A correct differentiation must be made with the type of removal orders issued in case this position is placed upon you or someone close to you. In this regard, there are generally three kinds of removal orders, each having a certain level of seriousness and consequences: the Departure Order, Exclusion Order, and the Deportation Order. In this post, we outline exactly what each of those removal orders means, what you should do if you receive one, and your options moving forward.
1. Departure Order: The Least Serious of Removal Orders
A departure order is more of a warning than a punishment. It’s like the yellow card in soccer—you’ve been flagged and should be allowed to make it right.
What Is a Departure Order?
A Departure Order is the least severe of the removal orders. You are given 30 days to leave Canada voluntarily if you receive one. Unlike more severe orders, a departure order does not bear as much weight or have long-term consequences yet is still severe. You will not face a penalty if you comply.
You have no penalties if you comply with the Departure Order and leave Canada within those 30 days. You are free to come back to Canada without special permission. The word here is compliance; following the order as it is will be your best option to keep the opportunity open to return later on.
Consequences of Non-Compliance
However, the situation rapidly escalates if you fail to depart Canada within that 30-day period or forget to call the Canadian Border Services Agency to report your departure. In such a scenario, the automatic issuance of your Departure Order becomes a Deportation Order in cases of high seriousness with long-lasting consequences. This yellow card turns into a red card, and things for you just got a whole lot more complicated.
Who Usually Receives Them Departure Orders?
Departure Orders are usually issued only in cases where the applicant’s case is not serious enough, but something has to be done. The following are some common cases when a Departure Order may be issued:
Convention Refugee Claims Rejected: Those whose claims were rejected.
Permanent Residents Not Meeting Residency Requirements: Permanent residents who have not been able to fulfill the residence requirements and other necessities to continue their status.
In such situations, the individual is allowed to voluntarily leave Canada with the agreement that their departure will not negatively impact their possible reentry into the country in the future.
2. Exclusion Order: An Increment of Seriousness
Where the Departure Order is the yellow card, the Exclusion Order is a red card, though with some space for appeal. The exclusion order is graver than a departure order, and the consequences accompanying it are more serious.
What is an Exclusion Order?
An Exclusion Order usually prohibits you from re-entering Canada for a period of time, often one year. If an Exclusion Order is issued based on misrepresentation, the ban gets extended for five years. Misrepresentation means making false declarations or withholding information relevant to your immigration process.
Special Permission Required
If you get an Exclusion Order and want to return to Canada before the ban period is over, then you have to get special permission. This special permission comes with what is called an Authorization to Return to Canada (ARC). An actual application for an ARC is actually a formal application whereby you would be required to give enough grounds for entry into Canada before the exclusion period is complete.
Who is Normally Subject to an Exclusion Order?
Exclusion Orders can be made in the case of a range of violations falling, in terms of their severity, between those for which a Departure Order is made and those which would have led to a Deportation Order.
Examples include:
- Failure to Appear for Immigration Hearings: If you are required to appear in front of an immigration hearing and you fail to do so without a reasonable cause, you will be subject to an Exclusion Order.
- Failure to Present Documents: Anyone who lands in Canada without proper documentation, no documents at all, or no visa risks receiving an Exclusion Order.
- Breach of Visa Conditions: This refers to violating the conditions of your study permit, work permit, or any other temporary visa. The most common reason for issuing an Exclusion Order is when a visa is overstayed.
Example Case: John Overstayed His Visa
Meet John, a visitor visa arrival in Canada who has overstayed his visa beyond what was allowed. Immigration picked this up and served him with an Exclusion Order. Now, John cannot enter Canada for a year. If he wants to return within that year, he will have to apply for an ARC. If he can wait longer than a year, then he can simply reapply for a visa without special permission.
3. Deportation Order: The Most Serious Removal Order
Of all the removal orders, a Deportation Order is the most serious and carries the severest consequences. It is like being given a straight red card and a lifetime ban.
What is a Deportation Order?
A Deportation Order carries with it that one is barred from entrance into Canada, with very few exceptions being made, usually in rare cases and only upon granting special permission. It is the most severe penalty possible under the Canadian immigration system, reserved for the most serious offences.
Need for Special Permission: The ARC
Like an Exclusion Order, if you are issued a Deportation Order, the only way you will be permitted to return to Canada is by obtaining an Authorization to Return to Canada (ARC). However, unlike in the context of an Exclusion Order, it is significantly more challenging to attain an ARC once a Deportation Order has been issued. The Canadian government issues these authorizations on a highly discretionary and restrictive basis.
Who Typically Receives a Deportation Order?
The most serious offence, which may result in the issuance of Deportation Orders under immigration law in Canada, includes the following:
Criminal Activity: A Deportation Order may be issued for committing a crime in Canada, mainly a serious one.
Severe Misrepresentation: If you have lied or omitted an essential fact in your refugee claim or any application to Canada, a removal order might be issued against you.
Due to the seriousness of the circumstances under which individuals receive a Deportation Order, they are not issued lightly. The results are long-lasting, and the opportunity for a successful return to Canada is minimal after the issuance of a deportation order.
What to Do If You Get a Removal Order
You should not waste time if you are served with a removal order. Here are the steps you should consider taking:
- Understand the Type of Removal Order
The first thing you need to do is understand the type of removal order you have received. The different types have their own rules, timelines, and consequences. - Comply with the Order
Complying with the removal order is often in your best interest. By leaving Canada within the specified timeframe, you will avoid additional penalties and keep the possibility of returning to Canada open in the future. - Seek Legal Advice
The law of immigration is complex, and an order for removal is no joke. If you receive one, it would be good to consult with an immigration lawyer who can provide you with professional advice regarding your situation. A lawyer will be able to explain to you all your rights and what appeal possibilities you may have, as well as assist you in the submission of applications for special permits for returning to Canada. - Consider Applying for an ARC
If you have been issued an Exclusion or Deportation Order, you may have a legitimate reason to return to Canada before your inadmissibility period expires. Under such circumstances, you should apply for an Authorization to Return to Canada. The procedure could be more straightforward, and there is no guarantee that your request will be granted; therefore, it is strongly recommended that you consult with a lawyer before proceeding any further.
Conclusion
Receiving a removal order from Canada is a serious matter; thus, the difference in types and what each could mean serves as a basis for making informed decisions. A Departure Order, an Exclusion Order, or a Deportation Order are all different regarding their consequences and procedures. This means that compliance with the order and seeking legal counsel are the best avenues of recourse if one is at the receiving end of a removal order or knows somebody else in such a position. Doing the right thing now can make all the difference in how your immigration matter is carried out.