The rate at which people (including Nigerians) are migrating to Canada is on the rise! And for very obvious reasons a lot of “working” class people prefer migrating to Canada than the US. Canada has wonderful rules and perks for migrants. Thing is, there are a lot of mistakes some uninformed foreigners make that can lead to their “removal from Canada” and I’m sure you want to know them so you can avoid it completely!
When you receive a removal order, you cannot legally remain in Canada and must leave the country. There are 3 types of removal orders and they are the departure order, exclusion orders and deportation orders. With a departure order, you must leave Canada 30 days after the order takes effect and must confirm your departure with the CBSA at your port of exit. People with standing departure orders are expected to confirm their departure with the Canada Border Security Agency (CBSA). With an exclusion order, you cannot return to Canada for a year and if you wish to return, you have to apply for an Authorization to return to Canada (ARC). Finally, the deportation order which is what this article is about. With a deportation order, you are permanently barred from returning to Canada! Yes, you heard that right. This means you must have committed a pretty huge offense. It doesn’t necessarily mean all is over though. To be able to ‘visit’ Canada again, you have to apply for the ARC and if the CBSA paid for your removal from Canada (flight expenses and all), you have to pay them back. It is just better to avoid deportation and that is what we are going to talk about.
To deport anyone, the immigration authorities must have your travel documents and some proof that you are from that country that they are deporting you back to. There are some people who cannot be removed because their countries will not provide travel documents.
THINGS THAT CAN LEAD TO DEPORTATION
OVERSTAYING
When getting a visa, do not overstay the time duration stated in the visa or you will be deported (without mercy). Foreign nationals may be deported after their authorized period of stay has expired. If you want to stay for long, apply for a visa that will make you stay for long. If you want to work there, you can consider applying for a work visa. If you want to extend your stay, you can also get permission! This is one good thing about Canada and that is why it is often said that their laws are so favourable to immigrants.
CRIMINAL OFFENSE
Foreign nationals who are convicted of a criminal offense may be deported, depending on the gravity of their crime and if Canada sees them as a ‘security risk’. Permanent residents can also be removed if it is proven that they committed a serious offence before they arrived in Canada.
PEOPLE WHO HAVE BEEN DENIED REFUGEE STATUS
People who have been denied refugee status will be asked to leave Canada when their refugee claim is denied. Claimants may also be required to leave if they withdraw or abandon their claim. In some cases, an immigration lawyer can help you make an appeal or can bring a motion in the Federal Court. If you are asked to leave, you will be returned back to the last country you were in before arriving in Canada.
HEALTH
If you have a health condition that is deemed a danger to public health or safety, you may be removed. People that also have medical conditions that causes excessive demand on health or social services may also be removed.
MISREPRESENTATION
If you provided false information on your immigration application or in an interview with an immigration officer, you may be subject to removal. It is good to just be sincere when applying for immigration because even a little lie can put you up for deportation.
FINANCIAL REASONS
If you are unable or unwilling to support yourself and your family members, you will be removed.
CANADIAN CITIZENS
Now this is for people that feel like they have already become Canadian citizens and cannot be deported. Canadian citizenship can be revoked! But it is quite rare. In some circumstances, citizens can be returned to a foreign country if they are accused of a specific crime in that country which is more or less like deportation.
CRIMINAL OFFENSES;
So earlier, I talked about criminal offense being a criteria for deportation but you may wonder, what kind of crimes can put me up for that? Apart from crimes like murder, rape and other serious criminal offenses, there are a lot of mistakes immigrants make, they are known as immigrant related crimes that should be avoided. One common immigrant related crime is document fraud- lying on your visa and deception. This can lead to immediate deportation.
Another crime that can make a foreigner or permanent resident deported is engaging in acts of violence that would or might endanger the lives of persons in Canada, engaging in terrorism or being a member of an organization that is rooted in danger and violence. This is a very silly mistake most foreigners do, mostly out of the need to feel belonged to a perceived ‘strong’ group or organization. Most times, you may serve a sentence before being deported!
If a permanent resident or protected person receives a sentence of six months or more, they lose their rights to appeal. On the other hand, foreign nationals generally have no right to appeal their deportation orders. You are usually banned from returning to Canada after being deported, regardless of how long you lived in the country previously.
And yes, permanent residents can face deportation from Canada if they commit a serious crime before arriving in Canada or if the government believes that they are a seciruty risk or if they are a part of a very dangerous organization. Permanent residents can also be deported if they lie on their immigration application, are convicted of a serious offense in Canada or lose their status as permanent residents.
The following crimes are just a few example of other offenses that may result in deportation
• Assault causing bodily harm
• Assault causing death
• Sexual assault or domestic violence
• Drug trafficking
• Impaired driving due to alcohol or drugs
• Theft of over CAD$5000
• Possession of a restricted weapon with ammunition.
• Robbery with or without a firearm
• Fleeing police
• Using a processing a stolen or forged credit card
• Cultivation of marijuana
• Trafficking of marijuana over 3 kg
• Subversion
• War crimes/ violation of human rights
• Human trafficking
• Organized crimes like money laundering or people smuggling
• Failure to comply with any provision of IRPA
• Conviction of a criminal offense that carries a possible prison term of 10 or more years (even if the actual sentence is less than 10 years)
• Sentencing of more than 6 months in Jail for a criminal offense
• Conviction of a crime outside of Canada that would carry a prison term of 10 or more years if committed in this country
If you are found guilty of a serious criminal offence, they will send your information to the Canada Border Service Agency (CBSA). The CBSA will then take your action to have you deported after your permanent resident or protected person status is revoked. If you have been ordered to leave the country and are in danger of being deported, there are probably many reasons why you want to stay in Canada. If you have the right to appeal, you may appeal your removal order to the Immigration Appeal Division (IAD). You have 30 days to appeal a removal order from Canada, this is your opportunity to explain to the IAD why you should be allowed to stay.
The IAD has the authority to take humanitarian and compassionate factors into account during an appeal hearing. In addition, the IAD must also evaluate what is best for any child who could experience negative impacts from deportation.
Presumably, the most prominent cause for deportation from Canada is residing in a country illegally. Whether a person entered originally as an inadmissible individual or penetrated legally on a temporary visa but overstayed, they are subject to deportation order sooner or later. Some of the most common grounds for refugee deportation from Canada are inadmissibility are criminal background, health issues, safety issues, economic concerns, or misrepresentation as somebody else. If a refugee enters Canada illegally as am inadmissible person, they will be subject to deportation.
Some individuals enter legally on the grounds of employment and study in Canada and end up overstaying their visas and dwelling in the country illegally. For instance a student who arrived in Canada on a student visa and remained working in Canada permanently without acquiring a work or extension of visa of some sort would be operating illegally in Canada. From this, we can deduce that one of the essential step toward preventing deportation is to keep track of visas and visa renewals and ensure that you are legally residing in Canada.
THINGS YOU CAN DO TO AVOID DEPORTATION
1. Seek legal advice
If you are currently facing a removal order, it is mandatory and necessary that you consult an immigration lawyer to assess your situation and provide guidance on what to do to avoid deportation. They can also represent you in legal proceedings.
2. Comply with immigration laws
The best thing to do to avoid deportation is to comply with immigration laws even when you have a permanent residency! This means ensuring you have the appropriate permits to stay in Canada, don’t work without proper authorization and that you don’t overstay your temporary resident status. It is important to comply with any conditions that are attached to your immigration status such as reporting requirements and all that.
3. Address criminal convictions
If you have a criminal conviction, it is necessary to address them as soon as possible. Depending on the nature of your conviction, you may be deemed inadmissible to Canada and face removal. However there may be options available for you to overcome inadmissibility such as applying for a Temporary Resident Permit or Rehabilitation. A Canadian Immigration lawyer can assess your criminal record and advise you on the best possible course of action to take to avoid deportation.
4. Prepare for immigration interviews
Prepare well for immigration interviews, practice your interviewing skills and seek legal advice. Avoid providing false information or withholding information as this may lead to deportation on the long run.
There are two principal ways to attempt avoiding deportation. One is to request the CBSA to delay the deportation. Another option is to approach the Federal court and request the judge to stay the removal. When requesting a deferral from CBSA, the individual must be able to give convincing reasons for delaying their deportation. For example, you are pregnant and about to give birth to a child or you have an existing humanitarian and compassionate grounds application filed on time that is still processing.
Deportation is clearly a devastating consequence, emotionally and financially, particularly when the affected person has lived in Canada for many years. A deported person faces long term separation from any family members remaining in Canada, which may include their children, grandchildren and parents and these family members also suffer negative impacts, including psychological stress, financial hardship and the loss of a caregiver. Further, many deported persons are returning to a country or place where they have no residence, poor work opportunities and/ or dangerous conditions due to the political conditions in their country of origin. We see how devastating deportation can be so we should try to avoid it at all cost. How can you do that? Monitor your visas, stay clear from crimes and criminal organization, avoid lying in your immigration application, do not overstay your visa without appropriate permission. This is just the summary!
