Good
day Ms. Powell,
My
husband was ordered to leave Canada. Is
he now considered “inadmissible”? Does that mean that he cannot apply again?
M.R.
Dear M.R.
Anyone
who is the subject of a removal order will need to deal with this issue before
reapplying for any form of visas or permit to re-enter Canada. That however does not mean that your husband
can never return to Canada if he is the subject of what is called a removal
order. His ability to return to Canada
will depend on the reason he was required to leave and how soon after the order
he actually left the country. The
solution may be to make and application for an Authorization to Return to Canada (“ARC”) before he is able to
re-enter Canada.
Types of Removal Orders
There
are three different types of removal orders and depending on which one he was a
subject to, he may not be required to apply for an ARN.
Departure order:
A departure order requires that a person leave Canada within 30 days after the
order becomes enforceable. If your husband left within
the 30 days, then he may reapply for a visa without applying for an ARC. Of course he will need to satisfy the visa
officer that he has strong ties to his home country, is gainfully employed and
demonstrate that he will not over stay again.
Exclusion order:
A person who has been removed as a result of an exclusion order cannot return
to Canada for one year after the date of removal, unless he has received a written
consent of the Canadian Border Services Agency (CBSA). The CBSA is responsible
for removing people from Canada who have been issued a removal order.
If
your husband has a Certificate of Departure and 12 months have passed since the
order, he does not need to apply for an ARN.
If, however, the period of time is less than 12 months, he will need to
apply for an ARC.
Deportation order:
This is the most serious of the removal orders.
If a person has been removed from Canada as a result of a deportation
order, he is permanently barred from returning to Canada. Usually such an order
is for serious violations or criminal activities and so he would be deemed
“criminally inadmissible”.
Reasons for inadmissibility
Individuals
may be deemed inadmissible under nine different categories. They are: (1) security
(2) human or international rights violations (3) organized criminality (4)
serious criminality (5) health (6) financial reasons (7) misrepresentation (8)
non-compliance and (9) as a result of an inadmissible family member.
All
three removal orders require an individual to confirm his or her departure from
Canada with the CBSA. A departure order automatically becomes a deportation
order when someone who has been issued a departure order does not leave Canada
within the time stipulated or if he leaves without confirming his departure
with the CBSA. Departure and exclusion orders are usually issued for less
serious violations.
Important information
There
is no absolute guarantee that once he applies for the ARC that he will be automatically
granted the authorization to return. He needs to bear in mind that he will need
to convince a visa officer that he will not make the same mistakes again.
Some of the things the officer will consider are:
Some of the things the officer will consider are:
- The reasons for the removal order;
- Whether or not there is a possibility that he will repeat the behaviour that caused the order to be issued;
- The length of time that has passed since the order was issued;
- Current situation, including social, economic and emotional ties to his home country;
- Reasons for wanting to return to Canada;
- Ability to afford the trip and expenses while in Canada.
If
your husband needs to make an application for ARC, apply for record suspension/
pardon, or apply for rehabilitation as result of an exclusion or deportation
order, I strongly recommend that he consults with an immigration lawyer before
approaching CIC.
Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the
Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario,
Canada. Her areas of practice are in immigration, personal injury, commercial,
family, and administration of estates. She is on the roster of mediators for
Ottawa, Toronto, and the Dispute Resolution Foundation of Jamaica. Submit your questions and comments to:
Email:info@deidrepowell.com. Subject line: Immigration. Find her on Facebook:jamaicanlawyer. Tel: 613-695-8777.
Published in the Jamaican Gleaner - 18.8.2014
: http://jamaica-gleaner.com/gleaner/20140819/news/news3.html
Comments
Post a Comment