Thu | Sep 20, 2018

Immigration Corner | Husband ordered to leave Canada

Published:Tuesday | February 28, 2017 | 12:00 AM

Dear Ms Powell,

My husband was in Canada and was ordered to leave. He came back to Jamaica and we started a business and it is doing well. We want to visit Canada again, but I spoke with someone who said he and I may be considered inadmissible to Canada. Is this true? How do we get permission to visit Canada without any hassle?

- TT

Dear TT,

Individuals may be asked to leave Canada and therefore be deemed inadmissible for various reasons. The main categories of inadmissibility are security concerns, human or international rights violations, organised criminality, serious criminality, health, financial misrepresentation, non-compliance, and inadmissibility of a family member.

Based on these rules, your husband's actions can have a negative impact on you, especially if you plan to travel to Canada at the same time.

The steps will be based on the type of order and the reason the order was issued.

A removal order does not automatically mean that your husband and the rest of the family cannot return to Canada in the future. The key issue is what kind of order was issued, how long has passed since the order was issued, your reason for wanting to visit Canada, and your financial activities. Your husband will need to show strong emotional, financial, and social ties to Jamaica.

If an individual is the subject of a departure order or a direction to leave and he left Canada within 30 days after the departure order was issued, he may be authorised to enter Canada provided he still has a valid temporary resident or visitor's visa. You will both be subject to the normal examination at the port of entry, and no additional application is required prior to departure from Jamaica.

An individual who has been removed as a result of an exclusion order cannot return to Canada before 12 months has passed without written permission from Canadian authorities. Once the one year has passed, the individual may return to Canada on a valid visa but expect the usual examination at the port of entry.

If a deportation order was issued, this has a permanent effect of barring an individual from returning to Canada without special permission, and a well-drafted application will need to be submitted along with the requisite fee to the visa application centre in Jamaica.

A key issue is when your husband left and the amount of time that has passed since he left. Another important issue is that once an individual is the subject of a deportation order, he must confirm his departure with the authorities. Failure to report departure could result in the Canadian authorities issuing a more serious order, making re-entry more difficult.

- Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars. Submit questions and comments to: Email: Subject line: Immigration. Find her on Facebook: jamaicanlawyer.

Tel: 613-695-8777.