Reasons For Deportation From Canada
Deportation From Canada: Canada is a hub for many foreign immigrants. It's a country with people from all around the world, and the immigration policies of the country are people-friendly. Eligible people can enter the country and stay for the intended period of time.
However, in some cases, many immigrants face deportation from Canada. The Canadian government has the right to deport people who do not fit the criteria of legal residence. The Federal Government can issue a deportation order against people who are engaged in any illegal activities.
The person who was deported from Canada on a deportation order is not allowed to re-enter without Immigration, Refugees and Citizenship Canada’s written consent. The main deportation classifications are:
- Denied refugee status people.
- Foreign nationals on different Visas
- Permanent residency holders.
The immigration department needs your travel documents and history in order to process the deportation. They need travel documents as proof of your legal residence in the country you are being deported to.
However, there are still some countries that do not provide travel documents so deportation can not be done for people of these countries.
Denied Refugee Status People: The people who are denied the claim of refugee status are asked to leave Canada. The refugees who withdraw or abandon their claim are also required to leave Canada.
If you don’t want to leave, then you can also hire an immigration lawyer who will help you in representing your case in Federal court. If successful, you can gain refugee status and live in Canada, avoiding deportation.
If you are unsuccessful, you will be asked to return to the country from where you have come. For example, if you come from America, you will be deported back to the same country.
Foreign Nationals on different Visas: Foreign nationals who are visiting Canada for different purposes can also be deported back to their country of origin after the intended period of their legal stay ends.
Also, in case of engaging in activities which do not comply with the conditions of the visa, the foreign nationals are liable to deportation. Any engagement in illegal activities will also be a reason for deportation.
Permanent Residency holders: In case of a serious offence committed before migrating to Canada on a permanent basis, the person is liable to be deported back to their country of citizenship. Also, In case of the person possessing the risk of security, the permanent resident will be deported.
Also, those permanent residents who provide false information in their application or they committed any serious offence in Canada or lost their permanent resident status are also deported back. However, you can contact the immigration lawyer in case of receiving the deportation order to check your chances of fighting against the deportation order.
Reasons For Deportation From Canada: Although Canada is a country which is peaceful and has friendly immigration policies, there are many reasons which can lead to deportation from Canada. These reasons includes:
- Illegal stay in the Country. If you have entered Canada through proper visa and legal procedure but overstayed your intended period of stay, then you are liable to deport.
- A person who is legally inadmissible to Canada due to any legal, medical, financial, Criminal or security issues but entered in the country through illegal means.
- In case of false information interpretation in your visa application.
- In case of not fulfilling the conditions of your Visa.
Deportation Process: In case of deportation, you will receive a deportation or removal letter from the Federal government. That will be the case if you have breached the Immigration and Refugee Protection Act. The removal orders are of many types with the same purpose.
You can also try to stop the deportation depending upon the deportation reason. There are different approaches to stopping deportation for different reasons.
The process of deportation is as follows:
- The person being deported will receive a removal letter from CBSA. The letter will state to attend the interview at the local Canada Immigrant Enforcement office. The letter is usually the response to a failed application for increasing the stay in Canada.
- The person who attends this interview is asked for reasons and is advised to write a date for removal. The date is usually set for one month later.
- The person can choose to deport according to the instructions or can make the fight against their deportation order. However, it's a complicated process and needs professionals to handle the case, such as immigration lawyers.
Fighting against Removal order:
- Write a request letter to Canadian immigration to defer or stop the deportation process. For this purpose, your reason for staying should be valid. You can include your pending permanent residency application or medical reasons in your request.
- Most of cases, the deportation is final as they are considered deserving cases.
- If the delay is denied, then you can prepare for a Federal Court stay. It's a motion to ask the court to stop the deportation. It involves many technical factors, such as researching the case, drafting legal arguments and collecting the supporting documents for your stay. It also involves the verbal arguments made by both parties. The Federal court will decide based on many factors regarding your stay in Canada.
- If your stay is granted, then deportation will be stopped. And if the stay is denied, then the removal will proceed accordingly.
Summary:
- Canada has the power to remove or deport.|
- Many factors, including the violation of visa conditions, lead to deportation.
- Illegal stay or overstay is one of the reasons for removal.
- Denied refugee status can also lead to deportation.
- Engagement in criminal activities is also a reason.
- You can fight against the removal order if you have a valid reason.
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You may also check Visitor Visa to Work Permit in Canada 2022.