What happens after you receive a removal order in Canada?
- February 27, 2023
- Posted by: ASIFCONSULTING
- Category: News Update
What happens after you receive a removal order in Canada?
When someone is deemed inadmissible to Canada, a removal order is issued, but the person receiving the order has the option to appeal the decision. Read on to learn more about the appeals process for removal orders.
If you are found to be inadmissible to Canada, you may be issued one of three types of removal orders.
Removal orders are classified into three types.
A departure order is the first and least “severe” type of removal order. The inadmissible party must leave Canada within 30 days of the departure order taking effect under this type of competent authority. They must also notify CBSA of their departure at their port of departure. This is the least severe of the three removal orders because it includes a provision stating that “if [the individual] leaves Canada and [follows] these procedures, [they] may return to Canada in the future [if they] meet the entry requirements at that time.”
Note: A departure order becomes a deportation order if the individual does not leave Canada within 30 days or does not formally confirm their departure with CBSA. If the person wishes to return to Canada in the future, authorization to return to Canada (ARC) must be obtained.
An exclusion order, the second most severe type of removal order, prohibits re-entry to Canada for one year. This period is extended to five years if the order was issued due to any type of misrepresentation. If they apply for an ARC, recipients of this order may be able to return to Canada in less than a year. Finally, an important requirement of exclusion orders is that if the CBSA paid for the removal of the individual in question, they must repay that amount. Deportation orders are the most severe type of removal order and preclude the individual from returning to Canada unless they apply for an ARC. Similarly to the exclusion order stipulation, the individual being deported should always repay any removal costs initially paid for by the CBSA, and in this case, repayment of this cost is required before being eligible to return to Canada at all.
To appeal the decision, a foreign national who holds a permanent resident visa or is a Canadian permanent resident/protected person must submit a notice of appeal to the Division along with the removal order.The Immigration Appeal Division must receive the notice of appeal and the removal order within 30 days of receiving the formal request.
It is now the responsibility of the Appeal Division to provide the notice of appeal and the removal order to the Immigration Minister as soon as possible, Subsequently, the Minister must prepare an appeal record that includes the following:
- A table of contents
- The removal order
- Any relevant document(s) pertaining to the removal order or to an issue in the appeal
- A description of the reasons behind the Minister’s decision to make the remove
- The Minister must now provide the appeal record to both the individual filing the appeal and the Immigration Appeal Division. Simultaneously, the Immigration Minister must provide the Immigration Appeal Division with a written statement detailing how and when the appeal record was made available to the person filing the appeal.Please keep in mind that the process outlined above must be completed within 45 days of the Minister receiving the notice of appeal.
If the Immigration Appeal Division does not receive the appeal within 45 days, they may request an explanation from the Minister as to why the appeal record was not provided on time and why the appeal record should be accepted late. Alternatively, the Appeal Division may schedule and hear the case start the hearing without (or with only part of) the appeal record.
In this case, any foreign national with a permanent resident visa or who is a Canadian permanent resident (or a protected person) can do so if they file their notice of appeal at the end of their hearing. The notice of appeal can be delivered in person to the Immigration Division member who issued the decree of divorce or mailed directly to the Immigration Appeal Division, in conjunction with the removal order.At this time, it is the responsibility of the Immigration Division to forward the provided notice to the Immigration Appeal Division without delay in cases that align with the first bullet point above.
In the event that a declaration of appeal is filed,
Following this step, the Immigration Appeal Division must provide the Immigration Minister with both the notice of appeal and the removal order as soon as possible, during which time the Immigration Division must prepare an appeal record that includes:
- A table of contents is provided.
- The eviction notice
- The admissibility hearing transcript
- Any document(s) admitted as evidence during the admissibility hearing
- A rationale for the Immigration Division’s decision to issue the removal order.
The Immigration Division must then provide the appeal record to the individual filing the appeal, the Minister, and the Immigration Appeal Division within 45 days of receiving the notice of appeal.
Obtaining assistance in appealing a removal order
It can be difficult to understand all of the details involved in removal order appeals. However, hiring an immigration attorney can make things much easier. Professionals in immigration law can:
- Assist in the preparation of an appeal
- Ensure that applicants do not make mistakes.
- Respond to the Canadian government on behalf of an applicant
- Utilize their expertise to avoid unnecessary delays during the various appeal processing steps.
Humanitarianism continues to be a significant component of Canada’s immigration strategy.
Since the 1950s, Canada has provided foreign aid to less fortunate countries all over the world.
From joining the Colombo Plan to support Commonwealth countries throughout Asia in 1950 to the establishment of the Canadian International Development Agency in 1968 and other such assistance measures, Canada has historically performed significant work to support and help developing nations throughout the globe.
A significant part of Canada’s humanitarian commitment has been to accept refugees and other vulnerable populations as naturalized citizens (PRs).Over the five-year reporting period, Canada welcomed 218,430 new refugees as permanent residents, according to the 2021 census (2016 to 2021).
60,795 of these refugees were born in Syria, constituting 27.8% of all newly admitted refugees. Pakistan (7,810), Afghanistan (9,490), Eritrea (13,965), and Iraq (15,505) were the other top birth countries of recent Canadian refugee immigrants, with the majority of whom were granted refugee status in Canada following a recommendation from the United Nations, a designated referral organization, or a private sponsor.
Finally, between 2016 and 2021, Canada welcomed nearly 85,000 immigrants who came to the country as protected persons and were granted permanent residence.
Thinking forwards
Canada intends to remain a beacon of hope for the world’s most vulnerable people. Canada’s latest Immigration Levels Plan—for 2023 to 2025, released on November 1, 2022 — includes the following targets for how many newcomers the country would like to welcome both as refugees and on humanitarian and compassionate grounds.
Between 2023 and 2025, Canada expects to welcome approximately 260,000 new immigrants under these categories.
On “humanitarian and compassionate grounds,” Canada hopes to welcome 92,290 refugees and newcomers in 2023 (19.8% of Canada’s total 2023 immigration target).
The following year, Canada expects to welcome 89,865 immigrants from these two categories (18.5% of the total immigration target for 2024).
Finally, by 2025, Canada hopes to welcome 80,750 refugees and newcomers (on “humanitarian and compassionate grounds”). Based on that year’s total immigration target, this figure represents 16.1% of all target immigrants in 2025.
Note: Annual numbers and percentages vary in part because the number of refugees resettled in Canada each year is determined by how many people are identified as refugees by both private sponsors and The Government of Canada United Nations Refugee Agency (UNHCR) under the Refugee and Humanitarian Resettlement Program.
The importance of making sure to submit a complete electronic application under Express Entry
It is critical that prospective Canadian immigrants understand what to do after receiving an Invitation to Apply for Permanent Residence through Express Entry.
Express Entry has long been a popular immigration route for foreign nationals seeking to immigrate to Canada.
Because of the popularity of this immigration route, it is critical that individuals who receive an Invitation to Apply (ITA) understand exactly what to do when completing their online application for Canadian permanent residence (PR).
Indeed, Canada intends to welcome 305,900 immigrants between 2023 and 2025 via the Express Entry application management system, which manages immigration applications submitted through three programs: the Canadian Experience Class (CEC), the Federal Skilled Workers Program (FSWP), and the Federal Skilled Trades Program (FSTP).
According to Canada’s most recent Immigration Levels Plan, the total target of 305,900 immigrants over the next three years trails only Canada’s Provincial Nominee Program (PNP) target (2023-2025)
Now that you have a basic understanding of Express Entry, it is critical that prospective Canadian immigrants understand the consequences of an incomplete Express Entry PR application and what they can do to avoid making this mistake.
The ramifications of an incomplete Express Entry application
If Immigration, Refugees, and Citizenship Canada (IRCC) receive an incomplete application for permanent residency in the country, the file will be returned to the applicant.
To avoid the consequences of submitting an incomplete Express Entry application, the following will provide prospective immigrants to Canada with a few key points to keep in mind as they implement PR after receiving an ITA.
To begin, if an Express Entry candidate is aware that they will be missing a document required by IRCC as part of a PR application, they must include a separate document with their submission that explains why the document is missing.
Acceptance of this justification for document omission is entirely at the discretion of IRCC and the immigration officer/authorities handling a given case.
Canadian PR applicants must also keep in mind that any submission materials, including stamps and seals that are not in English or French, must be translated into the format required by the Government of Canada. Document translation information can be found here.
For comparison purposes, because the format of different police certificates varies by issuing country, IRCC requires very specific requirements for police certificate submissions. As a necessary consequence, all applicants must carefully review IRCC’s submission requirements, and failure to provide a police certificate in accordance with Canadian guidelines will lead to significant in a returned application.The principal applicant, their spouse or common-law partner, and any dependent children aged 18 or people aged must please send this documentation (including non-accompanying)
.
Medical Examination Confirmations
Medical examination confirmations submitted as part of a permanent residence application must be current at the time of submission, and the immigration medical examination (IME) number must be included in the application. Either the information printout or the Upfront Medical Report form [IMM 1017B] must be included with the PR application.
The principal applicant, their spouse or widely accepted partner, and their dependent children must submit this documentation (including non-accompanying).
Work Experience Demonstration
For each declared work experience, the applicant must submit a reference or experience letter from the employer or “articles of incorporation or other evidence The principal applicant and their spouse or common-law partner must please send this documentation (if claiming work experience in Canada).
Note: A complete list of required documents for a Canadian PR application, as well as specific requirements for each document, is available on the Government of Canada’s website. evidence of business ownership, evidence of self-employment, and documentation from third-party individuals indicating the service provided along with payment details” (if self-employed).
Ontario, British Columbia and Manitoba issue invitations in latest Provincial Nominee Program draws
Three provinces have issued invitations to candidates this week. Ontario, British Columbia, and Manitoba have issued invitations to apply to candidates through their most recent rounds of provincial nominee program (PNP) draws.
Except for Quebec and Nunavut, the majority of Canadian provinces and territories run their somebody else’s PNPs. Through these programs, interested candidates may be provided with an application for provincial nomination. Receiving a provincial nomination can help you gain permanent residence.
Quebec’s immigration programs are administered by the province and are distinct from those of Canada. Quebec is the only province in which all economic class immigrants are subject to control.
The term “ecosystem” refers to a group of people who work in the construction industry. It started in 1998, and the annual number of PNP admissions has steadily increased since then. Both the federal and provincial governments see it as a useful tool for promoting economic development outside of urban areas.
This stream is for international students with a job offer in a skilled occupation. The job offer must be for a skilled occupation in TEER (Training, Education, Experience, and Responsibilities) category 0, 1, 2, or 3 of the National Occupational Classification (NOC).
Ontario also invited 692 candidates through the Master’s Graduate stream on January 25. Candidates who were invited had a minimum score of 44.
Candidates must meet a baseline of eligibility criteria, such as the following, to be considered for this stream:
Must have a master’s degree from an eligible Ontario university.
Language requirement: Level 7 or higher on the Canadian Language Benchmark (CLB) (English or French).
Must have lived legally in Ontario for at least one year in the previous two years.
British Columbia
British Columbia issued 221 invitations to apply to candidates in a general draw that included tech occupations on January 24.
Candidates in the Skilled Worker and International Graduates categories, as well as Express Entry candidates, received invitations.
Entry-level and semi-skilled candidates were also invited. The SIRS score for the general draw ranged from 82-102.
SIRS functions similarly to the Express Entry Comprehensive Ranking System (CRS), but is only used for British Columbia’s PNP.
The province also held rounds of invitations for candidates working in the following occupations.
31 early childhood educators and assistants (NOC 4214) with at least 60 coordinates; 18 healthcare workers from the Skilled Worker, International Graduate, including Express Entry category, with at least 60 points; and Other in-demand occupations with at least 5 – 10 points.
On January 26, Manitoba invited 336 candidates through the Manitoba Provincial Nomination Program. To receive an invitation, candidates must meet a set of criteria specific to their program. The province extended invitations to:
Skilled Workers in Manitoba issued 253 invitations with a minimum score of 726.
Skilled Workers Overseas sent out 23 invitations with a minimum score of 713.
International Education Stream issued 60 invitations with no score requirement.
We, as Immigration Consultants, are always available to assist our esteemed clients with their immigration and travel needs. As Canadian immigration consultants, we will keep you up to date on the latest rules and regulations. So stay in touch with us.Consultancy services, Global citizenship, Business Immigration, Skilled Immigration, Study visas, Visit visas, and Scholarships are all available from our expert immigration consultants. Keep in touch with us for the most recent information on the immigration process.
For more information, please call us at 051-8314775 or +923338888470.