If you have received a removal order, you cannot legally remain in Canada and must leave the country immediately. It is important to understand that when a removal order has been issued, it is a question of “when” to remove an individual; the decision to remove that person has already been made.
Types of Removal Orders
There are three types of removal orders. The form number on the removal order itself will indicate what type of order you have received and the related requirements.
The three types of removal orders are:
a) Departure Order (form number IMM 5238)
If you have received a departure order, you must leave Canada within 30 days after the order was issued and confirm your departure with the CBSA at your port of exit. If you leave Canada and follow these requirements, you may return in the future provided you meet the entry requirements at that time. If you leave the country without confirming your departure with the CBSA, or leave more than 30 days after the departure order was issued, the departure order automatically becomes a deportation order.
b) Exclusion Order (form number IMM 1214B)
An exclusion order requires an individual to leave Canada and confirm their departure with the CBSA. If you have been issued an exclusion order, you cannot return to Canada for 1 year. If you do wish to return to Canada before the 12 months have passed, you must apply for an Authorization to Return to Canada (ARC). If the exclusion order was issued for misrepresentation, you cannot return to Canada for a period of 5 years. Additionally, if your removal was paid for by Canada, you must repay that cost.
c) Deportation Order (form number IMM 5238B)
If you have received a deportation order, you must leave Canada and confirm your departure with the CBSA. If you fail to confirm your departure with the CBSA, the CBSA will arrange for your removal from Canada. A deportation order will permanently bar you from returning to Canada and you may only do so after obtaining an ARC.
Regardless of the type of removal order, an individual must leave Canada immediately upon receiving such an order. Additionally, if you fail to appear for a removal interview or a scheduled removal date, the CBSA will issue a Canada-wide warrant for your arrest.
Appealing a Removal Order
You may have the option to appeal a removal order to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
An eligible individual must file an appeal of the removal order with the IRB within 30 days of receiving the order. The IAD member will consider the appeal and make a decision weather to allow it, set it aside or issue a stay of the removal order.
If the appeal is allowed, the removal order is set aside and the person may remain in Canada. If the appeal is dismissed, the removal order will be upheld and the CBSA could remove the individual from Canada. When the IAD issues a stay, the removal order is suspended with conditions and the individual may remain in Canada temporarily. During this process, the IAD member will review the stay and reconsider the appeal at a later date.
We can help you decide what options are best for you. For a detailed assessment of your immigration options, contact us for a consultation by emailing us at [email protected] or by calling 416-847-3347.
