Canada is one of the most progressive countries that welcomes people from all over the world. However, despite being so welcoming and offering people to come, stay, live, and contribute to the country, the Canadian government and the Canadian Border and Services Agency (CBSA) are also very strict with their rules and regulations, and in case of infringements, deport individuals.
That said, not all deportation cases are the same. There are various reasons why you might be facing deportation, and working with a skilled immigration lawyer can help you fight your charges and get them overturned. Let’s take a detailed look at what to do if you’re facing deportation.
Reasons for Deportation
Your defence against the deportation charges depends on why you’re facing the charges in the first place. Some possible reasons why people face deportation are:
Illegally Staying/Entering the Country
If you came to Canada illegally, you’ll face deportation as soon as the government or the authorities find out about it. Getting into the country illegally includes overstaying after a temporary visa, student visa, expired work visa without renewing, crossing the border, etc.
Criminal Charges
If you’re convicted of criminal charges, especially violent crimes, you may be subject to deportation charges as a punishment.
Misrepresentation in Immigration Application
Misrepresentation of information on your immigration application may result in a person being denied admissibility or facing deportation if found out later. Misrepresentation of information includes purposefully stating your incorrect financial status, medical history, medical requirements, past criminal record, qualifications, etc.
Removal Order
A removal order is given to people who breach the Immigration and Refugee Protection Act in Canada. There are various types of removal orders. However, they all share the same end goal: to get the person issued the removal order out of the country.
Countering Deportation in Canada
Facing deportation doesn’t necessarily mean you’ll have to leave the country. You can contest your deportation or removal order with the help of an immigration lawyer. Let’s take a look at your options:
Appeal your Deportation Charges
Hire an immigration lawyer and explain everything regarding your case. If they suggest, you can appeal your deportation charges.
The basis of the appeal is wrongful accusations or mistakes in applications. For example, a person may have made a genuine mistake instead of purposefully trying to state wrong information in their immigration application, or they may have been wrongfully charged with a crime they didn’t commit.
Defer Your Deportation
You can ask the CBSA to defer your deportation. However, for this, you’ll need a concrete reason. For example, if a person is over five months pregnant or is about to give birth, they may apply for deferring their deportation.
File for a Stay of Removal
You can also go to any federal court and file a stay of removal. The chances of this being successful are very low because you’ll need to prove that deportation from Canada will ruin your life or result in irreparable mental or physical harm.
Return to Canada
If none of the above-mentioned options work, you can work with an immigration lawyer to plan how to return to Canada. You can take various steps to ensure you’re allowed to re-enter.
Firstly, you’ll need to fill out the Application to Return to Canada (ARC). Apart from that, you’ll need to make a compelling case to convince the CBSA that you deserve a second chance and are worthy or qualified to return to Canada. Your immigration lawyer will help you along every step of the process.
If you’re searching for a qualified and experienced immigration lawyer in Canada, there’s no need to look further.
Nanda & Associate Lawyers is a trusted law firm with a team of experienced immigration lawyers. Their lawyers also help people deal with their deportation cases effectively and ensure everything is done to keep them in the country or make it possible for them to return. Moreover, they also have personal injury lawyers, commercial real estate lawyers, civil litigation lawyers, and more. The firm offers its services in Toronto, Edmonton, and Brampton.
Book a meeting with them today.
About the Author
John Gower is an immigration lawyer and has been practicing law for the past two decades. He has been associated with Nanda & Associate Lawyers for over 12 years and helps individuals looking to immigrate to Canada perfect their immigration applications and increase their chances of approval.