You are living the Canadian dream—making the most out of life, enjoying every moment, gaining experiences and growing as an individual. However, you still harbor your biggest fear of being deported from Canada, because you are an immigrant.
Many deportation cases are handled by the government as the Canadian Border and Services Agency (CBSA) is accountable for protecting the country’s borders from inadmissible persons. It will not hesitate to proceed with removals against inadmissible persons who are in Canada.
What are the reasons for Deportation?
The most common cause for deportation is staying in a country illegally. An individual can enter as an inadmissible person or could have entered with a temporary visa and overstayed. The most common reasons for inadmissibility include security issues, financial concerns, health issues, criminal charges or misrepresentation. If you have entered Canada as an inadmissible person, you will be subject to deportation.
Also, people who enter Canada legally with valid visas to study or work may end up staying long after the permit has expired. For example, a student who enters Canada to study and stayed to work without a visa extension would be working illegally in the country. That is the reason why it is important for individuals to stay up-to-date on their visas and renewals to avoid deportation from the country.
How to Stop a Deportation Order in Canada?
There are a number of approaches people can take to stop deportation proceedings. This comprises a sequence of events that are listed below:
- The potential deportee receives a letter from the Canadian Border and Services Agency requesting him or her to attend an interview at the local Immigration Enforcement office. This letter usually arrives after the individual has submitted an application to stay in the country or after a failed hearing.
- The potential deportee attends the interview and is given a removal date in writing, which is usually about a month later.
- The individual can either fight the deportation order or choose to prepare to leave the country. To fight the order, the individual must contact an immigration lawyer as it is a complicated process.
How to fight a Removal Order?
Just a plain request to delay the removal order will not be sufficient. Thus, the first step the individual must take is to request Canada Immigration to stop the removal based on valid reasons. These can be educational/work purposes, medical issues or waiting on a pending application for Canadian permanent residency.
In most deportation cases, Canadian Immigration will not approve to defer removal. It is their obligation to proceed with deportations if they consider it as a “deserving” case or cases.
However, the individual can prepare for a Federal Court Stay if the request for delay is denied. It is a motion to Canada’s Federal Court requesting them to stop the removal. There are many technicalities involved to prepare for and argue a Stay. The candidate must seek professional help. Research, drafting legal arguments, and assemble supporting documentation requires professionals.
A judge will review these submissions. Oral arguments are then carried out by lawyers from both sides; both from your side and Canada, before a Federal Court Judge. The judge will consider different factors before deciding on whether or not to refuse or grant the Stay. A few examples include: compassionate and humanitarian grounds, reasons for inadmissibility, harm to the individual and his/her family, and more.
The removal is stopped if the Stay is approved. It can be granted on a number of factors. For example, pending application for permanent residency, an honest appeal, or some other genuine reason. However, the deportation order is carried out according to schedule if the Stay is denied, and the individual is removed from the country.
In order to avoid deportation, the individual must act quickly. Once a letter is received from Canada Immigration, it’s important to not delay and act accordingly.
Why Hire an Immigration Lawyer?
Immigration lawyers possess the expertise and experience in dealing with deportation cases. It is a very difficult and daunting process to face alone. That’s why a professional is consulted to give the potential deportee the best chances of success in a deportation case.