Additionally, evidence of strong ties to Canada, such as family, employment, and community involvement, can be useful in demonstrating humanitarian and compassionate grounds for appeal.

In conclusion, if you are facing a removal order based on misrepresentation, it’s crucial to understand your options and prepare adequately for your appeal. Remember that winning your appeal will require a robust argument backed by compelling evidence. By being well-informed and seeking expert advice where necessary, you can increase your chances of success and remain in Canada.

 


 

Are you facing a removal order from Canada and feeling lost about the steps you need to take to re-enter the country? Look no further than Akrami & Associates. Our team of experienced professionals has helped countless clients successfully navigate the complex world of Canadian immigration, and we’re ready to help you achieve your goals as well.

 

At Akrami & Associates, we understand that immigration issues can be overwhelming and stressful. That’s why we provide personalized consultations to every client, where we’ll assess your unique situation and provide guidance on the best path forward. With our support, you can feel confident that you’re taking the right steps to enter Canada legally and efficiently.

 

Don’t risk making mistakes or facing unnecessary delays on your immigration journey. Contact Akrami & Associates today at 416-477-2545 or email us at info@thevisa.ca for a consultation. Our team is committed to helping you achieve your immigration goals and ensuring that there is always a way forward.

Info@thevisa.ca

416-477-2545 / 1-877-820-7121

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