Removal orders

Removal orders

A removal order indicates that an individual who is either a foreign national or a permanent citizen of Canada is inadmissible. The individual has to leave Canada if they receive a removal order. Removal orders do not apply to Canadian citizens. There are three types of removal orders like Departure Order, Exclusion Order, and Deportation Order. These orders may restrict the person from entering Canada for a specified period.

Understanding the types of removal orders

The three types of removal orders have different rules as far as conditions for leaving Canada are concerned. It is mandatory to verify the date of departure with the immigration officer.

  • Departure order – There are 30 days before an individual can leave Canada after receiving the departure order. Verification of the departure with an immigration officer may exempt the person from applying for Authorization to Return to Canada (ARC). It is also clear that the departure order will automatically convert to a deportation order in the event of non-obedience.
  • Exclusion order – An exclusion order means the person must leave within a specified time not to return for the next 12 months. The period of no entry in Canada will start from the date of a certificate of departure. They can seek to reenter Canada after the passage of 12 months. Usually, an Authorization to Return to Canada is not necessary if the individual complies with all conditions.
  • Deportation order – Deportation order mandates the person to leave Canada, and the return is not permitted unless there is an Authorization to Return to Canada (ARC).

An exclusion order because of misrepresentation will require the individual to remain out of Canada for 60 months. The only way to return after the expiration of the five years is to apply for Authorization to Return. Similarly, a Temporary Resident Permit or Criminal Rehabilitation is crucial for a legal entry in Canada after being criminally inadmissible.

Enforceable removal order and unenforceable removal order

An enforceable removal order mandates an individual to leave Canada within the stipulated time. Failure to obey an enforceable removal order can lead to a police hunt across Canada. However, the individual can remain in Canada if the removal order is unenforceable. However, the person must leave Canada in the event of the order becoming enforceable.

The enforceable order may become unenforceable on humanitarian grounds or in the case of a judicial review or a pre-risk assessment (PRRA). Consulting an experienced immigration expert will help you understand the exceptions to removal orders.

Entering Canada after complying with a removal order

A departure order requires a person to leave Canada within a month from the receipt of the order. The following conditions are also mandatory if the person wants to return.

  • You are not medically or criminally inadmissible in Canada
  • You have verified departure, and the CBSA has received a relevant report
  • You have a valid permit to enter Canada

These points also apply if a person has completed the mandatory 12 months’ period after leaving Canada because of an exclusion order. Authorization to Return to Canada is not compulsory in such cases. Similarly, an individual with a history of misrepresentation and is out of Canada for more than five years does not require ARC to return.

Options to removal orders

Sometimes the authorities do not wish to issue a removal order, even though they want you to leave. In such a case, you will leave Canada only by signing a Voluntary Departure form. It may happen if the Border Security Officer at Port of Entry finds some issues with the papers.

In this case, one can return anytime only after resolving the discrepancies that prohibited entry on the last occasion. Returning without resolving the issues may result in an exclusion order. Similarly, there are other alternatives to removal orders like Visitor Record Canada and Direction to Leave Canada.

Removal orders can result in perplexing situations that require the knowledgeable support of an expert immigration consultant. Get in touch with us to discuss options with our experts today.

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