Skip to main content

Immigration Corner | Husband ordered to leave Canada



Immigration Corner | Husband ordered to leave Canada:

Dear Ms Powell,
My husband was in Canada and was ordered to leave. He came back to Jamaica and we started a business and it is doing well. We want to visit Canada again, but I spoke with someone who said he and I may be considered inadmissible to Canada. Is this true? How do we get permission to visit Canada without any hassle?
- TT
Dear TT,
Individuals may be asked to leave Canada and therefore be deemed inadmissible for various reasons. The main categories of inadmissibility are security concerns, human or international rights violations, organised criminality, serious criminality, health, financial misrepresentation, noncompliance, and inadmissibility of a family member.
Based on these rules, your husband's actions can have a negative impact on you, especially if you plan to travel to Canada at the same time.
The steps will be based on the type of order and the reason the order was issued.
A removal order does not automatically mean that your husband and the rest of the family cannot return to Canada in the future. The key issue is what kind of order was issued, how long has passed since the order was issued, your reason for wanting to visit Canada, and your financial activities. Your husband will need to show strong emotional, financial, and social ties to Jamaica.
If an individual is the subject of a departure order or a direction to leave and he left Canada within 30 days after the departure order was issued, he may be authorised to enter Canada provided he still has a valid temporary resident or visitor's visa. You will both be subject to the normal examination at the port of entry, and no additional application is required prior to departure from Jamaica.
An individual who has been removed as a result of an exclusion order cannot return to Canada before 12 months has passed without written permission from Canadian authorities. Once the one year has passed, the individual may return to Canada on a valid visa but expect the usual examination at the port of entry.
If a deportation order was issued, this has a permanent effect of barring an individual from returning to Canada without special permission, and a well-drafted application will need to be submitted along with the requisite fee to the visa application centre in Jamaica.
A key issue is when your husband left and the amount of time that has passed since he left. Another important issue is that once an individual is the subject of a deportation order, he must confirm his departure with the authorities. Failure to report departure could result in the Canadian authorities issuing a more serious order, making re-entry more difficult.

Book an appointment with an immigration lawyer to advise you on the finer details of your case.
- Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars. Submit questions and comments to: Email: info@deidrepowell.com. Subject line: Immigration. Find her on Facebook: jamaicanlawyer.  Tel: 613-695-8777.


Comments

Popular posts from this blog

Can my boyfriend sponsor me

Dear Miss Powell, I am a Jamaican citizen and I live with a man who is a Canadian citizen, even though he was born in Jamaica. We have been living together for the past two and half years in Jamaica and we own a small business. We buy and sell household goods and small appliances. He usually goes to the USA and Canada to buy the stuff for the store, and I manage the store. I asked him if he could sponsor me, as I would like to go back to college to certify as a nurse. I see where that kind of job pays well. I have the subjects, and it has always been my dream. He said that he won’t be able to sponsor me since he hasn’t lived in Canada for over four years, and he doesn’t even pay taxes there anymore. Is this true that he can’t sponsor me? What information could we provide them to qualify? Looking forward to your response in The Gleaner. Thank you. JO Dear JO, Canadian citizens may be able to sponsor a spouse, common-law or conjugal partner, even if they are living outside of C...

Immigration Corner | Married to a Canadian, will they harass me?

Immigration Corner | Married to a Canadian, will they harass me? : Dear Miss Powell, I am married to a Canadian citizen. Before we were married, I had my visitor’s visa, so I was going back and forth, and he did the same. That works out good for both of us as we are very busy with our work, plus my husband says he... The immigration officer will not “harass” you because you are now married. However, you should expect to provide explanations about the reason for your visit and whether you are considering living or working in Canada. You should be honest with them as you could be barred from Canada for approximately five years for misrepresentation and have difficulties with future applications.

Immigration Corner | Why does it cost so much to go to Canada?

  Dear Miss Powell, Why does it cost so much to go to Canada? I spoke to a consultant and he said I need to have at least CDN$15,000 to pay to go Canada. Honestly, Miss Powell, if I had that amount of money to give the Canadian government, I wouldn’t need to leave Jamaica. I am a professional with a little savings with my mother, and an old house that my grandmother left me, but I can’t give that money away. Why do they charge so much? Is there a programme that doesn’t need so much money? AF Dear AF, If you wish to apply via the Express Entry System under the Federal Skilled Worker Programme, or Federal Skilled Trade Worker, you must demonstrate that you have the financial means to support yourself and your family when applying for permanent residence, with a few exceptions. The required amount is called ‘settlement funds’. The government of Canada does not take the funds from you. The only fees taken from you after you receive an invitation for permanent residence are the applicat...