Mon | Nov 20, 2017

Is he forever inadmissable?

Published:Tuesday | August 19, 2014 | 12:00 AM
Deidre S. Powell

Dear Ms Powell,

My husband was ordered to leave Canada. Is he now considered inadmissible? Does this mean that he cannot apply for a visa again?

- MR

Dear MR,

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 an application for an 'authorisation 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 subject to, he may not be required to apply for an ARC.

Departure order: A departure order requires that a person leaves 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 overstay 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 ARC. 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) organised 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.

There is no absolute guarantee that once he applies for the ARC he will be automatically granted the authorisation 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 there is a possibility that he will repeat the behaviour that caused the order to be issued;

The 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 CAD$400.

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 Citizenship and Immigration Canada.

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.