A removal order Does not have to mean the end of your stay in Canada. Here at Crest Attorneys, we use a strategic approach to help halt removal orders and protect your right to remain. In this article, we will guide you through practical solutions if you are  facing deportation in Canada.

A removal order is a directive from the Canadian government requiring a non-citizen to leave the country. These orders arise from legal proceedings and are issued for several reasons, including immigration violations or criminal convictions. Understanding the process and the different types of removal orders is essential to determine the best way to respond.

The Canada Border Services Agency (CBSA) initiates removal orders by identifying individuals who no longer have the legal right to stay in Canada. A removal order can be issued at an immigration hearing or directly by the CBSA. While it is normal to feel overwhelmed in this situation, understanding the legal framework behind removal orders can help demystify the process and guide you to take proactive steps.

Several factors can lead to a removal order in Canada:

1. Immigration Violations: Common causes include overstaying a visa, working without authorization, or failing to meet the conditions of a study or work permit.
2. Criminal Convictions: Individuals with certain criminal convictions, especially for serious offenses, may face removal orders. Even lesser offenses can complicate immigration status. One common reason for a removal order is a conviction for impaired driving due to alcohol consumption, which can have serious immigration consequences even if it is a first offense.
3. Misrepresentation: Providing false information or omitting details during the immigration application process can lead to removal.
4. Residency Requirement Violations: If a permanent resident fails to meet Canada’s residency obligations, they may be subject to removal.
   Knowing the reason behind a removal order is critical, as it helps individuals understand their rights and available strategies.

• Timely Action: Appeals must be filed within a specific timeframe after the order is issued, which varies based on the type of order.

• Presenting Evidence: Strengthening your case often requires submitting evidence, such as witness statements, letters of support, and proof of your ties to Canada.

• Human Aspect: Emphasize the impact of removal on your life in Canada—such as family and community connections, which can improve your chances of success.

An immigration lawyer can help formulate a compelling argument and ensure you’re fully prepared for any hearings or document submissions.

Humanitarian and compassionate (H&C) applications can play a significant role in halting a removal order. Under Canada’s Immigration and Refugee Protection Act (IRPA), individuals may apply for relief based on humanitarian grounds. Factors that might support an H&C application include:

• Length of Time in Canada: Demonstrating long-term residence and strong ties to Canadian communities.

• Risk of Hardship or Persecution: Evidence of potential hardship or persecution in your home country.

• Family Ties: Proof of close family relationships in Canada, particularly with citizens or permanent residents.

An H&C application can be challenging to prepare, and working with an immigration lawyer can ensure that your case is presented effectively.

In some cases, choosing a voluntary departure may be a viable option. Leaving Canada voluntarily rather than waiting for enforcement can reduce penalties and may shorten any re-entry bans. However, this option carries significant considerations:

• Requirements: Voluntary departure often involves notifying authorities, providing evidence of travel plans, and complying with other requirements.

• Relinquishing Appeals: Choosing voluntary departure usually means giving up the right to appeal.

An immigration lawyer can clarify the implications of voluntary departure and help you make an informed decision.

If you are facing a removal order, it’s crucial to contact an immigration lawyer immediately for expert advice. Their guidance can make all the difference in protecting your future in Canada.

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