Skip to main content

Is he forever inadmissible?

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:
  •   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.
The processing fee for ARC is $400 CAD.

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

Popular posts from this blog

Immigration Corner | What is an Authorisation to Return to Canada?

Immigration Corner | What is an Authorisation to Return to Canada? : Dear Miss Powell, I used to live in Canada, but I was sent home. My cousin is getting married and I have an invitation to attend the wedding. Can I reapply for a visitor’s visa? What are the chances of my application being successful? Thank you Dear WW, A foreign national who has contravened the Immigration and Refugee Protection Act (IRPA) and its regulations can be the subject of a removal order from Canada and may need to apply for an Authorization to Return to Canada (ARC), and a Temporary Resident (visitor’s) visa. The success of your application depends on the reason that you were “sent home”, the type of removal order that was issued against you, the length of time that has passed, as well as your current social and economic situation. At the time of your departure from Canada, did you notify the Canadian Border Services Agency? Did they give you a letter confirming your departure? You should have received

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.

Canadian Citizenship as a Wife

Dear Ms Powell, I am engaged to someone in Canada. What are the requirements to get Canadian citizenship? Do I get citizenship automatically after marrying a Canadian citizen? What if our child is born outside of Canada will our baby get citizenship as well? We just need to know these things as we plan our future together. Thank you for your time. A.C. Dear AC, Congratulations on your engagement. You will not automatically get Canadian citizenship, just by marrying someone in Canada, but there a steps to acquiring same. The critical question is what is your fiancé’s legal status in Canada? Is he a visitor, student, worker, permanent resident, or Canadian citizen? If you get married to a permanent resident or Canadian citizen, you will not automatically get Canadian citizenship. However, there are steps that you can take to acquire Canadian citizenship. Sponsorship Application A Canadian citizen or permanent resident can apply to sponsor his spouse or common law/ conjugal