This article describes the basis, conditions and consequences of removal orders; and possible postponements of removal.
This article is for information purpose only.
To seek for legal advice for your specific case, please contact our registered consultant.
Removal process is to remove individuals who do not have the right to enter or stay in Canada. It involves various application. The action of removing someone from Canada takes place only at the end of a complexed legal process.
Reasons for Removal
Removal Orders are based on inadmissibility related to:
Types of Removal Orders, Conditions and Consequences
There are three types of removal orders:
Removal Order for Refugee Claimant
If you are a refugee claimant, the removal order does not come into force until specific events have passed. For more detail, please contact our office for a free consultation.
Removal Order for Permanent Residents
If the removal order was issued against a permanent resident, then the person lost that status under section 46(1)(c) on the day the removal order came into force. Following a pardon or acquittal, there is no provision in IRPA for the person to regain permanent resident status, despite the removal order becoming unenforceable. The person remains a foreign national and may reapply for permanent residence in the normal manner.
Deferral of Removal
There are a variety of reason that a removal order may be deferred.
The existence of a removal order does not necessarily mean that the CBSA can remove someone from Canada. Removal process involves various applications to Immigration, Refugee, and Citizenship Canada (IRCC) and the Immigration and Refugee Board (IRB).
If you received a removal order, or asked to leave Canada. I can help you through the process of deferring removal orders. Please contact me to arrange for a consultation.
Regulated Canadian Immigration Consultant
Practice license number: R526781