What is a removal order?
A Removal Order is a legal directive issued by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) in Canada, instructing an individual to leave the country. It is a formal measure taken when authorities determine that an individual's presence in Canada is not in compliance with immigration laws.
There are three main types of Removal Orders:
Departure Order: 30-Day Exit Window
A Departure Order mandates individuals to promptly leave Canada within 30 days of the order taking effect. Essential to compliance is the confirmation of departure with CBSA at the designated port of exit. Adhering to these prescribed procedures not only ensures a smooth departure but also leaves the door open for a potential return to Canada in the future, contingent upon meeting entry requirements.
Failure to abide by the departure guidelines within the stipulated 30 days escalates the situation, transforming the Departure Order into a more severe Deportation Order. Re-entry after this transition necessitates the acquisition of an Authorization to Return to Canada (ARC).
Exclusion Order: Imposing a Temporary Ban
An Exclusion Order enforces a one-year ban on returning to Canada. Individuals desiring an earlier return, before the completion of the 12-month period, must initiate the application process for an ARC. In instances where the Exclusion Order is linked to misrepresentation, a more extended five-year ban comes into effect. Repayment of costs incurred by CBSA during the removal process is obligatory. There are options to try and appeal this decision or enter Canada before the 12-month period is complete.
Deportation Order: A Permanent Ban with Legal Implications
Representing the most severe consequence, a Deportation Order imposes a permanent ban from returning to Canada. Individuals facing a Deportation Order must navigate a stringent process, beginning with the application for an ARC, which is a prerequisite even to be considered for future re-entry. Similar to an Exclusion Order, the repayment of removal costs to CBSA is mandatory.
Understanding the nuances of each order is crucial, as the form number on the Removal Order signifies the specific type issued. Departure Orders, seemingly less severe, can escalate if not diligently followed, especially in cases of alleged misrepresentation, leading to the issuance of both Exclusion and Deportation Orders.
Navigating the legal complexities of Removal Orders demands careful consideration and expert guidance. Allegations of misrepresentation can significantly impact the severity of the imposed order. Seeking legal counsel becomes imperative to explore available options, assess eligibility for ARCs, and ensure compliance with the intricate procedures associated with each order.
Why you need an Immigration Lawyer from AKM Law
Returning to Canada after a Removal Order involves a labyrinth of complex processes, and navigating this intricate legal terrain requires the expertise of seasoned professionals like AKM Law. In these complex legal matters, the guidance of AKM Law's experienced immigration lawyers becomes invaluable. Their comprehensive understanding and knowledge of the intricacies involved in returning to Canada empower you with clarity on available options. By enlisting the services of AKM Law, you not only gain strategic insights into the intricate legal processes but also benefit from their expertise in mitigating the severe consequences associated with each type of removal order. Ensure a smoother and more informed journey back to Canada by making AKM Law your trusted legal partner.
