Removal from Canada
A removal order may be issued to a permanent resident or foreign national who is in Canada and is found to be inadmissible. This could be the result of a refused application, a criminal offence, overstaying in Canada, or other breaches. Often removal orders are not immediately enforceable, for example when there is a right of appeal, and if an appeal is made, until its final determination. It is also possible that the removal order is “stayed”, meaning it is temporary delayed and unenforceable. This may happen if there are judicial proceedings involving the applicant, if there is a refugee claim or Pre-Removal Risk Assessment (where the applicant seeks protection), if there are sufficient humanitarian and compassionate grounds, or for other statutory or regulatory bases. Delays may also occur if the necessary travel documents cannot be obtained, or if a person’s identity cannot be established.
There are three types of removal order:
- Departure Order: you must leave Canada within 30 days and confirm your departure with CBSA.
- Exclusion Order: you must leave Canada and cannot return for 1 year (or 5 years in the case of misrepresentation).
- Deportation order: you must leave Canada and are permanently barred.
With a departure order, you must register your departure or else it will turn into a deportation order after 30 days. If you wish to return to Canada after removal by a deportation order, or removal by an exclusion order before the passage of one year, you must apply for an Authorization to Return (ARC). If the government of Canada paid for your removal, you will also be expected to repay that amount.
If you are subject to a removal order, we encourage you to contact us immediately to explore all your immediate options and formulate a strategy for the future.