Area of Law: Immigration Law
Answer # 681
DeportationRegion: Ontario Answer # 681
The Canadian government has the power to deport people who are not lawfully allowed to stay in Canada. Anyone who is removed from Canada on a deportation order cannot return to Canada without the written consent of the Minister of Immigration, Refugees and Citizenship Canada.
Different deportation criteria apply to different categories of people. The main classifications are:
- people who have been denied refugee status,
- permanent residents, and
- foreign nationals.
To deport anyone, the Immigration authorities must have your travel documents and some proof that you are from the country that they are deporting you back to. There are some people who cannot be removed because their countries will not provide travel documents. It is important to co-operate with the authorities at this time. As frightening as the prospect of being sent home may be, to be able to return to Canada you must comply with the order to report for removal.
In some circumstances, foreign nationals visiting Canada may be deported after their authorized period of stay has expired. They may also be required to leave if they do not comply with the terms and conditions of their visit, or if they extend their stay without permission. Foreign nationals who are convicted of a criminal offence may also be deported.
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 to the last country you were in before arriving in Canada. Many refugees came through the United States, so that would mean that they would be returned to the United States.
Permanent residents may be deported if they committed a serious offence before they arrived in Canada, or if the government believes that they are a security risk. Permanent residents can also be deported if they lie on their immigration application, are convicted of a serious offence in Canada, or lose their status as permanent residents. If you have been charged with an offence in Canada or abroad you should contact an immigration lawyer to discuss how the charge will affect your status as a permanent resident. It is important for every permanent resident to get citizenship as soon as possible. The Immigration authorities cannot deport a Canadian citizen, unless their citizenship is revoked, which can occur in limited circumstances, such as: misrepresentation, terrorism, treason, and foreign spying.
Except in unusual circumstances, Canadian citizens cannot be deported. In some circumstances, citizens may be returned to a foreign country if they are accused or convicted of a specific crime in that country. This is usually referred to as ‘extradition.’
Temporary changes due to COVID-19
Due to the current pandemic, the Government of Canada has implemented temporary changes to various immigration programs and procedures. For the most up-to-date information, visit canada.ca.
A criminal record will delay, and can even prevent you from getting your immigration status. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.
If you have been asked to leave Canada, you should contact an immigration lawyer for specific advice and assistance. The most important thing to remember is to give your lawyer adequate time to do any possible work on your behalf.
For legal advice and representation, contact our preferred Immigration experts, Bright Immigration Consultants .
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