Removal Orders Lawyers
When Canadian immigration officials decide that someone is inadmissible to Canada, they may have the authority to issue a removal order. These orders can come in many different forms, each of which has its own unique rules and consequences. Understanding the differences between removal orders and the reasons they are issued is vital for protecting your rights and your status in the country.
At Border Solutions Law Group, our Vancouver immigration lawyers are able to assist individuals facing removal orders. Our team will help guide you through appeals, exemptions, and potential remedies to remain in or return to Canada. To get started with your case, schedule a consultation with our team today.
Types of Removal Orders
Under Canadian law, there are three primary types of removal orders:
- Departure orders
- Exclusion orders
- Deportation orders
Each different order has distinct legal and practical implications when it comes to leaving and re-entering Canada in the future.
1. Departure Orders
A departure order typically requires that the recipient leave Canada within 30 days of the date it becomes enforceable. When you depart the country, you must confirm your exit with the Canada Border Services Agency (CBSA).
If you have received a departure order, key considerations include:
- Timely Compliance: If you leave within 30 days and follow all instructions provided, you usually won’t need special permission to return to Canada in the future. However, situations vary on a case-by-case basis. It is recommended that you consult with an experienced immigration lawyer when you are issued a departure order.
- Failure to Depart: If you remain in Canada beyond the 30-day window you are given, the departure order might escalate into a deportation order. This can present much more complicated obstacles for your future re-entry into Canada.
Departure orders can arise from small issues with your immigration standing, like lapses in your status, for example. Regardless, making sure you address your departure order promptly can prevent you from encountering any harsher penalties in the future.
2. Exclusion Orders
An exclusion order typically bans you from returning to Canada for a specified period (often one year) starting from the date you leave. However, in cases where misrepresentation is involved, the ban may last up to five years. Other important considerations about exclusion orders are:
- Early Return: If you need to return to Canada before the exclusion period ends (for emergency family or work purposes, for example), you must apply for an Authorization to Return to Canada (ARC).
- Compliance with the Order: Leaving Canada as instructed can help you manage any longer-term or more serious consequences. If you don’t adhere to the exclusion order, you might face more severe penalties.
Exclusion orders are often issued when officials detect misrepresentation, significant overstays, or more serious non-compliance with immigration regulations.
3. Deportation Order
A deportation order is the most serious type of removal order you can face. It bans you indefinitely from Canada. This means you can only re-enter the country if you successfully obtain an ARC. Typically, deportation will be ordered as a result of:
- Serious criminality or security-related concerns
- Repeated violations or blatant misrepresentations when it comes to your immigration status
- Escalation from a departure order if you fail to leave Canada within the 30-day grace period
- And more
Because a deportation order can permanently stop you from visiting or immigrating to Canada, it’s recommended that you seek legal counsel as soon as you receive one.
Pre-Removal Risk Assessment Applications (PRRA)
A pre-removal risk assessment (PRRA) allows individuals facing removal to argue that they would be at risk of persecution, torture, or cruel and unusual treatment if they were sent back to their home country. To obtain a PRRA, you will need:
- Permission to Apply: Typically, you must be offered the chance to apply for a PRRA by Immigration, Refugees and Citizenship Canada (IRCC) or the CBSA.
- To Present Evidence of Danger: Applicants have to submit compelling proof (for example, country condition reports or personal affidavits) showing that they will face a significant threat to their life or freedom if they leave Canada.
If your PRRA is approved, your removal order may be deferred or cancelled. As a result, you will be allowed to stay in Canada and explore additional legal options that are available to you.
PRRA eligibility can be extremely time-sensitive. Obtaining immediate legal counsel upon the receipt of a removal order can help you craft a thorough and persuasive PRRA. If you think you might need one, reach out to our Vancouver immigration lawyers today.
Administrative Deferral of Removals (ADR)
An administrative deferral of removals (ADR) is a short-term measure where the Canadian government temporarily postpones the removal of any individuals to certain locations due to urgent or extraordinary scenarios. Common reasons for ADRs include:
- Sudden humanitarian crises in the destination country, such as a natural disaster
- Public health emergencies that make travel unsafe
- And more
ADRs are subject to sudden changes in policy, so they may not be a guaranteed solution. However, if you do receive an ADR, it can temporarily pause your removal. This can allow you more time to look into other legal or humanitarian options to maintain your status.
Temporary Suspension of Removals (TSR)
Temporary suspension of removals (TSR) is a broader, more formal suspension of removals to certain countries. It typically applies in cases where there is:
- Armed conflict, natural disasters, or major instability in the receiving nation that makes return dangerous or impractical.
- Canada decides at a high administrative or political level (through a government directive) to suspend all ordered removals to the country or region in question.
While a TSR is in place, individuals from affected countries will generally not be removed from Canada. However, if the TSR is eventually lifted by the government, your removal order could come back into effect. You will need to leave Canada in this case if you have not secured alternative legal status.
Authorization to Return to Canada (ARC)
Authorization to Return to Canada (ARC) is an important pathway if you have been previously subject to certain removal orders (such as an exclusion order or deportation order) and want to enter Canada again.
The application for an ARC normally involves:
- Explaining why you were removed from Canada in the first place.
- Demonstrating evidence that your circumstances have changed or that your reasons for returning are legitimate and compelling.
- Receiving a discretionary decision from the government after they weigh your intent, past compliance, and any potential risks you pose to Canada.
Success in ARC applications can be difficult if you were ordered to leave Canada under serious circumstances like criminality or misrepresentation. A Vancouver immigration lawyer can help you craft a persuasive and thorough request when it comes to your ARC application.
Removal Order Appeals
Not all removal orders can be appealed, but certain categories allow for hearings at the Immigration Appeal Division (IAD). You can appeal if you received a removal order and you are:
- A permanent resident of Canada, or
- A foreign national with a permanent resident visa, or
- A Convention Refugee or Protected Person
If your appeal is unsuccessful–or if you are not entitled to one–you might consider pursuing a judicial review at the Federal Court. During this process, you will need to argue that errors in fairness or law occurred when the authorities issued your removal order.
How Can Border Solutions Law Group Help With Your Removal Order?
Dealing with any removal order, including a deportation, exclusion, or deportation order, can be stressful and have a significant effect on your life. By working with our experienced Vancouver immigration lawyers at Border Solutions Law Group, you will receive crucial support at each stage of the process:
- Case Analysis: Our immigration lawyers will examine whether the order was fairly issued and explore all available remedies or appeal options.
- Procedural Fairness & Appeals: If you receive a procedural fairness letter and need to respond, our lawyers will help you prepare strong arguments, manage deadlines, and represent you at Immigration Appeal Divison (IAD) hearings or during Federal Court reviews.
- PRRA & Deferrals: Our lawyers will ensure that you have timely, well-documented PRRA submissions or requests for administrative/temporary suspensions of removals.
- Future Solutions: Whether it’s an ARC application or bridging a path toward permanent status, our team will help you chart a stable future if you wish to return to Canada or maintain your status.
Facing a Removal Order in Canada? Schedule a Consultation With Our Vancouver Immigration Lawyers Today
Removal orders can be serious and have a significant effect on your life. Understanding the type of order you have received, deadlines, and potential routes to return to the country is vital. If you have received a removal order, our Vancouver immigration lawyers at Border Solutions Law Group can provide clarity and representation at each stage.
Contact our team today for a confidential consultation. We’ll assess your situation, outline strategies, and work to protect your status in Canada. You can call our Vancouver office toll-free at 877-341-6761, or fill out our online contact form now.