Legal Help

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    Removal Order
    • Have you been issued a Removal Order?

      Removal Orders arise in the following circumstances:
      • The Immigration Division (ID) or Immigration Appeal Division (IAD) determines that a Removal Order should be issued after a hearing, and issues an Order
      • A Canada Border Services Agency (CBSA) Officer issues a Removal Order after an examination
      • An individual submits a refugee claim, and so receives a conditional Removal Order that will come into effect shortly after the refusal of the refugee claim
      If you have received a Removal Order, it is important to understand the type of Removal Order you have received, its consequences for your stay in Canada, and whether you can challenge the decision. In all cases, time is of the essence.
      Types of Removal Orders and their Consequences:
      • Departure Order – a departure order requires that you leave Canada within 30 days, confirming your departure with the CBSA on exit from the country. If you do not leave Canada within the 30 days, in nearly all cases the departure order will become a deportation order.
      • Exclusion Order – an exclusion order requires that you leave Canada, confirming your departure with the CBSA on exit from the country. Depending upon the reasons for which the exclusion order was issued, you will be barred from making an application to return to Canada for one to five years.
      • Deportation Order – a deportation order requires that you leave Canada, confirming your departure with the CBSA, failing which the CBSA will arrange for your removal from Canada. If you leave Canada under a deportation order, you will require an Authorization to Re-Enter  (ARC) should you ever want to return to Canada.

      Removal Orders, in all cases, require that you leave Canada. If you fear return to your country of nationality or habitual residence, you may make an application for Pre-Removal Risk Assessment (PRRA) to have your risks assessed prior to removal.

      Challenging Removal Orders

      Permanent Residents may have a right to appeal the Removal Order to the Immigration Appeal Division.
      Whether you have a right of appeal as a permanent resident will depend upon why the Removal Order was issued. If it has been determined that you are inadmissible for organised criminality, crimes against humanity, espionage, or other more serious forms of security concerns, there will be no right of appeal. Also, if you are found to be inadmissible for serious criminality and received in Canada a sentence of detention of six months or more, you will not have a right of appeal. In these circumstances, you may still challenge the decision to the Federal Court of Canada.
      Foreign Nationals may not appeal their Removal Orders to the Immigration Appeal Division (IAD). However, the decision to issue a Removal Order may still be challenged to the Federal Court of Canada.
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    Implied Status

    If a visitor, student, or foreign worker applies to extend their status before that status expires, they can legally remain in Canada until a decision is made on the application. In this situation, the person has implied status.

    Temporary residents wishing to extend their stay in Canada must apply to extend their permit at least 30 days before the permit expires. However, if their application is still processing when the previous permit expires, they can still remain in Canada under the same conditions of their previous permit until they receive a decision on their application.

    For example, a temporary worker who submits an application to extend his or work permit before it expires can remain in Canada working in the same job for the same employer, while awaiting a decision.

    However, if the temporary worker has applied for a different type of permit — for example, a work permit for a different employer, or a study permit — he or she must cease working on the date his or her current permit expires.

    If the application is approved, the individual (and his or her family, if applicable) may remain in Canada under the conditions of the new permit. The new permit will state the date of issue. This may mean that there is a period between the expiry of one permit and the issue of the next permit. However, this should not pose a problem if the individual should later apply for permanent residence as it is accepted by immigration officers that this period is covered by implied status. The permit will generally also state that the holder maintained their status until the new permit was issued.

    Leaving Canada while on implied status

    It is important to note that implied status applies only as long as the applicant remains in Canada. If a temporary resident in Canada on implied status leaves the country, he or she may be permitted to re-enter as a temporary resident Canada if:
    • He or she is exempt from the requirement for a Temporary Resident Visa (TRV)
    • He or she has a TRV.

    However, an individual with implied status would not be able to resume his or her work or studies (as applicable) until a decision is made on the application for the extension of status. Additionally, he or she may have to provide evidence to the officer at the Port of Entry of sufficient means of financial support while awaiting the decision. It is strongly recommended that anyone under implied status who leaves Canada brings proof of application for an extension of his or her permit.

    In effect, an individual with implied status (either to work or study) gives up his or her right to work or study upon leaving Canada, until a decision is made on the application to work or study in Canada.

    For example, if a student who has applied to extend his or her study permit leaves Canada, he or she may be able to re-enter the country. However, he or she would then not be able to resume his or her studies until a decision is made on the application. If he or she had remained in Canada on implied status, he or she could have continued to study in Canada legally.

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    Residency Obligation

    Canadian permanent residents have the right to enter and live in Canada

    Canadian permanent residents must meet certain residency obligations or they may lose their permanent resident status. Two years (730 days) of “residency days” must be accumulated in every five-year period. Residency days need not be consecutive and may be accumulated inside or even outside Canada in the following ways:
    Inside Canada:
    By physical presence

    Outside Canada in the following ways:

    • By accompanying a spouse/common-law partner who is a Canadian citizen
    • As a child accompanying a parent
    • By employment on a full-time basis with a Canadian enterprise or the Public Service of Canada
    • By accompanying a Canadian permanent resident who is outside Canada and who is employed on a full-time basis by a Canadian enterprise or the Public Service of Canada as the employee’s spouse/common-law partner or child.

    The calculation of residency days for a person who has been a Canadian permanent resident for more than five years will be limited to the five years immediately preceding the examination. Persons who have been Canadian permanent residents for less than five years must demonstrate that they will be able to meet the residency requirement during the five-year period immediately following their becoming a Canadian permanent resident.

    Canadian permanent residents who plan to re-enter Canada by common carrier (plane, train, bus, boat) will have to show their Canadian Permanent Resident Card or Temporary Travel Document before boarding.
    Canadian citizenship is voluntary and may be applied for after three (soon to be four) years of residence in Canada.
    Canada recognizes multiple citizenship- you can have more than one passport.
     
    Passport Application

    To apply for a Canadian Passport, proof of identity for applicants age 16 and over must be provided. The identity documents must be issued by a federal or provincial/territorial government authority, or local equivalent abroad, and must include:

    • name
    • date of birth
    • sex
    • photo
    • signature

    One can submit one or more supporting ID documents to prove all of the above elements. Otherwise, if one element is missing, the application will be refused.

    When an individual applies for a new passport in an assumed relationship surname/ family name that is different from the name on his/her birth or citizenship certificate, that person must submit one of the following documents, along with their birth or citizenship certificate:

    • a marriage certificate
    • a common-law relationship certificate
    • a court order (i.e. separation agreement or divorce order/judgment) issued by a court of law in or outside Canada
    • a certificate to dissolve a registered common-law relationship
    • a resumption of surname certificate.

    The identity document submitted together with the passport application, must display the relationship surname that the person is requesting.

    It is important to notify Passport Canada immediately should your passport be lost or stolen. There will be a for replacement of a passport.

    Canadians Living Abroad

    Applicants for a Canadian passport living outside Canada have the option of choosing a guarantor who is:
    • an adult with a valid or recently expired Canadian passport (less than a year)
    • a member of the approved list of occupations and persons below:
    The guarantor does not need to be a Canadian citizen, if they are in one of the following occupations:
    • Medical doctor
    • Dean/head of university or college
    • Dentist
    • Judge
    • Lawyer/notary
    • Notary public
    • Pharmacist
    • Police officer
    • Signing officer of a bank or trust company or of a financial institution that offers a full range of banking services (cash withdrawals, deposits, savings)
    • Veterinarian

    Passport Refusals

    In the event that you have been refused issue of a passport, your passport is revoked and/or you have been refused passport services, you may appeal and seek judicial review of the decision in Federal Court.
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    Immigration Appeal

    Have you been refused?

    Our Senior Lawyer, Sonia Akilov, has extensive experience representing clients at the Federal Court, IAD, and IRB.

    Under the Immigration and Refugee Board, there are two avenues for the appeal process depending upon the type of appeal:

    Refugee Appeal Division (RAD)

    • Claimants may be given the opportunity to prove to the Refugee Protection Division (RPD) that the decisions on their original claim was wrong in fact or law or both
    • Claimants may introduce new evidence that was not available at the time of the initial RPD process
    • Paper-based appeal, oral hearings may be necessary in exceptional cases.

    Immigration Appeal Division (IAD)

    • For appeals relating to residency, sponsorship or removal orders.
    In order for the Immigration Appeal Division (IAD) or Refugee Appeal Division (RAD) to review your decision, you must obtain leave after they have reviewed your documents. During this stage of the process, you must demonstrate to the IAD that an error was madeor that the decision was in some way unfair or unreasonable. Once leave has been established, you and your representative can attend a hearing before the IAD to further explain your reasons for appealing.
    Under the IAD, appeals for each application differ slightly:

    Sponsorship appeals

    • 30 days to appeal
    • Appeal will be approved or dismissed:
      • If the appeal is approved, your case will continue at CIC for processing.  If you are subject to a secondary refusal, you may begin the appeal process again.

    Removal order appeals

    • 30 days to appeal
    • Appeal may be:
      • Approved – you may remain in Canada;
      • Dismissed – you will have to leave Canada;
      • Stayed – removal order will be suspended and appellant may stay in Canada under conditions until the stay is reviewed and the appeal reconsidered.

    Residency obligation appeals

    • 60 days to appeal
    • IAD member will hold a hearing
    • Appeal may be:
      • Allowed, permanent resident status restored;
      • Dismissed, status will be revoked and, should the appellant be in Canada, a removal order will be issued.
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    Authorization to Return to Canada

    Have you ever been issued a departure order, deportation order or exclusion order?

    If you have been the subject of a removal order from Canada you will probably need an Authorization to Return to Canada (ARC) if you want to return. Whether you need one depends on the type of removal order that was issued.

    Types of removal orders:

    Look at the document you received from Citizenship and Immigration Canada or the Canada Border Services Agency before you left Canada. The form number will tell you the type of removal order. There are three types of removal orders.

    If you received a Departure Order and:

    • left Canada within the required 30 days and
    • verified your departurewith a Canadian immigration officer at the port of exit

    then you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.

    Please Note:  If you left the country without verifying your departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you need to apply for an ARC.

    If you were issued a Exclusion Order and:
    • 12 months have passed since you left Canada and
    • you have a Certificate of Departure (IMM 0056B) showing the date you left Canada
    You NEED an ARC if you wish to return to Canada less than 12 months after the Exclusion Order was issued or do not have a Certificate of Departure,.

    Deportation Order

    If you have been the subject of a Deportation Order you will NEED to apply for an ARC.

    Please Note:  If you were deported because of criminal inadmissibility, you will need to apply for criminal rehabilitation first. You may also need a Temporary Resident Permit to be allowed into Canada. So in addition to the ARC you may also require other documents to enter Canada. Please contact us for further clarification on this. We are here to help you move forward!

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    In SEP Immigration company we are dedicated to ensuring that you meet Canadian immigration requirements.

    ADDRESS

    5300 Yonge Street, Suite 205, Toronto, ON, Canada

    PHONE

    +1 (647) 864-4224