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You've received a Removal Order from Canada. Now what? You cannot legally remain in Canada and must leave the country. Depending on the circumstances you may either have to leave immediately or you may have the chance to appeal.
Those who receive a removal order are due to:
It can be extremely frustrating if your application for Permanent Residency is refused and you feel as though your specific case is justified. In these special circumstances, you may be able to apply under the Humanitarian and Compassionate consideration, better known as H&C. There are several restrictions with respect to examination of applications for H&C consideration.
A foreign national who is inadmissible or who does not meet the requirements of the Act or Regulations may make a written request for consideration of H&C under A25(1).
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Have you been removed or deported from Canada previously and are ready to travel back there again? Most people, when removed or deported from Canada, don’t know how to get back into the country again, they do not even know if they are able to do so. At Akrami & Associates, we can help you decipher whether or not you are eligible or authorized to return to Canada. At Akrami & Associates, we have a team of knowledgeable and experienced associates who have successfully solved over 15,000 cases and would be more than happy to help you with your legality needs/inquiries as well.
Not to be confused with Temporary Resident Permits (TRP), Authorization to Return to Canada, also known as ARC is the process one has to go through if they have previously been removed from Canada. There are three ways in which you can be removed from Canada, the first being a Deportation order, followed by Exclusion Order and the last being a Departure Order. As mentioned earlier, do not confuse the authorization to return to Canada with a TRP. A TRP, the abbreviation for the term “temporary resident permit”, is a makeshift permit that grants you entry into Canada if you have an inadmissibility issue such as DUI, felony, misdemeanor etc. ARC applications are for individuals depending on the type of removal order they got based on that it can be determined what you need to apply for. For example, if you had come to Canada as visitor, student or worker and you overstayed your welcome stay then you would need to apply for an ARC application as you violated an immigration rule. Another example would if you misrepresented yourself meaning you lied on your application or withheld information from an immigration officer. Also if you were removed for health reasons from Canada you would need to apply for ARC application. The main difference between a TRP and an ARC is the reasoning behind each stay. For a TRP, you are insisting on residing in Canada for a specific period of time whereas for an ARC, you are asking permission to return to Canada because the Canadian government has previously removed you. Authorization to return to Canada, likewise its name, is the approval you have to get from the government to be able to enter the country again.
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Have you planned your trip to Canada and have come to Canadian border and denied at the Port of Entry? Well if this is your situation you are not the only one!! We get dozens of calls every day about individuals being denied entry to Canada and are not exactly sure why they have been turned back at the port of entry. Well, there could be many reasons for being denied entry ranging from minor to major criminal offenses that you might have been convicted years ago. To name some reasons why you could be denied entry Canada are as follows:
Possibly being a security risk to Canadian citizens
The cases that do not fall under the more common applications for permanent residence either within family class or economy class are considered under H&C (humanitarian and compassionate considerations). These are generally unique, complex, and favourable cases decided on an exceptional basis. The H&C class allows the immigration officer or minister to grant permanent or transient residency in Canada to applicants who would otherwise not be able to meet the statutory and regulatory criteria. Individual who apply under this criteria generally are doing so as a final attempt to remain in Canada and were often unsuccessful to gain even refugee status.
The H&C applications are made from outside of Canada. However there is an exemption for a person living in Canada to apply for it, only in circumstances which would show that a person would face undeserved, unusual or disproportionate hardship if required to leave. This exemption does not include inconvenience of leaving an established life in Canada.
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It is important to note that H&C class is not intended as a parallel process to refugee determination. Refugee claimants may not submit an application for permanent residence for H&C considerations while under refugee claims are still in process. Designated foreign national may not apply for H&C for at least five years after the day of their designation or if there is a refugee claim or an appeal pending before a division of the IRB.
For those that may apply for H&C, their application is assessed on its own merits; officers consider the humanitarian and compassionate consideration for each application on individual basis of the applicant’s personal circumstances.
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