Canada, known for its welcoming and diverse society, is a sought-after destination for immigrants from around the world.
However, immigration laws in Canada are stringent, and violations can lead to deportation. Deportation is a stressful and life-altering event, but there are ways to avoid it.
In this article, we will explore various strategies and legal ways to avoid deportation in Canada. Let’s get started.
Understanding Deportation in Canada
Before delving into ways to avoid deportation, it’s crucial to understand what deportation entails in the Canadian context.
Deportation, also known as removal, is the process by which an individual is ordered to leave Canada and return to their home country or another country where they have legal status.
This could happen for several reasons, including:
Criminal Convictions: One of the most common reasons for deportation is a criminal conviction. If you are convicted of a serious crime, you may be deemed inadmissible and face deportation.
Immigration Violations: Failure to comply with immigration laws, such as overstaying your visa or working without the proper authorization, can result in deportation.
Wrong Documentation: Fraudulent documents or information submitted during the immigration procedure may result in expulsion if discovered.
Security Concerns: Individuals who pose a security risk to Canada may be subject to deportation.
Now that we have a clear understanding of what deportation entails, let’s explore the ways to avoid it.
6 Legit Ways to avoid deportation in Canada
1. Seek Legal Counsel
One of the most crucial steps in avoiding deportation is seeking legal counsel from an experienced immigration lawyer. Immigration laws in Canada are complex, and having a knowledgeable attorney by your side can make a significant difference in your case.
Here’s how they can assist you:
Assessment of Eligibility: An immigration lawyer can assess your situation and determine if you are eligible for any immigration programs or humanitarian and compassionate grounds that may prevent deportation.
Appeals and Hearings: If you receive a deportation order, your lawyer can help you navigate the appeal process and represent you at immigration hearings.
Humanitarian and Compassionate Application: Your attorney can assist you in applying for humanitarian and compassionate considerations if you have compelling reasons to stay in Canada, such as family ties or establishment in the country.
Criminal Rehabilitation: If your deportation is due to criminal convictions, your lawyer can guide you through the process of criminal rehabilitation, which can make you admissible to Canada again.
2. Express Entry and Provincial Nominee Programs
If you are in Canada contemporarily and wish to avoid deportation, consider exploring pathways to permanent residency through Express Entry or Provincial Nominee Programs (PNPs).
These programs are designed to attract skilled immigrants and can provide a path to legal status in Canada.
Express Entry: Express Entry is a points-based system that evaluates candidates based on factors like age, education, work experience, and language proficiency. If you receive an invitation to apply for permanent residency through Express Entry, it can help you avoid deportation.
Provincial Nominee Programs: PNPs allow Canadian provinces and territories to nominate individuals for permanent residency based on their specific labor market and economic needs. If you have a job offer or skills that align with a particular province or territory’s requirements, you may be eligible for nomination, which can lead to permanent residency.
3. Pre-Removal Risk Assessment (PRRA)
A Pre-Removal Risk Assessment (PRRA) is a process that evaluates the risk you may face if deported to your home country or another country where you have legal status. This assessment considers factors such as the current political and social conditions in the destination country and your personal circumstances.
Eligibility: You can apply for a PRRA if you have received a deportation order but have not yet left Canada. It’s essential to apply as soon as possible after receiving the order.
Protection Grounds: If the PRRA officer determines that you would face significant risks upon deportation, you may be granted a stay of removal or allowed to remain in Canada on humanitarian and compassionate grounds.
4. Spousal or Common-Law Partner Sponsorship
If you are married to or in a common-law relationship with a Canadian citizen or permanent resident, you may be eligible for spousal or partner sponsorship. This pathway to legal status in Canada can help you avoid deportation.
Eligibility: To sponsor a spouse or partner, the Canadian citizen or permanent resident must meet certain income and eligibility criteria. Additionally, the relationship must be genuine and not entered into for immigration purposes.
Inland vs. Outland Sponsorship: You can choose between inland and outland sponsorship based on your current location and status in Canada. Inland sponsorship allows you to remain in Canada while the application is processed.
5. Refugee Protection
If you fear persecution, cruel treatment, or torture in your home country, you may be eligible to seek refugee protection in Canada. The Refugee Protection Program is designed to provide sanctuary to individuals facing serious harm in their home countries.
Eligibility: To be eligible for refugee protection, you must meet the definition of a refugee as outlined in the United Nations Convention Relating to the Status of Refugees. This includes demonstrating a well-founded fear of persecution based on factors such as race, religion, nationality, political opinion, or membership in a particular social group.
Asylum Claim: If you are in Canada and fear persecution in your home country, you can make an asylum claim, which will be assessed by the Immigration and Refugee Board of Canada (IRB).
6. Compliance with Immigration Rules
The most straightforward way to avoid deportation is to ensure strict compliance with Canadian immigration rules and regulations from the moment you arrive in the country. This includes:
Maintaining Legal Status: Always ensure that you have valid immigration documents, such as visas, work permits, or study permits, and renew them on time.
Respect for Conditions: Adhere to any conditions attached to your immigration status, such as not working without authorization or attending educational institutions as specified.
Regular Reporting: If required, report to immigration authorities as directed, such as during periodic check-ins.
Adherence to Criminal Laws: Avoid engaging in any criminal activities that could lead to inadmissibility and deportation.
The Importance of a Compassionate Approach
In considering ways to avoid deportation, it’s important to recognize the human aspect of immigration. Many individuals facing deportation have established lives in Canada with families, careers, and community ties.
While it’s crucial to uphold the integrity of immigration laws, a compassionate approach that takes into account individual circumstances is equally vital.
Canada’s immigration system offers various mechanisms, such as humanitarian and compassionate considerations and spousal sponsorship, to address unique cases where deportation could result in undue hardship.
Balancing the enforcement of immigration laws with empathy for those who have contributed positively to Canadian society is a complex but necessary endeavor.
Approval of Re-Entry to Canada
It is now difficult to obtain approval. It all depends on the circumstances surrounding your expulsion. If you were an overstayer who lived in Canada illegally for several years or if you have a criminal record, the government must be convinced that you still deserve to return to Canada despite your immigration past or criminal record.
A fresh application must be completed, and you must make a very persuasive argument to convince an immigration officer that, despite being deported, you are deserving of return.
This is not always simple. It can take several months, and you must build a compelling case. So, in general, if you are deported or removed from Canada, there is a method to return.
Return to Canada Authorization (ARC)
You can apply for a Return to Canada Authorization (ARC). An ARC is a request to the Canadian Embassy in your area that, if granted, will allow you to return to Canada notwithstanding your deportation order.
ARCs are difficult to obtain, and you must have convincing reasons to be authorized.
They can take several months to process. The best method is to avoid deportation altogether.
FAQs: Ways to Avoid Deportation in Canada
1. What is the best way to avoid deportation in Canada?
The best way to avoid deportation in Canada depends on your specific circumstances. However, seeking legal counsel from an experienced immigration lawyer is a critical first step.
They can assess your situation and guide you through potential pathways to avoid deportation, such as humanitarian and compassionate considerations, spousal sponsorship, or applying for permanent residency through Express Entry or Provincial Nominee Programs.
2. Can I apply for a Pre-Removal Risk Assessment (PRRA) if I have a deportation order?
Yes, if you have received a deportation order but have not yet left Canada, you can apply for a Pre-Removal Risk Assessment (PRRA).
This assessment evaluates the risks you may face if deported to your home country or another country where you have legal status. If the PRRA officer determines that you would face significant risks, you may be granted a stay of removal or allowed to remain in Canada on humanitarian and compassionate grounds.
3. What if I’m in a genuine spousal or common-law partnership with a Canadian citizen or permanent resident?
If you are in a genuine spousal or common-law partnership with a Canadian citizen or permanent resident, you may be eligible for spousal or partner sponsorship. This can provide a pathway to legal status in Canada and help you avoid deportation.
It’s essential to meet the eligibility criteria and demonstrate the authenticity of your relationship.
4. What should I do to maintain legal status in Canada and avoid deportation?
To maintain legal status in Canada and avoid deportation, adhere to the following guidelines:
● Ensure you have valid immigration documents, such as visas, work permits, or study permits, and renew them on time.
● Respect any conditions attached to your immigration status, such as not working without authorization or attending educational institutions as specified.
● If required, report to immigration authorities as directed, such as during periodic check-ins.
● Avoid engaging in any criminal activities that could lead to inadmissibility and deportation.
5. How can I seek refugee protection in Canada to avoid deportation?
To seek refugee protection in Canada and avoid deportation, you must meet the definition of a refugee as outlined in the United Nations Convention Relating to the Status of Refugees.
This definition includes demonstrating a well-founded fear of persecution based on factors such as race, religion, nationality, political opinion, or membership in a particular social group.
You can make an asylum claim if you are in Canada and fear persecution in your home country. Your claim will be assessed by the Immigration and Refugee Board of Canada (IRB).
6. Is it possible to appeal a deportation order?
Yes, it is possible to appeal a deportation order in Canada. If you receive a deportation order, you have the right to appeal the decision.
It’s advisable to seek legal representation from an immigration lawyer who can help you navigate the appeal process and present your case effectively.
The appeal process may vary depending on the specific circumstances of your case, so legal guidance is crucial.
7. What are the reasons behind deportation? How to Prevent Getting Deported
One of the most common grounds for deportation is illegal immigration. Overstaying on your temporary visa is also deemed illegal by the country’s authorities, and you may be deported as a result.
Individuals who enter the country illegally might be deported back to their home country if caught. Health difficulties, criminality, financial restrictions, security issues, or deception are all common reasons for deportation.
Many people enter Canada legitimately for various purposes, such as school or work, and end up overstaying their visas.
For example, if you enter Canada on a student visa and stay to work permanently without extending your visa or acquiring a work visa, the Canadian authorities will consider it illegal. So, to avoid or prevent deportation, it is always advisable to keep your visas up-to-date and renew them on schedule.
Avoiding deportation in Canada requires a combination of legal knowledge, strategic planning, and adherence to immigration rules.
Seek legal counsel early, explore pathways to permanent residency, and be aware of options such as PRRA, spousal sponsorship, and refugee protection.
Ultimately, a respectful and law-abiding approach to immigration is the most effective way to secure your future in Canada while contributing to the country’s rich tapestry of diversity.