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Deported From Canada? How to Return Legally

Can I Return when Deported From Canada?

When a person breaches the Immigration and Refugee Protection Act, they can be deported from Canada. There are several ways one can be deported from Canada, including committing crimes or overstaying visas and being caught. Deported From Canada

The Canada Border Services Agency is responsible for removing people from Canada who have been issued a removal order.

There are three different kinds of removal orders:

Deportation order: If a deportation is issued, the person is banned from Canada permanently. If someone is deported from Canada, they are not allowed to come back to Canada unless they have written permission from the Canada Border Services Agency.

Exclusion order: An exclusion order prevents someone from coming back to Canada within one year – but if the exclusion order was issued because of misrepresentation that time limit is increased to two years.

Departure order: If a departure order is issued, a person must leave Canada within 30 days.

However, removal orders can be appealed to prevent or delay someone being deported from Canada.

Appealing removal orders may be the only way to prevent being deported from Canada – but you cannot wait. When someone is facing deportation from Canada, time is the enemy and you should contact an immigration professional immediately.

But if you are removed from Canada, there are options.

You can apply for an Authorization to Return to Canada (ARC). An ARC is an application made to the Canadian Embassy in your region that, if approved, will allow you to return to Canada despite your deportation order. ARCs are not easy to get and you need compelling reasons to get approved. They can take many months for processing.

The best strategy is to not get deported in the first place. If you are facing removal you should act fast before its too late.

deportation from canada Deportation Order deported from canada Exclusion Order Immigration Appeals Order for Departure Removal Orders

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

319 thoughts on “Deported From Canada? How to Return Legally

  1. ali

    Hi,
    I was issued an exclusion order from canada for overstaying my student visa for about 6 months. WIll the exclusion order from canada affect my entry to the USA for which i have a valid tourist visa?. I have no criminal record..

    Thank you,
    Regards

    Reply
    1. Mira Freiwat

      Hello Ali,

      Thank you for your inquiry. \There is a possibility that this Exclusion Order can negatively impact your application/entry to the US. Although you have provided me with some details about your credentials, I would still need some more information to determine your eligibility and the best route for you to take. Kindly complete this form for me http://www.visaplace.com/immigration-assessment/ and you will be contacted once it has been reviewed. MF

      Reply
  2. Ali

    I have lost the immigration residency appeal, and have been told a departure order will be sent to me, I need to leave urgently , how can i leave so that I dont get on the wrong side of the law, and then can i apply for a TRV to visit my family who is staying here?

    If in the mean while my wife applies to sponser me , she is a permanent resident in Canada. will it affect my being granted a TRV.

    Thanks for your reply in advance

    Reply
    1. Mira Freiwat

      Hello Ali,

      Thank you for your post. I am sorry to hear about your refusal and departure order. There are many options that may be available to you, even with the negative decision made on your status here in Canada. But in order for me to determine if you are eligible for any options, I would need to learn more about you and your case. Ali, please complete this form for me http://www.visaplace.com/immigration-assessment/ as it will tell me everything I need to know about you and your situation. I will review it and contact you with my findings. MF

      Reply
      1. Pinalkumar

        Hii..I was on a postgraduate work permit in Canada and I was on restoration period till March 15, 2015.I was waiting for my lmia during that time but it took long so one of my friend had suggested me to restore my status as a visitor before March 15 so I can stay legally in Canada till I got the decision of lmia.He had applied for visitor visa before for himself and had got it so I trusted him. He had filled out the forms for me but unfortunately he had filled up the wrong forms .When I got realized that I had left the country volunteerely because I don’t want to overstay in Canada but it was too late for me at that time .It was more than 6 weeks after my restoration period was over. So is there any possible way for me to enter into Canada in future? Does it affect my visit to USA as I havery my visitor visa for USA.? Please advise me what should I do?

        Reply
        1. Mira Freiwat

          Hello Pinalkumar,

          Thank you for your inquiry. I am sorry to hear about the hardship you have faced due to the poor advice you received. It is never a good idea to entrust ANYONE who is not licensed to practice Immigration Law, regardless of what “experience” they have when it comes to applying for Visas. No two cases are the same, and unfortunately you suffered as a result of poor advisory.

          The good news is, that we can definitely be able to assist you here when you are ready to reapply to come to Canada. When you are looking to begin that process, just complete and submit this assessment form http://www.visaplace.com/immigration-assessment/ and you will be contacted once it has been reviewed.

          As for your Visa for the US, as long as you did not overstay in Canada and have not breached any of the regulations on your Visa here, there will be no negative impact on your B2 to the US. MF

          Reply
  3. Preet

    Hii I applied for study permit in 2010 and got refused because study was not matching ,after that in 2013 I buy diploma certificates but these were fraud documents and I applied again for study visa. Once CIC charged me misrepresented but right away they canceled it and rejected my file.
    Now I got married in February 2015. my wife is PNP holder and applied for PR and medical has done.
    she was applying as dependent worker for me so that charges may affect my file now

    Please advise what should I do

    Thanks

    Reply
    1. Mira Freiwat

      Hello Preet,

      Thank you for your inquiry. As you have experienced first-hand, it can be quite challenging to get approved for PR in Canada as it is not an easy or straight-forward process. Seeing as how you have been charged with Misrepresentation, which is a serious offence, it is now even more difficult to receive an acceptance.

      The good news is, we have helped a ton of applicants in similar situations like the one you have experienced Preet, and were successfully able to get them PR approval. Please complete this form for me http://www.visaplace.com/immigration-assessment/ as it will give me the background information I need on your previous experience with CIC so I can determine which route we need to take to get you accepted. Once I have reviewed it, I will contact you and share the results. MF

      Reply
  4. Miriam Gibson

    I’m sure God led me to you. You have helped me soooo much! I will always be grateful for restoring my marriage because there are other people out there who are also in need of your help. keep up the good work Gbenga Okokodu. you can contact him on his email gbengaokokodu@yahoo.in

    Reply
    1. Mira Freiwat

      Hello Miriam,

      Thank you for your kind words and your inquiry. If you can inform me of your friend’s situation, I will do my best to assist you. MF

      Reply
  5. Dany

    Hi everyone ,
    I came to Australia in 2010 with 3 years student visa. However, I stopped studying from 2011 and living in Australia without a valid visa for 2 years. in 2013 I booked a flight ticket and went back my home country volunteer.

    For question 6e in the form Schedule background says “Have you been refused admission to, or ordered to leave Canada or any other country?”
    I answered No. Because I thought that I left my own,no one forced to leave.

    I already declared the time 2 years living illegally in Aust in personal history form
    I will be interviewed on 15 June 2015.
    Now I fear that did I answer that question wrong or correct.
    If i did wrong that question, its leading misrepresentation?

    Iam so worry now
    Can anyone give me advise please
    Thanks

    Reply
    1. Mira Freiwat

      Hello Dany,

      Thank you for your inquiry. As long as you did declare that you have overstayed your time here in Canada, you have answered correctly. If you were not ordered to leave, then you answered the form correctly. You will not be refused on the grounds of misrepresentation, but you may be refused for overstaying the time allowed when you entered Canada during your last trip. MF

      Reply
      1. Dany

        Dear Mira
        My common law partner is sponsoring me to canada.

        Althought I booked the flight ticket and went back my home country volunteer ,I am not sure that I was order to leave Aust or not.
        The day At airport Immigration officer only asked me some questions like why you stoped studying… Then they let me go.

        So what do you think about my situation
        I mean that was I order to leave or not?
        I am so fear that if I answered wrong question

        Please advise me
        Thanks alots

        Reply
        1. Mira Freiwat

          Hello Dany,

          Thank you for your reply and clarification. Based upon the information that you have provided me with, it does not equal a removal order or what CIC would classify as such. You did the right thing where you volunteered the information about overstaying, as they would’ve found this information out with or without you volunteering it, but it speaks highly of your character as well as you as an applicant looking to return to Canada. MF

          Reply
  6. cyrus

    I became permanent residence of Canada in 2007. I returned to my country after one month and I got married in 2009. I came back to Canada in 2011. I received departure order in the Airport of Montreal because of residency obligation and I appealed. I studied in college St. Laurent and got my Diploma and then I worked in Electrolux Company. I went to my country to visit my wife after one year. I could not come back to Canada because my wife was sick. I could not present on the Hearing because my PR card expired and the Appeal was rejected on 19.5.2015. My son was born in 2013.
    I would like to apply for returning to Canada and bring my family to Canada. Can I apply for immigration for my family? Which method do you suggest?

    Reply
    1. Mira Freiwat

      Hello Cyrus,

      Thank you for your post. It is unfortunate what you experienced, but Canada is very strict with issuing PR to applicants and as you may already know, they are very selective with who is eligible to apply. Seeing as how your appeal has also been rejected, if you wish to reapply to come to Canada, you would need to start this process over again…from scratch. I would also strongly recommend that you retain our services so that we can comprise a strong case for you, and limit your chances of receiving a second refusal. MF

      Reply
    2. Nafise

      Hi there,
      I have entered Australia illegally on 2012 and claimed for refugee protection, but my case is
      Rejected due to new immigration law in Australia, I’m wondering if it can be possible for me to go to a 3rd country and from there apply for a student visa to Canada?
      Does it affect my student visa application to Canada that my refugee claim is been delayed by Australian immigration?

      Your advise would be a kind help

      Reply
      1. Mira Freiwat

        Hello Nafise,

        Thank you for your post. In order for me to properly guide you on the steps to take and to hopefully have your application be successful I would need more information on your situation. Please email me directly at miraf@visaplace.com so that I can obtain the information I need and assist you. MF

        Reply
  7. M CHOWDHURY

    I went to Canada in August 2005 in Toronto, On. In 2009 my father was very sick also my partnership Business(all partners were staying Canada I have made the ground for steel scraps business in Liberia West Africa) wasn’t going well and in a situation where I was last option to go there to fix at the last point of it’s destruction. My partners were putted me in a situation where I knew I would look like a coward to them if I don’t move from Canada to be in Liberia, West Africa. I was in a refugee case to the Gov. Canada and you were my lawyer by Mr. Syed. I took my refugee case off and leave Canada in February 10, 2009

    While I have stayed in Canada I have met a girl name Ms. Khair who letter on became my wife August 30, 2008 . Ms. Khair is a Canadian citizen. While I was staying in Canada many of my known male contacts who were not Canadian citizen also married to Canadian citizen women and got Canadian residence quick. I was really in love with my wife and I have felt then she was the right person to be me with for the rest of my life. I never put rush to apply for the immigration for Canada there was an strong issue in me: then I have never wanted her to feel like got married to her for Canadian Immigration neither do i felt feel it was not a right country to live. I knew Canada is the safest country to live and it is not comparable anywhere near where I live now *Bangladesh for safe living. Stayed Canada I adapted very quickly to the culture among small percentage of the Bangladeshi people who was living like me back then.

    2009 after I came back to Bangladesh and see my father he was the amount of sick it was more in metal then physical. I felt then as a older son of his he loves me so much more then rest my 4 brothers and sisters. He was my father and mother together after my mother died in 1984 while I was small. Not for a father of mine I always believed all child of the world will be extremely lucky if all have a father like him. My father got married again whom called her mother as I never had memory of my mother who gave me birth.
    my wife gave birth our first son EHSAN CHOWDHURY, born in Toronto, in October 22, 2010. and with the baby she came back in Bangladesh. Right after my first baby born my wife went to your office and collected the documents of mine immigration which I have applied earlier when I was staying there. In 2011 I have decided to start processing for Canada meanwhile my wife gave birth our twins Aryan Chowdhury and Maira Chowdhury in October 24, 2011. After I came in Bangladesh my father wanted me to start developing me the 10 storied apartment building of his own land where we were resides before. He was feeling weak to do it by himself. I guess I have felt him more after I became a father myself. And I knew he wanted me to be beside him as he was feeling lonely. I have taken his unsaying feelings as I learnt there is a silent bonding between father and son. Not a lot I could talk with him about it neither does him. Also personally I’m not a person who could talk a lot rather my feeling stays inside. I know in many cases for a successful life it is not right habit of me. That’s why I have explained earlier I guess every individual are different and I know it is my weak side.

    After marriage me and wife we were really happy and having happy couple life. We were so much in loved that one person can have form other. After she came in Bangladesh to stay with me she was never liked to live in Bangladesh. From her view of understanding she was right being grown up in Canada it is hard to have a day to day life living in Bangladesh. I never focused much in that which I should have rather I was hardly trying to develop financially secure for my family and working crazy. I have failed in many cases and with few successes. I only learnt in my life I have to try no matter what and I knew success not a 2 or 3 or 4 years plan. If I try I will have it today or tomorrow and not for me for my family I have to. While my wife pregnant with our Twin’s she start pushing me harder mentally to move in Canada and my father in law went to your office and I have sent him to pay then some of your fees which he did. But while I was living and invested my afford in Bangladesh I didn’t want to leave just throwing it. Then I knew my father would have never faced alone which business we were middle in it.
    More days were gone the small issue which I have thought beside me and my wife family life it became so much big and created mountains of problems between us. I have also made many mistakes as I was always stressed by the work and failed to maintained proper way of family life even though I love my wife then anything. I know many mistakes I have made. I guess some mistakes are gets so big it cause your life lot. Me and her also both family came across in situation that this relation will not going anywhere and she have decided to leave Canada alone with the Childs. I know she loves me but when everyone got involved with any family life it could be harmful like hell and I know no one except me who has only right to decide being family together and same for her. We were separated for 3 months and she went to Canada with the kids without telling me after she left with the kids now I have not have any big issue to see and be with my family and there is no pain as a husband and a father to live alone then the family. She talks with the love and wants me to go there but she not ready to sponsor me. I understand being a single mother of three small kids it is probably hard for her if she not take government’s help.

    I would like to visit my family even with a visa if you advise me to get it. I would be grateful if you take me as your client and help me visit and see my family in Canada in any legal way. PLEASE

    With Thanks again

    Reply
    1. Mira Freiwat

      Hello Mr. Chowdhury,

      Thank you for your post. You have a complex matter here that we cannot possibly cover in a blog post. Please do get in touch with our office so that I may give you the proper guidance needed to resolve this. MF

      Reply
  8. Sandra

    Hi, a friend of mine was married to a canadian citizienship, she brought him here from egypt and sponsered him under the new law. They lived together a few months then they separeted. She went to immigration and complaint but meanwhile he went back to egypt to do a divorce. While he is in egypt he got his letter that he had to leave canada before may 1st 2015 but he was out of the country already. Plus one more thing i should mention is that we never saw the letter he had gaven a mew address to immigration but immigration sent the letter to his ex wife and then she just told him we never saw the letter. Now here is my question. What happens if he comes back to Canada? Will he be refused to come in? And if he is refused can he apply for refugee? Please let me know thanks
    Sandra

    Reply
    1. Mira Freiwat

      Hello Sandra,

      Thank you for your post. I would need to ask you more questions and obtain specific information to be able to advise you correctly on this matter. Please contact our offices so that I can give you an accurate response. MF

      Reply
  9. manuel toussaint

    hi me and my family went to canada january 30 2009 runing from depotation to venezuela we were out of this contry for 10 years know we were and montreal qc for 6 years my parent dint know what we have to do. bad contact or lawyer that charge my family all caind of money and they dint do noting to difend us and of all the reason that we left venezuela. we and many lawyer that took money but after there were no hop. imigration deported my father it was part of a militery that the force him to join and because it was againt that he faund some une that hep him to skeip. itwas aut from haiti 50 years and it was retund november 20 2014. and and us that we dont have noting to do whit that bc we were iven born we have to pay to we were deported on februari 10 2015. after 16 years out of venezuela. we dint do noting rong and canada we were working me and my siter started a new family there. i am asking for help because here it not the place for us and i want to be whit my wife and kids and canada not here . what we have to do to go back because here we are not on secure. the 4 monts i ben here there are many bat tings that happen to me and my family we kent adapt to this situation and venezuela. pleace we need help

    Reply
    1. Mira Freiwat

      Hello Manuel,

      Thank you for your inquiry. I am so sorry to hear about the hardship you and your family have experienced. We can definitely help you here as we have handled MANY cases that are similar to yours. I would need more information about you and your family before I can proceed. Please complete this form for me http://www.visaplace.com/immigration-assessment/ and I will contact you once it has been reviewed. MF

      Reply
  10. MaryAnne

    My sister was living in Canada with her husband for almost 15 yrs. He was there on a work visa. He passed away almost 2 yrs ago. After passing away she applied for citizenship and was denied. She recently returned to the U.S. but had to leave property and her belongings behind. I tried to talk to her about returning to get her belongings but she insist she cannot return to Canada. She won’t reveal for how long or why. I heard from a friend of hers she was deported. Is this why she cannot return ? If she was deported how would I find out? She is not forth coming with information about anything which makes it very difficult to help her.

    Reply
    1. Mira Freiwat

      Hello MaryAnne,

      Thank you for your inquiry. Unfortunately, I wouldn’t be able to assist you with a matter like this without the authorization of your sister. There is no way to find that information about her status here in Canada as Citizenship and Immigration Canada have very strict Privacy Laws that they need to operate within. If she is not willing to provide those details, then there is no legal or ethical way of obtaining that information. Best of Luck, MF

      Reply
  11. Janet

    Hi Sir, my mom came here as a tourist visa and she stayed here almost 2 yrs,just went home last week march 9 in the philippines, her visa expired today march 15, is thier a chance that i can sponsor her right away? Thanks

    Reply
    1. Mira Freiwat

      Hello Janet,

      Thank you for your post. If your mom came here on a Visitor Visa and stayed for 2 years, she has breached the rules of the Visa. A visitor can only stay for 6 months at a time on a Visitor Visa. If you wish to sponsor her, you should contact our office so that I may give you the proper advice and support to limit your chances of a refusal. MF

      Reply
  12. paula

    Hi there. My mom has an european union pasaport when she came in to Canada two years ago they didn’t stamp it so she didn’t think she had any limits on her visit. Now I’ve found out though cic website the maximum u can stay is 6 months, therefore she has over stayed 18 months, now she is leaving canada and we’re worried she wont be let in again.
    any thoughts?
    Thanks in advance

    Reply
    1. Mira Freiwat

      Hello Paula,

      Thank you for your post. When you wish to invite your mother to come to Canada again, do contact us so that we cam advise you on what steps to take to limit your chances of having her refused at the port of entry since she did overstay. MF

      Reply
  13. Tomas

    Hey I came to canada with fake passport and I claim refuge but I got deported after 3years ,I’m wondering if I can come back with new case and claim refuge again and now month is gon from my deportation and if I come back as a refuge again what will happen?

    Reply
    1. Mira Freiwat

      Hello Tomas,

      Thank you for your post. It is not possible for you to come back to Canada and reclaim Refugee Status unless your circumstances in your home country and changed drastically…and for the worse. You would need to provide a lot of evidence to support this, not to mention, the difficulty you will face trying to gain reentry.

      Reply
  14. Amethyst

    Hello. I need some advice. I was deported from Canada for overstating with an expired visa. I was deported with my family and didn’t know we were even living there illegally, they never told me any of this until I turned 12. I’m turning 18 this year and would like to know of I can return myself legally and apply for a permanent residence or at least still visit? My mother told me we had to wait at least 2 years to reapply but we haven’t since and have been living in a country for approximately 3 years now. I’d just like to know if I can return and live there again, I only have one family member there which is my uncle and his family.

    Reply
    1. owen

      Hello,

      You will likely need an Authorization to Return to Canada. This can be a complex process but our skilled team of immigration experts can make a very strong case for you. We would be happy to help you immigrate, and once you fill out our free online assessment form, one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  15. Nadia

    Hi Michael,

    I have a friend who was deported to India due to criminal activity. He regrets the decisions that he has made, and is prepared to reform himself, as right now he is living alone in India, he has no family there and no support system. He is going into depression because of his circumstances, and does not know how to even handle the situation as he had lived in Canada for most of his life. His parents and brother are here, they have hired a lawyer but are not finding anyway to bring him back. Money is no issue, they are prepared to hire the best legal team that money can buy. However I want to know if that is any use. Have you heard of cases like this before? In your experience is there any loophole or any way for him to return? Any advice would be greatly appreciated as this is a desperate situation.

    – Nadia

    Reply
    1. owen

      Hello Nadia,

      Thanks for the question. We would need to obtain an Authorization to Return in order for your friend to return to Canada. This is a complex process, but our team of experienced immigration lawyers have handled many successful cases in the past. We would be happy to help your friend return to Canada, and once you fill out our free online assessment form, one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  16. Ot

    Hi,
    I am international student in Canada and i want to apply for Provincial nominee for myself and common law partner which lives in my home country. However i didn’t claim to be in a common law relationship while i was applying for student visa for entry to Canada the first time because id dint understand the meaning but have since being in this relationship for 6 years. D o you think this might affect our chances of being nominated?

    Thanks

    Reply
    1. owen

      Hello Ot,

      You could attempt to contact the CIC and inform them of this oversight, and they may modify your application accordingly. If you require any assistance with this, please let us know and we would be glad to help.

      Regards,
      Owen

      Reply
  17. Lili

    Hi. I came to Canada in 2010 as a refugee. After two years i got a rejected answer so i applied for the federal court. From there i got rejected as well. Now im doing the monthly reporting. I just wanna know if i can apply for the H&C or is there any chance to stay in Canada? Thank you for your answer

    Reply
    1. owen

      Hello Lili,

      Yes, this is a possibility, but you will need a skilled team of immigration lawyers in order to ensure that your case is successful. We would be happy to help you immigrate, and once you fill out our free online assessment form, one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  18. FC

    Hi,

    I was born in Canada, but my dad was a diplomat at the time so I’m not considered Canadian. He was stationed there until I was 3 and then to various other countries thereafter. At 16, after being stationed in the US for 8 years, he was appointed elsewhere. I guess my parents thought they were making the best decision for my future (not to make excuses) and decided that my mom and I should go to Canada instead since I was born there. Long story short, my mom and I went to Canada, where we stayed for six years, during which I attended school. I was unaware of what was going on for a long since I was a minor when we went and my parents did not speak to us about these things. I had no reason to think I was not Canadian since I was born there. We ended up applying for permanent residence with the help of an immigration adviser and it was denied on the basis of overstaying a visa and studying without a student permit. We were removed and I received an excludion order, which expired recently. I’m in the process of applying for graduate schools and I would like to apply to a school in Canada, but I realize that my chances of obtaining a student visa are slim. I guess it comes down to convincing the agent that I won’t overstay my visa. I have no intentions of doing so and I would have never done so if it had been up to me at the time.

    Have you ever heard of any cases like this? Do you think I have a chance of ever obtaining a student visa?

    I would really appreciate the advice. t.

    Reply
    1. owen

      Hello,

      Thanks for the question. This type of case is not unheard of, and we can assist you in obtaining an Authorization to Return to Canada, and we will indeed need to convince the government that you will not overstay while on a Study Permit. We would be happy to help you come to Canada, and once you fill out our free online assessment form, one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  19. Jon Omar

    QUESTION …

    My wife arrived Canada on temporary PR on Nov 16th 2014 and on Jan 6th 2015 she called the police and accused me of Abuse and I was charged to Court. Finally the case was dismissed due false allegation. She’s not staying with me anymore and I have no contact of her whereabouts, she suppose to stay 2yrs a legally married but she left so early.. Can she be Deported?

    Reply
    1. owen

      Hello Jon,

      Deportation decisions are made by immigration judges, and it may be possible for her to be deported, but in order to say this with any confidence we would need to know more details about the case. It is also possible for her sponsorship to be withdrawn prior to final decisions made on any immigration application, and this may also lead to deportation in certain circumstances. Please let us know if you have any further questions.

      Regards,
      Owen

      Reply
  20. Emad Balkhair

    Dear Sir

    Kindly I want to add more to confirm about this point that if my first Visitor Visa that I’ve received from an embassy in Abu Dhabi, UAE ! but now I’m living in Saudi Arabia ! and I’ve sent it to you my last subject through this reply message that my case it’s deported and I need to recieve an ARC to return Hopefully ! my question is Will I contact the same embassy in UAE or embassy here in Saudi Arabia, Riyadh ?!

    Thanks in Advance !

    Reply
  21. arif

    Hi i have refugee case reject 10 years ago i go back pakistan my own i have depure order issuee n i leave country withen 30 days did i go back canada again how n did i apply refugee case again did i

    Reply
    1. owen

      Hello Hamza,

      Thanks for the question. We can definitely help you obtain a TRV. They can be difficult to obtain, but our experienced immigration lawyers will help maximize your chances of coming to Canada.

      Regards,
      Owen

      Reply
  22. missing my home and newborn baby

    I was ordered deported to my home country of haiti in 2009. However due to unrest and polite difficulty I was allowed to remain in canada…In August 2013 I was contacted by the cbsa and was informed that I must leave the country at the time my wife was 7 months pregnant and our sponsorship application for permanent residency in canada has been sitting in the Canadian embassy in port Au prince I took my one 2 ay flight to Haiti. I must say that was the hardest thing I ever had to do. Kiss my 2 month old daughter good bye for god k own how long. I applied for a new 2 or permit and paid the fee for an arc as well as a temporary resident permit. I total I spent 750 at the Canadian embassy in santo domingo Rd I was told that my application was denied no real reason for the denial ever given to me…my wife came to Haiti I was told that what was missing from the processing of my application was the right of permanent residency fee medical report and police certification. I was able to provide all 9 those Before my wife went back to Canada we took another trip to the embassy asking if there was anything else we can do to expedite the process we were told the file was complete and to just wait for a call from the consulate. I had one of my cousins go to the 3 mass on my behalf he 2 as informed that I nneed to bring my passport and my son’s passport so that way I they can put the visas on the passport. When I came to the embassy in October I 2 as told that they never got my medical report and my police certificate needs renewed. It has been more than 6 weeks now since I submitted these documents….I need to know 2 hat are mu chances that I will be allowed to return home to the life that I have worked so hard for over 6 years to build?

    Reply
    1. owen

      Hello,

      I’m sorry to hear about your situation. We would be happy to help you come to and remain in Canada with your family, and our experienced immigration lawyers can provide you with personalized advice. Please don’t hesitate to contact us to setup a consultation at your earliest convenience.

      Regards,
      Owen

      Reply
    1. owen

      Hello,

      Thanks for the question. Depending on what you were deported for, this could negatively impact your Canadian immigration application. It would be best if you get in contact with one of our experienced immigration lawyers who will maximize the chances of you being able to come to Canada.

      Regards,
      Owen

      Reply
  23. NN

    I am in highschool and recently learned that many years ago my parents got a deportation letter since we were signed as a refugee, even though we aren’t a refugee. I’m not very knowledge in these kinds of stuff, but I wish to stay in Canada or return when I leave as I’ve been here technically my whole life and I did not know that we were supposed to go back to Korea ( I was very very young at that time ), if I had known that I could possibly not be able to come back, I would have left during the time given to go back. I am stuck in a sticky situation where my education and possibly my future is at stake as I am going off to college or uni and If I am sent back to Korea, I will not be able to speak Korean very fluently as I lived here my whole life. So my question is, Is there a way to stay or return ? Is ARC my only option? And if so, what is the process of it and what I must do, as well as the possibility of me getting an ARC in my situation?

    Thank you

    Reply
  24. Ekta Chopra

    Hi Sir,
    I m a refugee , unfortunately it was rejected & even my federal appeal was Dismissed. I m a Baby girl born in here, she is 14months old. but sadly i m a SIngle mom.
    I had made an application on H&C grounds on July .11. 2014. I recently got the information saying it was rejected.
    Her fathers comes n visits her weekends & now he came to know that i might got deported with my child sooner or later.
    He is asking for his rights to meet her daughter. I have the sole custody but he is the father. A child needs a mom & the fathers love. wht can be done. Cound u plz help me sir.

    Reply
    1. owen

      Hello Ekta,

      We can definitely help you with this, as we have a lot of experience handling cases like yours. We should get started soon as time is of the essence for you and your family. Please don’t hesitate to contact us with any further questions.

      Regards,
      Owen

      Reply
  25. Hope

    I have a Canadian multiple visitor’s visa valid for another couple years. I had frequent visits recently and I’m currently in Canada. On my most recent visit I was given a visitor’s record case 10 restricting my stay for the period to 2 weeks and demanding I remit the visitor’s record to the immigration officer at the airport, upon departure. During interrogation at most recent point of entry, I stated that I have a Canadian fiance. I would like to stay longer than the two weeks period, to attend to some prescheduled extracurricular activities.
    1. What are the nearterm and future consequences of overstaying a Canadian Visitor’s Record case 10, if any? I’d appreciate your prompt, candid and formal (possibly with references to official Canada immigration policies). Thanks.

    Reply
    1. owen

      Hello,

      If you overstay your visa then you could be barred from re-entering Canada for a number of years. Please don’t hesitate to contact us with any further questions.

      Regards,
      Owen

      Reply
  26. LARS

    HI.
    REMOVAL ORDER WAS APPEALED, BUT FEDERAL JUDGE SAID “NO” BECAUSE IS CRIME ( 8 YEARS AGO) IN EUROPE,BEFORE CANADA.
    HAD REFFUGE 5 YEARS AND APPLYED FOR HUMANITERIAN SPONSORSHIP,THEY REJECTED 2 ON ONE DAY.
    IS ANY CHANCE STAY IN CANADA? I HAVE CANADIAN WIFE AND 2 KIDS. I’M HERE ALMOST 7 YEARS. HAVE JOB (WE WORK AS COUPLE) IF THEY DEPORT ME, MY WIFE WILL LOSE JOB..

    Reply
    1. owen

      Hello Lars,

      Thanks for the question. There should be certain options available to you, and there’s always hope as long as there are still options. Our experienced immigration lawyers would be able to help you submit a strong case, and your situation does seem very complex so you would definitely benefit from our assistance. Please don’t hesitate to contact us with any further questions.

      Regards,
      Owen

      Reply
  27. Rohan

    Hi Michael,

    My girl friend applied for the Canadian FSW program. Two weeks ago she got success, and received the immigrant (FSW) visa to immigrate to Canada within 10 months.

    However, we’re going to get marry in end of next month, and she wants me to come with her to go to Canada, but unfortunetly I am a previously deported ayslum seeker from Canada. I am well aware that I am inadmissble to Canada on that ground.

    Also I am aware that if I include myself into her file before she makes her initial admission (entry) to Canada as I know under the I.R.P.A. she automatically become an inadmissble person to Canada because of me,

    My question is what is the best option would be? Get marry and include myslef into her file and check my luck with ARC to immigrate to Canada with her same time as she make her first entry to Canada or else should we postpone our wedding and let herslef to immigrate to Canada to get PR status and return back to home and get our wedding, and sponsor me as her spouse?

    As I know most of the time CIC wouldn’t deny (actually couldn’t easily deny) Aplication for Return to Canada with spousul sponsorship applications if the intended immigrant isn’t a security risk, committed human or international rights violations, convicted of a crime or have committed an act outside Canada that would be a crime, ties to organized crime, and/or have serious health problem.

    I highly appreciate your view on this regard. Thanks!!

    Reply
  28. Marcos

    Hello:
    My friend got denied political refugee status and asked to leave the country. He has both Cuban and Spaniard citizenships so he was asked to leave Canada and go to Spain. While he was in Canada, he met, fell in love and married a Canadian Citizen woman. He decided to go to the USA instead of Spain in order to make it easier for him and his wife to see each other a few times a year. Because he never showed up at the airport when he was supposed to meet with CBSA to get his papers and leave to Spain, an arrest warrant was issued. He then reported to CBSA (from the USA) that he had in fact left Canada, just not to Spain. Once on the USA, he applied for the Cuban Adjustment Law and a year after became an American Permanent Resident. He left Canada14 months ago and he would like to return in order to be together with his wife.
    Being married to a Canadian Citizen, is there any way that he can return to Canada?
    Thank you.

    Reply
    1. owen

      Hello Marcos,

      It may be possible for him to return to Canada, but since a Canadian arrest warrant was issued this is an extremely complicated situation and you should immediately contact us to set up a consultation with one of our experienced immigration lawyers in order to maximize your chances of success. Please don’t hesitate to contact us at your earliest convenience.

      Regards,
      Owen

      Reply
  29. nicole

    Hello,

    My name is Nicole, I am 20 years old and am an Australian citizen. I will be studying in Canada as an exchange student beginning in January 2015. I applied for one year but was accepted for a semester only as my university only send students away a semester at a time. I was told however, that I could apply for the second semester while in Canada. As I do not know long I will actually be in Canada, I have only booked a one way flight from Australia to Canada. I am wondering, do you think this will this prevent me from actually entering Canada? I am concerned that border will see me as potentially trying to stay in Canada for other reasons seeing as I don’t have a flight booked back to Australia. I may also be travelling around Canada and America when I finish my semester/s in Canada so again, I have no idea of when I will be leaving.
    I need to return to Australia to complete my degree so I can bring this documentation as well as a bank statement showing I have enough to book a return flight, but will this be enough in your opinion?

    I look forward to your response,

    Thank you!

    Reply
  30. annalie amarado

    hi michael,
    it means i was deported please i need help,sept 2012 left canada go back home n philippines and i tried re apply last january 2013 and i recrive refusal letter last april 2013.so meaning if i got order to leave the country meaning i was deported.because we submit papers from coutts to the airport office n one person assist us to check in.Do i still have chance to go back Canada if i can get new LMO?im currently work in Singapore.please i need your advice i wish to go back jn Canada.waiting for ylur response thank you so much.

    Reply
  31. annalie amarado

    hello michael,
    i work in calgary sept 2008-sept2012.my work permit was expirede june 15,2012 and but i stil continue working til sept 9 while
    waiting my new workpermit.but instead of workpermit i receive letter from immgration to leave because i dont have my legal work permit my employer drove us to the coutts boarder crossing hoping that with allour documentation and an approved LMO,that the CBSA would issue us a new work permit.Instead,The CSA order us to leave in the country.they give us some documents to submit it in immgration officer n thr airport and give us exact date to leave.and my vis that time was also expired.

    Reply
  32. Norah

    Just a quick question if you have been removed and after that your husband sponsors you. It happens that you are called for an interview and you pass the interview and after you asked to do medical exams and they tells you the ARC is dealt within. Usually how long does the ARC take? Thanking you.

    Reply
  33. Sarah

    Hi,

    My common law is facing deportation this month at the end.
    He is still married in the process of being divorced to his wife. He came here and overstayed, he was caught in a car with someone who did not have a licence and he was detained in detention centre. He then filed for refugee status. He got married and his wife did a spousal sponsorship. His refugee claim was denied, and his wife pulled his papers. I have been with him and living with him for a year. We filed for a PRA and the CBSA officer said that he acknowledged that his country has a very high crime rate due to drug trafficking however he was not considered a protected person. We went in the summer to CBSA and they told us that he will be deported, his deportation date is now the end of this month. Let me also add that he was charged with dangerous driving with a conditional discharge, he has 18 months of probation with a two year driver’s license suspension. He has completed his community hours and seminar. We consulted in an immigration Lawyer and he said we would be able to file a common law sponsorship when he left. My question is, does he have a chance to come back given the circumstance? Will he need to apply for a pardon in order to come here even though he has completed the requirements of his probation?

    Thank you

    Reply
    1. owen

      Hello Sarah,

      Thanks for the question. We can definitely help him through this difficult situation, and he should get in contact with us as soon as possible since time is of the essence in his deportation case. Please don’t hesitate to call us directly for further assistance and please refer to http://www.visaplace.com/blog-immigration-law/canada-visa-news/i-am-illegal-and-facing-deportation-from-canada-how-can-i-stop-my-deportation/ for more information.

      Regards,
      Owen

      Reply
  34. IVONA

    hi,

    i got the exclusion order on August,16, becouse they found me lying about general informations,what is my job in my country,how much money i earn,what am i going to do in Canada as tourist..
    so,my interviw is now on November 13,i want to make appeal if that’s possible,and i found an employer who is willing to make work permit for me.
    Is there any chance that they will allow me to stay here becouse that?
    Please Your advise.
    Thank You very much.

    Reply
  35. Alex

    please help, my friend has been given a departure order, she has to leave by the end of the month, is there any way to keep this from happening? how long does she have to wait before she can come back? is it because she owns half a vet clinic? she has never broken the law, pays her taxes like every other Canadian, she also is a big part of the community and is heavily involved in our church, why would they make her leave? how can she come back and how soon? please help.
    thanks.

    Reply
    1. owen

      Hello Alex,

      Thanks for the question. It would be highly recommended for your friend to partner with one of our experienced immigration lawyers as we have a lot of experience in helping people remain in Canada after receiving departure orders. Please feel free to call us directly if you have any further questions and please refer to http://www.visaplace.com/blog-immigration-law/canada-visa-news/i-am-illegal-and-facing-deportation-from-canada-how-can-i-stop-my-deportation/ for more information

      Regards,
      Owen

      Reply
  36. Andrew

    Hello Michael,

    I’ve been studying in canada for two years and did a 6months internship on a COOP visa who ended in January. At the end of my internship the company gave me job offer but had to complete an LMO first (Labour Market Opinion), so i got an visitor visa to wait..
    The payment of the LMO never went through and I’ve been waiting for a very long time, in the meanwhile I went back home on holiday to see my parents (France) and I’ve been refused to re-enter canada when I got back at the Airport in Canada. I had to leave the same day but I’m allowed to return at anytime.
    My question is, I’m going to visit my girlfriend for 2 weeks and I have good a financial proof, but I’m scared that I wont be able to enter Canada because i’m unemployed in France and the company in Canada is still willing to hire me (to resend my LMO application). I just want to visit my girlfriend, it feels horrible to be in that situation! Your advice will be very helpful!

    Thanks !

    Reply
  37. janet

    I would be really pleased if you could answer me…. My question is also in relation to this…. I have A canadian study visa, Im supposed to go to canada in january to start studies but plans changed and Im not going there anymore…. Can I use my visa for visiting purposes ?

    Reply
  38. Jim

    Hi Michael,
    I applied for H&C and was denied. They told me to leave Canada on or before Nov. 10, 2014. My partner will sponsor me as a common law so I could stay. My question is: what is going to happen if I don’t leave Canada on Nov 10th? Are they going to come to my house and catch me to bring me back to my home country? It worries me so much. Your response is highly appreciated. Thank you in advance.
    Jim

    Reply
  39. prinzy

    Hello mike, my brother has a 4yrs multiple entry student visa to canada, he’s been here for like 8months now..the problem is, he couldn’t go to the school this year due to some personal problems so he has decided to go next year.. And now he wants to go back home and come back again on january to go to the school.. Will they allow him into canada with just the 4yrs valid visa and the valid student work permit?

    Reply
  40. arman

    I am not allowed to apply for PRRA now i m coming back to my country in 30 days.i also have a 10 year visa for america can i go to america after comming back.

    Reply
  41. guyene

    I am from Nigeria and I am Two months pregnant, can it stops me from studying in Canada after I have been offered an acceptance, my admission will start in November 2014

    Reply
  42. Anonymous

    Dear sir,
    I was a international student in canada in year 2012 But i did only one semester out of 6 from jan to apr , and came back to india after 6 more months. Before coming i didnt paid off the credit card and phone bills , but now im planning to go back to canada again to complete my studies. I just want to ask you if theres any problem or how much chances or rejection are. I will really appreciate your help

    Thanks

    Reply
    1. owen

      Hello,

      It’s hard to say whether this will be a problem, but it would probably be a good idea to ensure that you pay your bills now prior to attempting to enter Canada just to minimize the chance that you will be denied entry. Please let us know if you have further questions.

      Regards,
      Owen

      Reply
  43. Shaman

    Hello,

    Can i go to the US to visit my uncle if i had a negative PRRA decision in Canada a couple of months ago? I left the country at the time they said, i’ve got a paper called something like certificate of departure.

    Thank You!

    Reply
  44. august

    hi I am international student and me and my girlfriend who is a Canadian are planing to get marriage within 3 weeks. So can I drop our my college for a year?

    Reply
  45. Anonymous

    in 2008 my refugee claim was rejected after exhausting all options including reviews.
    My family and i were told to leave the country within a certain period or face deportation.we complied and left well before the given date.
    My youngest child is a canadian citzen and is ten years old.
    My question is if there is a way for my family to return to canada through proper immigration and secondly my eldest Would like to attend university in canada can he apply for a student visa? He was a minor when our claim was rejected.
    Your help will be greatly appreciated.
    Regards

    Reply
    1. owen

      Hello,

      Thanks for the question. If your son has been accepted by a Canadian university and meets certain other requirements (please see http://www.visaplace.com/canadian-immigration/temporary-visas/study-permit-for-students/) then he would be eligible for a Study Permit. Also, depending on your family’s specific circumstances, you may be eligible for a variety of immigration programs. Please fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  46. Angel

    Can you help us pls. I am 5 months pregnant with my boyfriend. He is a Hungarian refugee and got deported . He went back to his country with his family on June 10, 2014. I want him to come back in Canada to see me giving birth and help me to take care with the baby. ( We did not know that i am already pregnant until JULY) . What can he do to come back here? Can he apply for Visitor Visa.? I really want him to see the baby when it comes out. He is 19 yrs of age and I am 20 yrs old.

    Reply
    1. owen

      Hello Angel,

      Since you indicated that your boyfriend was declined as a refugee, he may be eligible for some other immigration options depending on the details of his personal circumstances. Also, if he is the biological father of your child, that would be helpful in any of his future applications. Please fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/.

      Regards,
      Owen

      Reply
  47. Arash

    Dear Michael,
    would you aplly for ARC regarding my case?
    i filled an assesment form here, I do really appreciate your assist.

    Regards,
    Arash

    Reply
    1. owen

      Hello Arash,

      Thanks for the inquiry. We would be more than happy to apply for an ARC on your behalf. If you have filled out an online assessment form (http://www.visaplace.com/immigration-assessment/) then one of our immigrations professionals should be in touch with you very shortly to help you move forward with your case. Also, please don’t hesitate to contact us directly at these telephone numbers/email address: http://www.visaplace.com/contact/

      Regards,
      Owen

      Reply
  48. Raquel

    Hello,

    I’m Mexican I would like to know if you could clarify for me some immigration doubts. I would really appreciate it. I got an Exclusion Order in December last year, I was wondering if after 12 months have passed since I left Canada I can go back to Vancouver, I mean this December.

    My Visitor visa is good till 2016, getting an Exclusion Order doesn`t have any relationship to cancel a given visa given, Am I right? I read on the web side that after 12 months passed I don’t have to apply for ARC. I know that I am subject to normal examination at the port of entry, I just want to make sure I don´t need to get any paper or check a requirement before buy my tickets.

    I didn’t get any stamp on my passport, I mean saying it was cancelled. Can an immigration officer cancel my visa without give me any notification of that? Can I travel this December with the same visitor visa I used last year, as I mention before, it expiration date is June, 2016.

    I’m sorry for writing you, and I really hope you can take 5 min to reply me. Honestly I’m feeling lost now, thanks in advance.
    Best Regards!

    Reply
    1. owen

      Hello Raquel,

      Thank you for the question. If one year has passed since the exclusion order was issued and you have a Certificate of Departure showing the date you left Canada (to prove you were compliant with the exclusion order) then you don’t need an ARC. It may be more difficult to obtain visa’s considering the fact that you were issued an exclusion order, and we would be more than happy to advocate for you so that you can come back to Canada. Please let us know if you have any further questions.

      Regards,
      Owen

      Reply
  49. Arash

    Hello,
    I went to Canada 2000, and according to my Lawyer suggestion I withdraw my file and Imm. sent me deportation letter a month later. My lawyer told me your story was not enough strong they accept it thats why I did withdraw.
    in 2012, I got married with a Canadian citizen in my country.
    – now she wants to sponsor me, is there any problem for me to enter to Canada?

    Thank you

    Reply
    1. owen

      Hello Arash,

      Thank you for the question. Once you are deported, the only way to return to Canada is to get an Authorization to Return to Canada, and these can be very difficult to obtain. It would be highly advisable for you to speak with one of our experienced immigration lawyers in order to maximize your chances of being able to return to Canada. Please feel free to contact us if you have any further questions.

      Regards,
      Owen

      Reply
  50. Yuzzel

    Hello there! I have a question for you, your reply will be enormously appreciated. The situation is : I claimed refugee protection but I was ordered to leave on March 2010, I bought my ticket but at the end I did not leave and stayed illegally until I was caught and deported last year (2013). We got married in 2012, 1 year before I was deported. 2 months ago we started my sponsorship process and I just got the letter from CIC today, inviting us to continue with the sponsorship process, I know my ARC application will be dealt during my sponsorship application. The question is: If our relationship is geniune, and we’ve been in loved for almost 5 years?! How likely would it be for me to get Authoization to Return to Canada to be with my wife again?
    Thanks in advance

    Reply
    1. owen

      Hello Yuzzel,

      Thank you for the question. Obtaining an ARC is quite difficult, as the CIC will need a very compelling reason to allow you to return to Canada once you have already been deported, but there may be hope for you considering that the CIC invited you to continue with the sponsorship process. It would be highly advisable for you to speak with one of our immigration lawyers who will be able to maximize your chances of returning to Canada. Please don’t hesitate to contact us if you have any further questions.

      Regards,
      Owen

      Reply
  51. Nisar.Ali

    Good day,
    I have girl-Friend came to Canada 9 months ago ” her husband responded here” new law in Canada you must stay over 2yrs in order to obtain PR, she haven’t stay with him
    my question is If her request got dined, are they going to order her to leave country ?
    and If I want to married her! and response her ” the imagination can refuse our application ?
    I just want to know that, so I can be honest with her so I wont got problem in future ?

    Thank you for your time

    Reply
    1. owen

      Hello Nisar,

      Thank you for the question. If your friend will be unable to maintain permanent residency status, there may still be options available to them (such as applying for PR based on humanitarian and compassionate grounds), however, these cases can often be extremely complex, and as such, you should speak with one of our experienced immigration lawyers in order to maximize the chances that your friend can remain in Canada. Please don’t hesitate to contact us with any further questions.

      Regards,
      Owen

      Reply
  52. Tristan

    Hello, I’ve already talked to people about this and they told me that this could not happen. I told my mom that I wanted to try moving away with a few friends. I’m 18, almost 19 in November. I am a PR and have been for a few years. I think I became one during the year of 2011, I’m not sure. I know it wasn’t during the year of 2012. She threatening me saying that she is going to have me be deported from the country.? I’m not knowledgeable with these types of things. I was only 14 or 15 when I became a PR.

    Reply
    1. owen

      Hello Tristan,

      Thank you for the question. Generally, it is not possible to deport a PR simply because the person who sponsored them no longer supports the PR being in Canada. If you have any further questions, please don’t hesitate to contact us.

      Regards,
      Owen

      Reply
  53. Annie

    Hello,

    I came to Canada almost 9 years ago and married my husband while my visitor’s visa was still valid. We had every intention of going through the PR application status but then a number of financial hits made things incredibly difficult for us and my husband’s health became very bad. Now he is disabled, on ODSP and I have no way of working. We are barely making it and have no way of paying for the application. We have done extensive research and see nothing that we can do. We just can’t take it anymore. I need to work. There has to be something that we can do in our situation so that I can work and help with the finances. Obviously, we can’t afford lawyer fees either. Neither of us have much family and don’t know anybody we can borrow from. Any advice at all that you can offer would be appreciated more than you could ever know. Thank you.

    Reply
    1. owen

      Hello Annie,

      Thank you for the inquiry. I am sorry to hear of your situation. Do you currently have any legal status in Canada? If not, there may in fact be some options available to you, and we would be happy to advise you further. Please feel free to contact us anytime at (416) 410-7484 or Toll-free: 1-877-628-3448, and also feel free to fill out our online assessment form and one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  54. jon

    hi my father overstayed in Canada for almost 12 years and now he was caught by the immigration and he had 2 choices to go back here in our country or apply for a refugee. i just wanna ask if what can my father choose into those choices. i badly need an advice. thankyou

    Reply
    1. owen

      Hello Jon,

      Thank you for the question. There may be some viable legal options available for your father, but in order to properly advise you we would need more details about his current situation. Please feel free to fill out our online assessment form (http://www.visaplace.com/immigration-assessment/) or email us at info@visaplace.com or Phone: (416) 410-7484 and one of our immigration professionals will be in touch with you shortly.

      Regards,
      Owen

      Reply
  55. Jessica

    Hi!!!

    My mother had a departure order 5 years ago. She is planning to pally for a visa this year. But she want to know if she is available to come back or she has to do something else before apply for the visa or enter the country again.

    Reply
    1. owen

      Hello Jessica,

      Thank you for the question. Your mother should apply for an Authorization to Return to Canada, prior to applying for any visa. This can be a complex and lengthy process, but our skilled immigration lawyers have helped many people return to Canada who have been previously deported. Please do not hesitate to contact us with any further questions.

      Regards,
      Owen

      Reply
  56. Mimi

    I have a removal order and lost my appeal, Can I have a student visa while I am physically in Canada, I am a student at Ottawa U

    Reply
    1. Donnell Kent

      Hello Mimi,

      Thank you for you post. If you have a removal order against you and you lost your appeal, it would be in your best interests to follow the removal order. After leaving Canada, there is a chance you can make an application for a Study Permit and a few other applications may be necessary as well. For us to have a better understanding of your situation, I strongly recommend that you visit, http://www.visaplace.com/immigration-assessment/ and fill out our free, online assessment. From there we can assess your situation, have a consultation with you and be able to provide you with all of your options.

      Reply
  57. Gaurisa

    Hello Mr. Michael Niren

    My Name is N. Gaurisa. I was born in Germany. My mother and I migrated to Canada in 1999 as immigrants and my father joined us three years later. I studied in Quebec in French and by the time I graduated high school in 2008, we received the deportation letter. I should highlight the point that we haven’t given the proper details about us which is why we were informed to deportation to Sri Lanka. Because of the war held in that country and fear, we overstayed one year and before leaving we have apologized for not telling the truth and have told them all the truth about us as in where we come from and the relations living in Canada. But still we were deported to Sri Lanka in 2009 even though I have never been to Sri Lanka in my entire life. And since we did not have a choice we sadly agreed to it too after all the begging.
    Sir, all my relations are Canadian citizens including my maternal grandparents, my paternal grandparents, my mother’s sister and 3 brothers, and my father’s brother.
    Sri Lanka is a country I have never seen before. It is almost 5 years now, we do not have any community support here and I still wish to return to Canada, obtain permanent residence and live happily with my close relations. And I still have the college admission to Vanier College which I have received in 2008 to pursue my studies in Health Science.
    Sir, we were given wrong advises which led us to this situation without anyone for support.
    Since I was young at that time (I was 9 years old when I entered Canada), I wasn’t aware of what was going on.
    We have recently sent a letter to the Minister of Canadian citizenship & immigration, Mr. Chris Alexander, about this and we have gotten a reply from the Inquiry Division on behalf of the minister stating that ARC is required.
    In my case, is this possible to obtain the same by applying the PR? or is there any other way to return to Canada and apply for PR?
    One of my uncles lives in Toronto and if there is any way and with your permission, he could get an appointment and meet you with all paper details I will post him.
    Sir, my heart always tells me that my home is Canada. I want to study, we want to come back. All my maternal grandparents’ 17 grandchildren except me live in Canada. Can you please look into my case and provide guidance of the procedures. We need your legal assistance and fullest support. My life will be lost if I don’t return to Canada. Please help.

    Reply
    1. Sarah Jane MacDonald

      Hello Gaurisa,
      Thank you for the post, I am sorry to hear of your situation. We would be happy to help you with this. Please take a moment to fill out the Online Immigration Assessment Form, from there one of our qualified Canadian Immigration Lawyers can go over your information and contact you directly with a more detailed assessment of your situation. Once you have filled out the form you will receive a response within 24 hours.

      All the best to you and your family,
      Sarah Jane

      Reply
  58. Manny

    Hello,
    My father was deported 31 years ago from canada when he was Indian Citizen, and 2 years ago when we went to Niagara falls from US as him as US citizen, they didn’t allow us to enter in CANDA because of he got deported, the officers said that it stays 30years in computer when someone get deported, Now My question is Should I apply for letter to ARC or re permission which cost around 400$ to visit To canada.

    Please suggest because as a student its expensive to afford that kind of fees.

    Reply
    1. Anna Gorovaya

      Dear Manny,
      Thank you for your post. We need to know what was the reason for your father’s deportation. There are different types of removal orders. You need to apply for an ARC for some of them, or you need to follow a certain procedures for others.

      As a rule, you need to apply for an ARC if you had a deportation order. However, you need to consult with an Immigration professional to outline all the details about your father’s case first.
      Please contact us for further details by filling out our assessment at http://www.visaplace.com/immigration-assessment/

      Thank you!

      Reply
  59. rajkumar

    Hi sir,
    in 2007 I applied for refugee statues in Montreal and it was rejected 2010
    than I never apply for federal court but I applied for humanitarian compound which was processing mean time according to family situation I went to immigration and wrote letter to voluntary return to my country and they allowed me to leaving 2011 and paid me flight charge and has given departure letter also.
    Now I want go back Canada and I want live that paradise till my life ,Please give the list of options for me
    Thanks

    Reply
  60. Mike

    Hello,

    I have a very simple question from you, as i used to live in canada for about 11 years and i am canadian citizen, i lived in malaysia about 2 years and now its almost 3 years and i am planning to go to canada back, do i need to face any problems? i used to apply my tax files and receiving my kids benefits as well.

    Please advice.

    Thanks

    Reply
    1. Sarah Jane MacDonald

      Hello Mike,
      Without knowing your specific details I can only answer this question generally.
      As a Canadian Citizen you should have no trouble entering Canada. If you would like a more detailed assessment please fill out our online form and someone from our immigration team will contact you and answer your questions

      Sarah Jane

      Reply
  61. Anonymous

    Hi Michael,
    I sponsored my husband to come to canada,and the papers get approved and he was able to come.But 1 and half month being in canada,it’s like we’re not couple,he always neglect me,that’s when I found out that he’s still cheating on me,so I left him coz I couldn’t take it anymore,I complaint to immigration,I provided them some proof,messages and pictures as evidence and got handled right away by CBSA officer,last year his cousin told me,that he told his family that his gonna be deported,but I guess he made an appeal,and last week I received a claim for divorce,my question is,is there gonna be a connection between CBSA on going investigation and me accepting the divorce,maybe my husband thinks if we get divorced we’re not related anymore,I can’t do anything and the case will just go away.Hope you can please give me advice,thank you.

    Msconfuse

    Reply
    1. Sarah Jane MacDonald

      Hello MsConfuse,

      I am very sorry to hear of your experience. It is good that you reported your separation to the CBSA, it is always important to let them know of any changes in a sponsorship situation. As far as your divorce goes, I recommend that you seek the advice of a Family Lawyer to give you appropriate legal advice in this case. If you are divorced from your husband you will not be legally ‘related’ to him however, the record of your marriage and subsequent sponsorship will not just ‘go away’

      If you have more questions for our immigration lawyers, please feel free to fill out the Online Assessment Form, that way someone from our team will review your specific details and contact you within 24 hours.

      All the best,
      Sarah Jane

      Reply
  62. Niraj

    Hi Michael
    I came to Canada in 2008 on work visa and got married here with Canadian. She sponsored me for the permanent resident but we got divorced before the application approved and she withdrew her sponsorship. In my believe, she intended to kick me out of Canada, and let me suffer hardship as punishment. We have a child here and in her custody. After I receive the decision from the cic that the application was not approved, I claimed for refugee protection and denied. I applied PRRA and denied as well. I applied for permanent residency again under a H&C and denied as well. As I go through the “reasons for decision” I found my lawyer didn’t submit the documents that I have provided him or they were lost in the processing centre. Senior Immigration officer didn’t see the proof that I am paying child care cost and he didn’t also find the documents that I have owned the house. Now I am under a deportation order since 2 months. My application to the federal court for judicial review has been dismissed few days ago. Is there anything we can make some change in the scenario? Am I allowed to apply again under H&C while no status is maintained? How much possibility is there to get approved in this condition specifically when there is no job either? I am not ready to leave my son live somewhere else, can you please help me out? Thanking you in advance and looking forward to hear back from you soon.

    Reply
    1. Sarah Jane MacDonald

      Hello Niraj,
      I am sorry to hear about your situation. I have forwarded your name and email address to one of our experienced immigration lawyers. You will be hearing from them soon.

      All the best,
      Sarah Jane

      Reply
  63. Anonymous

    Hi Michael,
    can I apply inland Canadian PR under Humanitarian
    grounds while there is already deportation order against me.
    Regards

    Reply
  64. Anonymous

    [quote]Hello
    You can’t open your refugee claim that
    was rejected in 2004. If you are in Canada,
    you will likely not be able to make a
    second claim but you may be eligible to
    apply for Canadian PR under Humanitarian
    grounds or other means. You should
    consult with a lawyer to discuss your case.
    If you wish you can complete our
    immigration online assessment
    Regards
    Michael[quote]

    Thank you so much for the reply.
    can I still apply Humanitarian grounds even my deportation order was issued in my absence from Canada?
    if yes,then a stay will be granted against that deportation order?
    Kindly,tell me in detail.
    Regards

    Reply
  65. hunny

    Hi Michael,
    I wantt to know that how long CIC and RCMP keep failed refugee claimant’s fingerprints in their records.
    regards

    Reply
    1. Michael Niren Post author

      Hello Hunny

      That is classified information I believe. I do not know the answer to that. You could submit an Access to Information Request and attempt to find out.
      Michael

      Reply
  66. Anonymous

    Hi,
    I had applied a refugee claim in 2002 which was rejected in 2004.I left Canada in thattsame year without notifying the Canadian Immigration.
    I need to know that can I reopen my clain again or can I make another claim while in Canada.
    NOTE: I have a valid USA visit visa.and come to Canadian border for for my refugee claim.
    Regards

    Reply
    1. Michael Niren Post author

      Hello
      You can’t open your refugee claim that was rejected in 2004. If you are in Canada, you will likely not be able to make a second claim but you may be eligible to apply for Canadian PR under Humanitarian grounds or other means. You should consult with a lawyer to discuss your case. If you wish you can complete our immigration online assessment
      Regards
      Michael

      Reply
  67. Jess

    Hello,

    I have a question! May2012 I had a voluntary departure. I left canada right the way. But this year I would like to come bak to visit a friend that just had a baby boy. Can I apply for a visitor visa? Thanks

    Reply
  68. Pasha Rana

    I am 27 years old married man from Pakistan, I have lived in toronto on a student visa for almost 5 years and i was deported from canada coz my refugee case was rejected, After i made it back home, my wife came to my country and we got married,
    It has been over 2 years since we are married but have not filed paper work for immigration.
    We dont talk anymore and possibly heading for divorce soon,
    My question is is there any way i can go back to canada, I am into financial crisis and dont have big money to pay. and i dont think so my wife is going to help me with paper work,
    My life has become a living hell since i am back here, there are no jobs here.no life,, no power for almost 12-16 hours a day.
    ..What are the options out there for me,
    DO u think i should write a letter to immigration n explain my situation and get help?
    i want to go back there and work n support my family.

    thanks in advance for reply and suggestions.

    Reply
  69. drag0n89

    So Mr Michael, what do you think what are the chances for my application to be approved thru conjugal partnership sponsorship giving the fact that my wife and I were already married before. Would that make the things atleast a bit easier?

    Thanks one more time

    Reply
    1. Michael Niren Post author

      Being married before-hand, if it’s a genuine marriage, will make the case stronger as a spousal sponsorship. But since you were married before and there is an immigration history this is a difficult case. We can help
      Best
      Michael

      Reply
  70. drag0n89

    Hallo Mr. Michael,

    I would be thankful if you could answer me one question. I came to Canada in Sep 2009 and claimed a refugee status as my lawyer told me that this is the only way to stay in Canada (ofcourse there were many other ways to stay but at that time I didn’t know about them). In 2011 I was charged with driving under the influence of alcohol in Toronto and I was deported from Canada because of that conviction in March 2013. For the time that I lived in Canada I met my wife and we got married but at that time she wasn’t a Canadian Permanent Resident neither. She was applying for permanent residency over Live-in-Caregiver Program and she also included me as a spouse in her application. After I was deported I was afraid that my deportation will have a negative impact on her permanent residency application and then we got divorced in 2013. Couple of months after our divorce she got the permanent residency status and she now wants to sponsor me to come back to Canada. In order to come back I need to get a Record Suspension from RCMP and apply for an ARC ….. so my question would be, do you think that I would be able to get an ARC to go and marry (re-marry) my wife in Canada, because getting married in my country is quite complicated process if you are marring a foreign citizen or could I apply for permanent residency from my home country without marring her, thru a conjugal relationship sponsorship …. and what would be the chances to get the sponsorship approved this way? Or getting married outside Canada and than applying for an ARC and Permanent Residency is adviced. Please tell me you opinion.

    Thanks in advance for your answer. Regards

    Reply
    1. Michael Niren Post author

      Hello drag0n89

      Thank you for your question. I think it will be VERY difficult for you to get an ARC, come to Canada and then get married in Canada. You will have to either marry her overseas and then apply for an ARC or apply under, as you suggested, the conjugal category. This is a complicated case given your immigration history. See professional representation for this one.
      Best
      Michael

      Reply
  71. Ramadan Dia

    Hello,

    My brother has lived in Canada since 1984, so 30 years, he lives in Alberta. His status in Canada is still landed immigrant. He never applied for citizenship due to his criminal record over the years and his illiteracy. He had multiple convictions, He arrived to Canada when he was 15 years old, no parents and no advice on life, he got into drugs and many other serious issues. He is not physiologically fit. My concern is this. Ramadan has been absent from his home country (Lebanon for more than 30 years), He has only been back once when he was in his 20’s for a 2 week visit. He has no ties in Lebanon all his family is here. (Ex-wife, mother, brothers). So if he goes back to an unstable country with no services that would help some one, he will not survive life there. As he does not know anything about that country. Does the government or the court look at these factors in their case of deporting some one that has lived here all their life? Please let me know thank you in advance and i appreciate the time taken.

    Reply
    1. Sarah Jane MacDonald

      Hello Ramadan,
      Due to the serious nature of your inquiry, I passed it on to one of our experienced consultants on the Canadian Immigration team. You will be contact at the email address that you have provided.

      Best of luck to you and your brother,

      Sarah Jane

      Reply
  72. jagdeep singh

    i did a refugee case in canada in 2003 and got denied than i married a girl in canada in april 2007 but i got orders of deportation in august 2007 and my wife was not ready to sponsor from india as she was columbian unfortunately i crossed the border and entered into usa . i applied asylum in usa and got approved now i am green card holder since 2010 can i come back to canada for a visit

    Reply
    1. Nargiza Shaibekova

      Hello Jagdeep,

      There are possibility for you to get a visitor visa to Canada. However, before to apply we need to review your deportation order documents issued back in 2007 and see if we have to apply for ARC.

      Reply
  73. Arifa

    I applied for ARC in October 2011 and on November 2013 I got a email from trp-inquiry where they asked for my, my son’s, and my daughter’s FBI report, $700 fee and proofs of my living. I send everything in before the due date. I still did not get any response. Does this mean they will approve my application?

    Reply
    1. Sarah Jane MacDonald

      Arifa,
      It is difficult to answer your question without some further information. Please fill out our Online Assessment Form and include all your details. You will receive a response from one of our experienced US immigration consultants within 24 hours.

      Sarah Jane

      Reply
  74. Rida

    Hello sir,
    I was 10 years old when me and my family was deported from Canada to the USA and now we are American Citizens. I really wanna go back to Canada and visit all my familys there. Do I need to apply for a ARC or can I just go back? Because I was under 18 and don’t even know what happen and when why and how we were deported?

    Reply
  75. Juanita

    Hi,
    I lived in Canada (Quebec) from 2004 to 2007, I applied for refugee protection and it was denied. I got a departure order and I left the country when I was ordered to. Now I want to go back under the skilled worker program, but I don’t know if I may have trouble with my application. Can you help me?

    Reply
    1. Nargiza Shaibekova

      Hello Juanita,

      If you left the country voluntarily you will not need to apply for an authorization to return Canada application and if your FSW application prepared professionally you should not have any problems. To make sure if you need ARC or not I would encourage you to contact us and have the full situation assessed and get the right advice.

      Reply
  76. Jim

    Please help me with my situation!
    My family came to Canada in 2000 with USA visa that last us 1 year and ever since that my mom was too scared to file for the immigration. In 2006 she finally applied for H&C but we got rejected alot of time even if we fight for it over and over again so we finally did voluntary departure this year. I know it’s been only short time but I can’t stand my home country! I was raised and only know canada through my whole life thats why I want to go back to Canada either through visitor or any kind of visa that is legal. What should I do? Do I need ARC? Please help me and thank you for your time.

    Reply
    1. Sonia Grewal

      Hello Jim,

      Thank you for your question. I can understand your desire to return to the country that you know and love. I suggest that you go to our website at http://www.visaplace.com and complete an assessment form. We will call you to book a consultation with you and an immigration practitioner. You will then be able to discuss in details your situation and possible options available to you.

      Reply
  77. Sandy

    Please help me with my situation!
    My family came to Canada in 2000 with USA visa that last us 1 year and ever since that my mom was too scared to file for the immigration. In 2006 she finally applied for H&C but we got rejected alot of time even if we fight for it over and over again so we finally did voluntary departure this year. I know it’s been only short time but I can’t stand my home country! I was raised and only know canada through my whole life thats why I want to go back to Canada either through visitor or any kind of visa that is legal. What should I do? Do I need ARC? Please help me and thank you for your time.

    Reply
  78. adam

    Hello

    I was deported from canada 2009 because i was in prison 9 months and never got convicted of drugs trafficking or murder none of it i want to come back to canada i got like simple assault and some other charges how long do i have to wait to apply to come back and what i need from applications step by step if you can tell me it would be helpful

    Reply
    1. Sonia Grewal

      Hello Adam,

      Thank you for question.

      Individuals can be inadmissible to Canada due to criminal charges and/or convictions, however, there are various options available to get over that inadmissibility. We would need assess your credentials and advise you on the best option(s) available to you. I highly suggest that you complete an assessment form at http://www.visaplace.com for us to advise you more thoroughly about your potential options.

      Reply
  79. Hari

    Hello Michael Niren ,
    This is Hari, I file refuse claim 1998 in Canada, which was refused in 2000 then I came USA without notify to Canadian immigration(14 yrs ago). I must be on deportation, Then I across the USA Canada border to USA without inspection, live in few years in USA waiting for immigration reform.then I leave USA 6years ago family situation. In 2006 my brother file family visa. Which is in NVC.when I file refusee claim in Canada, I used my name for exp: Ram Patel hanta ,But In USA I use my name Ram Patel .On first my Passport and all education document , birth certificate Ram Patel as well. When we file any case in Canada, they asking for family name. So my agent wrote family name. But In USA my surname is Patel. when I file DS230 form ,USA immigration asking for are you used any other name or aliases. I am not declare, I claim Refusee case in Canada,USA IMMIGRATION ASKING FOR LAST 10 YRS History. Is USA immigration and Canada immigrant sharing information. Now
    I am confused. No criminal history in any country. What can I do. Waiting your response.
    Thanks

    Reply
    1. Sonia Grewal

      Hello Hari,

      Thank you for your question.

      It is always important to always disclose all facts to any immigration body. You should have disclosed the name you used in Canada in the application you submitted to immigration in the USA. If you have not done so or if you require further clarification, I highly suggest you contact our office and book a consultation with our US immigration team and they will be able to guide you through fixing any issues with your pending application.

      Thank you.

      Reply
  80. maya

    Hi! Me, my husband and my child came in Canada like a refuuge. Now I am pregnant and I will birth baby here in Alberta now on May. Do we have any rights on hearing because baby will born here. If they refused us can we come back imediatly because my husband get an LMO (skill level c) in company where he work now.
    Thank you!!

    Reply
    1. Michael Niren Post author

      Hello Maya

      Congratulations on your pregnancy! Unfortunately, having a child born in Canada does not give you any rights to stay in Canada. However there are various options depending on your situation. You can complete our online assessment form and we will get back to you
      Good Luck!
      Michael

      Reply
  81. Sophie

    My husband was deported from canada 2 weeks after we got married, his refugee claim was declined. i sponsored him the last paper work they asked for was his IRB decision and reason, he has already provided all other information, do you know wht the process after this would be

    Reply
    1. Michael Niren Post author

      Hello Sophie

      Your husband will likely require an Authorization to Return to Canada (ARC) to get back as part of your sponsorship application. ARCs are hard to get and can delay the process. It is best to start preparing for an ARC right away so you can submit it to the Embassy. If you need help you can go to our website
      Regards
      Michael

      Reply
  82. mario

    hi i just wondering if i have the oportunity to back to canada i was under a refuge claim but it was denied,so i pay for my own ticket did everything that the officer says i was working in winnipeg in the construction so my company they want to hire me, they sent already the application for the MLO my concernt is how easy is gonna be the process if i have to do the ARC because i have all the papers that the CBSA officer gave to me and he says that i dont need an ARC and i have the CERTIFICATE OF DEPARTURE i will be appreciate all the information or wich is the best way to do this tanks

    Reply
    1. Michael Niren Post author

      Hi Mario

      Since you had a refused refugee claim you would likely have to apply for an ARC. Refused refugee claims result in deemed deportation orders so unlikely you could avoid applying for an ARC
      Best
      Michael

      Reply
  83. sam

    Hi there! i have an inquiries. I met my bf here in canada but he was married then. he came here as a dependent immigrant. he got married a month before they left canada. after 8 years of staying here he was order to leave canada for misrepresentation he did not inform the boarder officer of change of status. when he was in phil i sent him money. now he’s in the USA he got divorce there and we got married in las vegas last oct. my question will it be hard to sponsor him.

    Reply
    1. Michael Niren Post author

      Hello Sam
      Since he was charged for misrepresentation and ordered to leave Canada, he will have to apply for an Authorization to Return to Canada (ARC) in addition to being sponsored. ARCs can delay the case and they have to be prepared properly
      Best
      Michael

      Reply
  84. Jesus

    Hi

    I applied for refugee and it was rejected so eventually I was deported to my country, Now I live in USA really close to the border and I want to go to Canada for vacation, what can I do to get a tourist visa?

    Thanks
    Manuel

    Reply
    1. Michael Niren Post author

      Hello Jesus
      You can apply for a tourist visa to Canada but since you were deported you will also have to apply for an Authorization to Return to Canada (ARC) as well.

      Reply
  85. Enrique

    Hi

    I applied for refugee and it was rejected so eventually I was deported to my country, Now I live in USA really close to the border and I want to go to Canada for vacation, what can I do to get a tourist visa?

    Reply
    1. Michael Niren Post author

      Hello Enrique

      Since you got a deportation order you can’t enter Canada as a tourist until you apply and get approved for an Authorization to Return to Canada (ARC). ARCs are hard to get and will delay your visa. You have to make a strong case to succeed
      Best
      Michael

      Reply
  86. Javier

    hello my family and i were deported from canada in 2011 because our immigration officer thought that our country was not dangerous i was wondering if we had an option to return to canada because in reality our lives are in danger here it has been 2 years since we moved and my wife and i don’t have a job our kids aren’t able to get an education because it is very expensive but if we were to move back we would have jobs and my kids would be able to study please let me know if we still have a little but of hope

    Reply
    1. Michael Niren Post author

      Hello Javier

      I am sorry about your situation. You can re apply to return to Canada but you would likely have to apply for a temporary resident visa (TRV) and since you were deported you would also have to apply for an Authorization to Return to Canada (ARC). ARCs are not easy to obtain. You should consider seeking legal assistance.
      Best
      Michael

      Reply
  87. Charles

    Hi Michael and thanks for your previews answer, know my concern is about what elements can a person shows to the immigration officer at the embassy to demonstrate that this person has strong attachments to his original country in order to apply for an ARC and a TRP as worker?

    Reply
  88. Hunny

    Dear Sir,
    I had applied a refugee claim in 2002 which was rejected in 2004.I left Canada in thattsame year without notifying the Canadian Immigration.
    I need to know that can I reopen my clain again or can I make another claim while in Canada.
    Regards

    Reply
    1. Michael Niren Post author

      Hi Hunny

      You can’t reopen your refugee claim. If it was rejected and you left Canada, you were deemed deported. This means if you wish to return to Canada, you can apply for an Application to Return to Canada (ARC). ARCs are not easy to get and you should contact a lawyer for assistance. Best
      Michael

      Reply
  89. Jack

    Hi Michael!
    I have a couple of important questions! I have been suspended from University for one year since September. I renewed my student visa before september by not telling them that I have been suspended.and I’m going back to school in May. Now I’m in Canada traveling. Do you think immigration officer will find out my status in Canada (by talking to my university?)and issue me a departure order/exclusion order or anything like that? and if yes, how would they issue me this kind of thing?by mailing? calling?

    Thank you!

    Regards
    Jack

    Reply
    1. Michael Niren Post author

      Hello Jack

      By not telling immigration that you got suspended when applying for you may be making a material misrepresentation which could result in a Bar from Canada. Whether Canada Immigration will “find out” I do not know. There is a way to handle this case properly without misrepresenting your case. I would suggest getting professional immigration assistance with this one in order to avoid removal issues
      Best
      Michael

      Reply
  90. Danny

    Hi there I have a situation I would like some advise with if you can please. I moved to US in 1987 and received my permanent resident card as soon as I arrived at the airport in US. Now I’ve lived in New York trouble free till 2008. In 2001 I met my common law Canadian partner online so I decided to meet her and I went to B.C Canada to visit her for one week.
    We hit it off right away and we had great time togheter. After the week I returned back to New York but I made couple of more visits to Canada in the coming months. My common law partner notified me in 2002 that she was pregnant so I quit my job in NY and travelers back to Canada to be with her and help her out as she wasn’t doing to great financially at the time. So I used to stay 6 months and then go back across border to the US so I don’t overstal cause I was aware I’m only allowed to stay no longer than 6 months. I practically raised my daughter while my common law partner was trying to work.
    I did this all the way to 2008 and this strained my personal financial situation as I wasn’t working anywhere. In 2008 do to being severely depressed I committed a minow criminal offense and was required by local RCMP detachment to surrender my European passport as I still didn’t have a US passport yet and I did as required and was released on my own recognazence and was released. I attended court and was given a year probation and told one probation was over I would not have a criminal record and it will be expunged. But now the loss of my passport forced me to overstay and and tried getting another passport but without success. Was told that in order to get another passport from my birth country I would need to go there in person to submit byometric info. In I believe 2009 I got arrested by CBSA and kept in jail overnight. They decided to let me go the next that with the condition that I don’t leave Canada and I had to report by phone to them every week.
    They issued me a order of removal I think and told me to apply for refugee claim while I’m waiting to be processed or whatever it was. The claim wass denied of course and I kept my end of the bargain by making weekly calls to them. They all so took all my existing US identifications from when I was released from jail and this caused all my identifications to expire including my green card. So I got served a removal order in January of 2014 and left on my own expense. It was the most painful moment in my life as I had to say goodbye to my common law partner and my now 11 year old daughter which I love more than anything in this world. At the Blaine border crossing I was told to report at the US port of entry and to make matters worst I had no valid passport or valid US identification and all I had was expired green card and social security card.
    By some miracle I got thought the border and let go so I can go back to my moms place in NY. My mom and 2 brother and sister are all US citizens and I was told I’m free to go home but I will have to speak to Us Imigration judge and he will decide wethger I will have my US status taken from me and possibly face deportation to my birth country. As I’m waiting for my court date to arrive in mail I came across this blog and basically wanted to see if you could give me any kind of advice on how I can get back to my Canadian family if I can at all as this now has Caused great strain on my Canadian family not to mention now my common law partner has to do my chores as well which were me taking and picking up daughter from school and cooking for her and various other things and also go to work. She can’t afford day care as money ius just not there and she can’t afford it. I don’t work right now as I’m waiting for my Cort date. Also I didn’t mention that at the Canadian/US border I was given a temporary green card and work permit.
    Is there any advice you can give me and I was told that I’m not likely to get deported from US as I don’t have any criminal history. Thank you and god bless!

    Reply
    1. Michael Niren Post author

      Hello Danny
      That is quite the story. I am sorry about your ordeal. What you can consider is having your Canadian partner sponsor you back to Canada but you will have to apply for an Application to Return to Canada (ARC) since you have been deported and a criminal history. You have a very complicated case that will require legal representation and it could take over a year to be re-united with your partner. In terms of your US situation, again you need legal representation. But there is hope!
      Michael

      Reply
    1. Michael Niren Post author

      Hello Anna

      This may be possible but as a couple you have to qualify under the common law sponsorship category. For more information go
      here
      Basically you have to have lived together for at least one year prior to applying among other requirements.
      Best
      Michael

      Reply
  91. Mike

    Hello,

    I have two friends, we attend the same university. One of them is a Canadian who started a company on campus and the other is an international student who volunteered in the start up company. My international student friend applied for a work permit and inform the immigration officer that he was volunteering in his friends start up company on campus. However, there is a restriction on his study permit that prohibits him from engaging in work without authorization. when the decision for the work permit came out, the immigration officer advised my friend that he has been working without authorization, that some volunteering work can be considered as full time work.The immigration officer advised my friend that he has breached the condition on his study permit and for this reason that his file has been sent to the ministers delegate who will call him and interview him and if he is found guilty, the minister delegate will issue a removal order. the immigration officer also sent a departure form to my friend that he can leave willingly before being called by the minister delegate. My friend appealed the decision but the federal court dismissed the appeal n advise him to wait to be called by the minister delegate. My friend called the Immigration office and ask them about his status in Canada. His study permit expires on May 31st, 2014 and the immigration officer he spoke with told him that he’s a legal immigrant who is eligible to stay in Canada till his study permits expires. The immigration representative he spoke with also told him that no removal order has been issued for him. My friend hasnt received any message from the minister delegate as at now and he is so confused about the whole thing. He also needs to renew his study permit by next month and he doesnt know what to do. Could you please advise him on what to do?

    Reply
    1. Michael Niren Post author

      Hi Mike
      Your friend has a complicated immigration problem. Just because he volunteered for an organization without pay does not mean what he did was not “work” as defined in Canadian immigration law. It is always a question on fact. We would have to investigate this further. You mentioned that your friend went to the Federal court and his appeal was dismissed? If she I assume he would be given a removal order but you are telling me none was issued. Again we would have to look at this situation more carefully. He can contact us and we can have a consultation with him

      Regards
      Michael

      Reply
  92. Anna

    Hello my name is anna and i have a really important question can you please help me.
    My common-law partner is here in canada as a refugee (his still waiting for his interview ) his under ontario disability support program and so am i . We have a one year old baby together and i would like to sponsor him can i do that? How long would it take for him to get the PR card i heard im our case it will take up to one year is this true?
    We’ve been together for more than 4 years .
    Can you please write me back i would apriciate it
    Thank you .

    Reply
    1. Michael Niren Post author

      Hello Anna
      Thank you for your post. If you are both in Canada, you can file an in-land sponsorship application. However, if your application is not approved before the outcome of his Refugee claim, he could be subject to removal. There are ways to deal with this situation if it arises but you should be aware of it. Filing a sponsorship application does not guarantee status during the processing. For a case like this we recommend legal representation.
      Regards
      Michael Niren

      Reply
    1. Michael Niren Post author

      Hello Sheila

      If your status was lost, and if you are married, common law or in a conjugal relationship, you could be sponsored. For a Common law application you have to prove you lived with him for at least one year prior to your application.
      Regards
      Michael Niren

      Reply
  93. Nickprotected

    How I can return to CIC the money they pay for my returning travel ticket, as I have not the rigth reasons to apply for IRP yet. But I am not sure I should wait so much to pay?

    Reply
    1. Michael Niren Post author

      Hi Nickprotected

      Are you taking about your removal proceedings? Trying to pay CBSA your travel ticket? You have to attend at CBSA office and arrange for that. Do you have a travel itinerary? You should present that and get a receipt for proof of payment
      Best
      Michael

      Reply
  94. Charles

    Greetings
    I was a refuge claimer in Vancouver and my case was denied, so I had to come back to my country in 2012 within the time they gave me. I bought my flying ticket and now a company in Calgary wants to hire me. They have a positive LMO and they are recruiting workers. My concern is if there are any chance for me to get back to Canada with a working visa. I know that I have to apply for the ARC but I would like to know the possibilities that I have to expect. Thanks, any help will be appreciated.

    Reply
    1. Michael Niren Post author

      Hello Charles
      Yes you have to apply for an ARC along with your work visa if you got a positive LMO. ARCs are not easy to get but are possible. You have to make a strong case to show that despite that you had an immigration history in Canada, you intend to work only and on a temporary basis. This won’t be an easy case but not impossible. Get help with this one
      Best
      Michael Niren

      Reply
  95. Rene

    Hello michael!
    I overstayed my visa back in 2011 and i was sending back to my country so they gave me a certificate of departure and I lost it so i dont know what kind of removal order they issued.
    My question is how do i know the type of removal they issued for me?
    Best regards
    Thank you!

    Reply
    1. Michael Niren Post author

      Hello Rene
      Thank you for your question.
      If you received a departure certificate it is likely that you do NOT have deportation order against you. And since this happened back in 2011, if you apply for a TRV back to Canada you may be ok provided you prepare your application properly. Of course we would have to look into this case in more detail to be sure. You can complete our online immigration assessment form and we will get back to you.
      Best
      Michael Niren

      Reply
    1. Michael Niren Post author

      Hello Cat

      If you arrive in Canada, you can make a refugee claim at the port of entry. In order to do this you have to state your intention to make a refugee claim clearly to an officer and they will process your paperwork.

      Best
      Michael

      Reply
  96. Housam

    HI please answer me. I m canadian my wife came to canada as a refugee from the usa her case was denied. My question is what do they do with her in the usa if she is deported there? Do you they let her in ? Can she apply for asylum in the usa ?
    I cant sponsor her now bcz of the 5 years bar.

    Reply
    1. Michael Niren Post author

      Hello Housam

      If your relative was denied asylum in Canada and taken back to the USA, the US authorities could detain and remove her to her home country. It is unlikely she can apply for asylum in the US once she made a claim in Canada. If you are Canadian you can sponsor her but she will also have to apply for an Authorization to Return to Canada (ARC).

      Best
      Michael

      Reply
  97. John

    Hello Michael.
    Sorry if my question is kinda off topic. I have quite an interesting situation here. A year ago I applied for a work permit, which was eventually approved and I provided all the information in the application regarding my previous employment except one job that I was not lucky to get the reference from. Now that employer is willing to give me that reference which might be crucial for my future job here in Canada. So can I alter my resume for my next application to CIC adding the job that I didn’t mention before and provide the reference. Or it’s better not to, to avoid inconsistencies which may raise an issue?
    Thanks!

    Reply
    1. Michael Niren Post author

      Hello John
      The “rule of thumb” is to always be truthful with the information you provide in your application. If there are inconsistencies that are not material (not that important) then generally it should not be a major issue. Based on the information you provided, this seems to be the case. But to be sure, it is best to consult a lawyer.
      Michael

      Reply
  98. kim

    hi I just want to find out some information I was asked to leave Canada in march 2012 after a failed refugee claim I was asked to come in on the 19 for a removal date which was the 29 march for both my son and I would like to return to Canada for a visit and do some shopping for my newly open business how u I go about returning

    Reply
    1. Michael Niren Post author

      Hello Kim
      Since you were a failed refugee claimant, you will have to apply for an Authorization to Return to Canada (ARC). ARCs are not easy to get. You have to demonstrate why you are deserving to visit Canada despite your immigration history. There is a lot of paperwork for ARCs and they can take a number of months to process.
      Michael

      Reply
  99. steve

    i left Canada last year 2013 to see my sick mom after living there since 2006, I had a criminal conviction of indictment in 2008 and had one year house arrest and 1 year probation, but can not apply for pardon till 2020 due to the new pardon law. I then applied for a temporary resident permit to enable me return because my wife is a permanent resident and I have 2 daughters who are both Canadian by birth but was told t apply for a trv instead and explain my criminal incidence and why I shd be allowed back in canada. I was told there was a deportation order against me already which I never knew about when I was in Canada and that If my application is approved, I will need to apply for an ARC but it was not approved.

    please What can I do now cos I cant apply for a pardon till 2020

    Reply
    1. Michael Niren Post author

      Hello Steve
      Yes it seems that you would have to apply for an ARC. ARCs are not easy to get. I would strongly advise you to consider hiring an immigration law firm for this. Our Canadian visa department handles ARCs and other removal issues. If you need help, let us know
      Best
      Michael

      Reply
  100. naya

    hi.
    I have a friend who claimed asylum in Canada couple of years ago.she now has two Canadian sons and a baby on the way.im just wondering should her case fail will she be deported? and how does that work because her two children and hopefully the one on the way are Canadian by birth right.

    Reply
    1. Michael Niren Post author

      Hello Naya

      Even though your friend has Canadian children if her Refugee case is refused, she still could be removed from Canada. It may be wise to consider applying for permanent residence on Humanitarian Grounds as officers have to consider the best interests of the children before a person is removed. This is a common situation and there are cases where parents are removed who have Canadian children. Best Michael

      Reply
  101. Sam

    Hi

    I am a due to renew my PR in a few months but i lost my old passport and my new passport only covers the last 2 years. my wife and kids live in Canada (my wife is PR whil my kids are canadians by birth). While I truthfully satisfied the residence requirement, I am worried my case will be complicated since I lost my old passport and I do not have much to prove except my kids school and my house lease (I am sefl emoplyed with little income).

    Can they reject my PR card despite that my wife and little kids are in canada? what do they do if i am not able to find the old passport?

    Reply
    1. Michael Niren Post author

      Hello Sam

      I am sorry that you lost your passport. I assume you did not make copies of it which could be used as proof of your residency. In a case like yours I would prepare an Affidavit and other supporting documents showing that you met the residency requirements. It is possible that your PR Card Renewal could be refused. If this happens you can appeal it. But note PR cards are for travel. If you don’t have a PR card that does not mean you are not a Permanent Resident of Canada. In any case, I would seek legal assistance for this case. Best Michael

      Reply
  102. zola

    Hello

    My uncle is here since 2010, he had a refugee denied 6 months ago thsn the federal court did the same thing, we went to day to meet with a CBSA agent who gave him 30 days to leave the country and he agreed that they pay his ticket to leave so they booked him a flight after 30 days. After we left the office he explained to me that he will not leave the country and he explained that he signed the documents just to avoid to be arresteed! My questions are:

    Does this affect me in person if I was the one to invited him to canada

    Is he does not leave the country after 30 days will be put under an arrest Warren, if they get him will be treated as criminal

    Is there a way that I can help him to stay legal? ?

    Thank you

    Reply
    1. Michael Niren Post author

      Hello Zola

      Thank you for your question. Your uncle must comply with the CBSA requirements and then likely he will not be detained. If he wants to stay, then he has to apply for an urgent Stay of Removal to the Federal Court without delay. If this is done, there is a possibility he can stay in Canada if the hearing is successful. Michael

      Reply
  103. Manuel

    Hi

    I have a bachelor degree in computer science, I applied for refugee in 2002 and it was denied, eventually we received a deportation order in 2006. One of my kids was born in Canada. So in 2006 we went back to Mexico because of the deportation order. We couldn’t stay in Mexico because we were afraid for our lives, In 2008 we moved to USA under a TN Visa, then in 2011 I got an H1B visa, I’m still working in USA with the H1B visa, I already started the green card process. However we want to go Canada as tourist and I’m aware we need to apply to ARC and it is difficult to get the ARC, Do you think we have a good case to get the ARC based in our case? Do think is to possible for us to get the ARC?

    Thank you

    Best Regards
    Manuel

    Reply
  104. mary

    Hello that’s me mary again .. just wanted to mention that we came to canada from united state after we were not accpeted in the usa as refugees but then we were ordered to leave canada on a due date back to the us and we did .

    Reply
    1. Michael Niren Post author

      Hello Mary

      You could apply under the FSW category but since you were deported in the past, you may have to apply for an Application to Return to Canada (ARC) in addition. This is an added complication but can likely be managed given your background circumstances. It is recommended that you get professional assistance. Best
      Michael Niren

      Reply
  105. mary

    My parents and I came to canada when I was 14 years ooldand left canada when I was 17 years old because we were not accpeted as refugees .. we went back to usa then to our home country where I got married there .. now am 23 years and my husband and I want to apply for parpermanent resident application under Federal skill worker .. now my question is .. since I was deported when I was a minor can I still apply to come back to canada with him or not ..

    Reply
    1. Michael Niren Post author

      Hello Jospehine

      Thank you for your question. Generally, if you are deported from Canada, you can’t return back to Canada unless you get special permission. You will have to apply for an Authorization to Return to Canada after deportation or an ARC. ARCs are not easy to get. A strong case has to be made before you will be admitted. ARCs are filed at the Canadian Embassy and can take a number of months to process.
      I hope that helped
      Michael

      Reply
    1. Michael Niren Post author

      Hello Andy

      A county that is not visa-exempt means that nationals of that county require a visa to come to Canada. Eg. India, Pakistan and China. For countries like the UK or the USA, people can come to Canada as visitors without a visitor visa (TRV). Hope that clarifies this for you.
      Best
      Michael

      Reply
    1. Michael Niren Post author

      Hello Andy

      Generally yes it is. However, depending upon what country you are from, it may be more difficult. If you are from an NON-visa exempt country you will have to apply for a Temporary Resident Visa and you have to disclose your immigration history. If you are from a visa-exempt county, you should not have as much difficulty generally but this is always on a case by case basis. Best Michael

      Reply
  106. Dana

    Hi I have a quuestion my friends family was issued a deportation order but they stayed in Canada illegally, they are now back in their country but she wants to go back to Canada, during all this process she was a minor so some people told her she can go back easier since she was a minor, she aswell wants to apply for a visitors visa, what are her chances in getting that and her chances of going back to Canada ?

    Thank you

    Reply
    1. Michael Niren Post author

      Hi Dana

      Thank you for your question.
      If your relative wants to return to Canada after being deported as a minor that is possible. However, she will still have to apply for an ARC to come back. Yes it may help that it was not her fault that she was deported but she still has to go though the proper process to get back.
      Best
      Michael

      Reply
  107. Jack T

    Hi Michael,

    I already applied under FSW form CHC, ND and I paid the requested fees for ARC along with the explanation letter. They requested for my passports and RPRF and in CAIPS it appears that the officer has recommended the supervisor for positive ARC. Actually I was misled by an agent and who is suspended and I gave explanation with all evidences on the web and with the link of the warrant issued by Toronto Police for the agent.

    My question is, if an officer considered my case for positive determination of ARC and since he recommended the same to the Supervisor, what are the chances of getting positive ARC and how long supervisor will take to make a decision? As per CAIPS these comments were already made 10 weeks ago from now.

    Please reply me.

    Reply
    1. Michael Niren Post author

      Hello Jack T

      Seems like you have been though a lot. If your ARC application has been recommended to be approved as you state, then you should have a very good chance of getting it approved. Usually the supervisor will defer to his or her officer so as not to “fetter discretion”. Good Luck!
      Michael

      Reply
  108. sam

    Hi,

    My parents have visit visa until 2013 Nov , they apply refugee 2012 april and going to withdraw soon before the hearing date planing to leave with in 30 days. I want to sponser them in 2014 Jan . is that possible do and do I have to apply ARC at the same time . pls let me know any restrictions for the refugee for the sponsership in Jan 2014.

    Can I apply for the suppervisa or mutiple visa at the same time ??

    Ur reply is much appreciate..Thanks

    Reply
    1. Michael Niren Post author

      Hi Sam

      Your parents situation is complicated. YOu can have them withdraw their refugee claim and you can sponsor them but there are issues given their immigration history. A Super visa can be considered but that is not PR of course.

      You can contact us or another law firm for help with this one!
      Best
      Michael

      Reply
    1. Michael Niren Post author

      Hi Kelly

      Generally communicable medical conditions and those that will result in a burden on our heath care system will result in inadmissibility to Canada.
      Best
      Michael

      Reply
  109. Marie

    Hello,

    My boyfriend was given an exlusion order when he came to visit this month bc he overstaid the last time he was in Canada. In the mean time he had applied for a working program with a job offer (he”s from Belgium) and he just got accepted. When he applies for the working permit, does he still have to apply for the ARC or can he just pay de 400$ fee?

    Thank you for your help

    Reply
    1. Michael Niren Post author

      Hello Marie
      Your Boy Friend should apply for an ARC with his Work Permit. Because his removal order just happened a month ago, this will be a hard case

      Best
      Michael Niren

      Reply
  110. Lucy

    Hi there
    i wanted to know what options are available. for my brother to return to Canada. he was deported back in 2007 his case wasn’t accpted as a refugee and he did work and Canada , had a steady job and never had any Criminal records while he was in canada. it’s been 6 years now and i was wondering if i could sponsor him , if that’s not possible, can my mom sponsor my brother she’s 65 and has retired now. my brother was studying while he was in canada and got some education certificates online for computer technician.. i just would like to know what are the odds of bringing him back to Canada
    thanks

    Reply
    1. Michael Niren Post author

      Hello Lucy

      Thank you for your question. You could not sponsor your brother because siblings can’t sponsor each other to Canada. However, depending on his age, your mother may be able to. There could be other ways for him to come to Canada but because he was deported, he would require an Authorization to Return to Canada (ARC) regardless of what visa he applies for.
      You should contact a lawyer for help on this one.

      Thanks
      Michael

      Reply
  111. Moe

    hello

    i have been charged was one count of assault and i was found guilty and the outcome of it was SUSPENDED SENTENCE with one year probation, i am a perment residance in canada so my qeastion is will i lose my PR ???

    Reply
    1. Michael Niren Post author

      Hi Moe

      If your office is a pure summary conviction offence you should be ok. However, it depends on the nature of the offence in question. You can consult with a lawyer for this case who will examine your case in more detail to make sure.
      Best
      Michael

      Reply
  112. Canada23

    Hey.
    I came to canada with my boyfriend in 2010 and we claimed as gay refugees and we were rejected and we applied for the federal court and it was dismissed. How can i stop my deportation order??? Any chance to stay in canada?

    Reply
    1. Michael Niren Post author

      Hello Canada23

      You will have to apply for a Stay of Deportation to the Federal Court and may consider filing a Humanitarian and Compassionate application. It depends on your circumstances. You would have to act very fast however. You would have to hire a law firm that handles these kind of cases as well. Our firm does and we are based in Toronto but can help you regardless of where you reside.

      Best
      Michael Niren

      Reply
  113. Aboobakkar

    My refugee claims were refused but I came to India on AVRR pilot program on April 2013 can I possible to get visa for return to Canada?

    Reply
    1. Michael Niren Post author

      Hello Aboobakkar

      If you have a refused refugee claim you may have to apply for an Authorization to Return to Canada (ARC) to get back to Canada. ARCs are difficult to get so you need a compelling reason to come. Usually they are applied with a sponsorship or other immigration application.
      Best
      Michael

      Reply
  114. Malik

    I am in need please help me. In 2011 august I came back to my country voluntarily within due time as given by CBSA to leave Canada after exclusion order of 1 year. I was on study visa and doing Masters in Regina I got caught for working without work permit it was just my 2nd day at work. Moreover my winter semester grad was 84 %. Anyways its history now. I hired a lawyer but he coudn’t save me at final hearing and exclusion order was issued to me which I complied with by leaving Canada and obtaining Certificate of Departure.
    At that time I was on self funding admission but now I got funded admission in a Canadian university for Masters (Full scholarship). And I applied study visa again on that funded admission for fall entry 2013. Moreover, one year time penalty for Exclusion order was over as of august 2012 but problem is at that time my ex study visa got expired

    Kindly tell me my chances now as I have full scholarship. Because I have heard if you have fully funded scholarship from Canadian university then Visa chances are high. Looking forward to hear from expert soon. Thank You.

    Reply
    1. Michael Niren Post author

      Hello Malik

      Thank you for sharing your case. It is a complicated one. If you had an Exclusion Order, geting a new visa now will be difficult. You have to make a VERY strong case to show that there will be no issues should be be admitted to Canada. A fully documented case must be made in your case.
      Best
      Michael

      Reply
  115. anakh kaur

    hi
    i claimed for refugee status in montreal in 2004 and was refused. praa. humanterin too. and was order to leave canada i bought my own ticket and came back to india in 2007 may. can i apply for visa again. is there any chance for a visa.
    thank you

    Reply
    1. Michael Niren Post author

      Hello Anakh

      You could apply for a visa to return to Canada after you are removed but you would also have to apply for an Authorization to Return to Canada (ARC) which is hard to get unless you show a compelling need to return to Canada and that you will not break any immigration rules upon your return. This is not easy. But depends on the case. You should retain the services of an immigration lawyer for this case.

      Best
      Michael

      Reply
  116. Angel

    hello my name is Angel, and I have been deported from Canada because of my criminal history,.aggravated assault being the worst.my question is can I ever come back to Canada? I am putting in for a pardon and am hiring a much better lawyer,because that’s what I have been advised to do.i have family in Canada and they are all citizens.please respond me asap.thanks.

    Reply
    1. Michael Niren Post author

      Hello Angel

      In order for you to return to Canada you would need to apply for an Authorization to Return to Canada (ARC). A good lawyer could assist you with this case. I assume your charges were in Canada in which case you would also need a Pardon.
      Best
      Michael Niren

      Reply
  117. Khalid

    My friend was deported from Canada and inadmissible in Canada for one year. He had illegally entered Canada from USA. He had legal status in USA at the time on entry in Canada. His Canadian wife had sponsored him under family to immigrate to Canada.
    He still has a visa to go to USA. I have two questions.
    Can he enter USA from his country and remain in USA without any problems until his visa is valid?
    Can his wife re-sponsor him for family immigration in Canada?

    Reply
    1. Michael Niren Post author

      Hello Khalid

      Assuming your friend has a valid visa and no inadmissibility issues, mostly likely he could enter the US. He wife may be able to re-sponsor him but may have to apply for an Authorization to Return to Canada (ARC) as part of the application due to his previous immigration history. A complicated case.

      Best
      Michael

      Reply
  118. Simone

    Here is the story…was eligible for pardon back in 2012 February, and as my application was about to be mailed off then boom the new Bill C10 came in where it changes everything…added another 5years to the wait…my question is I was deported to Jamaica and my wife and kids are there in Canada…is it possible for me to visit my family there…pardon is underway with pardons Canada…but the new bill c10 affected everything and my process for being sponsored right now is put on hold…what options do I have? Please I really miss my family.

    Reply
    1. Michael Niren Post author

      Hello Simone

      Thanks for the question. Bill C10 did make things more difficult. You can apply for a TRV if you also apply for a Application to Return to Canada (ARC) with the application. These are often complicated cases. I would suggest seeking legal assistance for this one.
      Best
      Michael

      Reply
  119. sam

    Hi
    My partner was deported in july 2012 because of bridging his conditions when he was on it. He was a permenant resident. Is there anyway of him entering Canada or he has to wait 10 years and get a pardon. FYI -I am not a Canadian only a permanent resident.

    Thank you

    Reply
  120. tasha luv

    hi Michael

    i lived in Canada for five years. was deported after a failed refugee claim. i left Canada since 2010 and my husband stayed backed. he’s now back home as well. Now we would like to return to CANADA BADLY. I Had a PR application under the skilled worker since I’m a nurse and was working as a nurse in Canada. this application to date has not been approved but i did get the ARC approved. My question is what other routes can i take to return to Canada legally since i have written and passed the exam as a nurse in Canada. i thank you for your response.

    Reply
    1. Michael Niren Post author

      Hello Tasha

      Thanks for the question. If neither of you are PRs in Canada, the Skilled Worker route may be best but you will have to wait until April to find out what the criteria is. Or if you have a job offer, you may qualify for a work visa.

      Best
      Michael Niren

      Reply
  121. Kaspah

    Hi

    i came to Canada with some friends from SLU (my home country) in 2008, my friends returned home but i wanted to stay and so i did,, i met some great friends here and developed a family bound. They even allowed me to stay @ their house as long as i wanted. They’re all Canadian citizens, and want me to be the same so i don’t have to go back. i’ve lived in Canada for almost 5 years now under their care, but i wanna start a better life here, i like it here. Since i’ve overstayed, i wanna know what are the best options for me at this point? also , if i do get married will it help so that i don’t have to go back home..? I’m really frustrated and tired of locking myself away in fear that i will get caught!!!!

    Thanks much

    Reply
    1. Michael Niren Post author

      Hello Kaspah

      Thank you for your question. You may be eligible under the Humanitarian and Compassionate (H&C) Category given that you have made a life for yourself in Canada. Your situation is indeed precarious so I would seek legal assistance right away. If you get married you have to do so for genuine reasons not for immigration purposes. Being sponsored by a Canadian citizen can help your case but we have successfully processed many H&Cs for single people.

      Best
      Michael

      Reply
  122. ANNE

    Hello
    Mi fiance is inadmissible to Canada. He was here illegally for two days before being deported back to the US. Problem is we are expecting a child in June 2013. Is there any way he will be able to be here for the birth of our child. If so what route do we take.

    Reply
    1. Michael Niren Post author

      Hello Anne
      Thank you for question. Your Fiance may need an ARC to return to Canada. Not sure it can me done on time for the birth. An urgent case for sure. I assume you are Canadian. You could sponsor him with an ARC but this will take time beyond June.

      Regards
      Michael

      Reply
  123. MJ

    Hi

    I have a friend who is required to leave the country in exactly 2 weeks but she has a 5 years old daughter who is a born canadian citizen. She would ik to leave her daughter in my care while she’s gone. Is this possible? The child is my godchild as well and I want the best for her but how would we go about this situation the proper and legal way?

    Thank you

    Reply
  124. Bam

    Hi,

    I entered Canada in 2006 while I was a minor (17 years old) with my parents with student visa and my parents decided to apply as refugees. We lived there for about 5 years and had to go back to our home country as we were rejected as refugees in 2011. We didn’t extend our stay, we left the country and bought I our own plane tickets. I’m 23 years old now and living in NZ (NZ is not my home country) legally as a student. I’m thinking to return to Canada and apply with student visa. Is there any way for this to be possible? If there is, then do I need to get an ARC? I would argue that I applied as a minor at the time under my parents.

    Reply
    1. Michael Niren Post author

      Hello Bam
      Even if you were a minor it would be a good idea to apply for an ARC as you have an immigration history even if under your parents. And yes you would make that argument.

      Regards
      Michael Niren

      Reply
  125. Diau

    Thank you Michael to answer my question.
    Our situation is:
    my wife came to Canada as a refuggee in a jounior age with her parents… after some years… almost 7 years… their refugees status got rejected… and they need to deport within 2 months….
    I have married my wife last year at August… I’ve submitted the application of inland sponsorship for my wife… we are still waiting for the approval…
    Now, she is deporting… in what way I can keep my wife in Canada to wait for the approval of the sponsorship?
    Our marriage is genuine… we met at church… dated for some years… married under the oath of church… we are living happily as a young couple… we both have jobs… we don’t want to part…
    please advice us…
    many thanks…

    Reply
    1. Michael Niren Post author

      Hello Diau

      Is you wife in Canada? If your application for sponsorship is in process, you may have to file a Stay of Removal to prevent her deportation. It really depends on the case. If she already was removed you can bring her back with the sponsorship application by applying for an ARC with the application.

      You may want to get an immigration lawyer to assist with this one.
      Best
      Michael

      Reply
  126. Roshan

    I am a failed refugee claimant and deported from Canada on May 2010, but originally CBSA ask me to leave from the country on August 2009. After my departure from Canada I have studied and obtain a Bachelor of Arts in Business Management degree, and currently I am in the process of obtain a Post Graduate Diploma in Management as well, and on top of that I have gained valuable work experience too. So when I am calculating the points applicable to me under the new Federal Skill visa scheme it shows that I have enough points to apply for the Federal skilled immigrant visa scheme. My concern is if I apply for an immigrant visa under the federal skilled immigrant visa program, will CIC approve my ARC application?

    Reply
    1. Michael Niren Post author

      Hello Roshan

      You will indeed have to apply for an ARC with your SW application. I do not know if CIC will approve it. You have to make a case for approval and it is up to them to decide if your case is strong enough. For people who have an immigration history and were deported in the past, it’s best to seek professional assistance.
      Regards
      Michael Niren

      Reply
  127. tali

    helo to you i wfor as in canada for 5 years i have to canadian kids i have deportaiton order the immigraiton refuse my huminatarion and p r a and refuge apllycaiton in Oct30/2011 we left canada i am from israel my kids has canadian passports can i apply to canada does we need promisson to enter to canada thank u

    Reply
    1. Michael Niren Post author

      Hello Tall

      Thank you for your post. If you were deported from Canada, then you can apply to return to Canada though an Authorization to Return to Canada (ARC). ARCs are hard to get so it’s best to have another application accompanying it.

      Reply
  128. Diau

    my wife is a rejected refugee, and i am applying sponsorship, in what way she can stay in canada until our sponsorship got approved?

    Reply
    1. Michael Niren Post author

      Hello Daiu
      You can apply to have your wife come to Canada though a Sponsorship Application but since she was rejected as a refugee, Canada immigration may also refuse the sponsorship if they believe that the marriage is not genuine and that she is only using the sponsorship application as a means of getting to Canada. You therefore have to make sure you have a very strong application.
      Regards
      Michael

      Reply
  129. Nilan

    Hi Michael,

    I was failed refugee claimant and deported from Canada on May 2010. (Departure order became a deportation order) However, since after I came to home country I have acquired necessary skills such as Bachelors degree in Management and few steps away from completing my Post graduate diploma in Management. On top of that I have gain valuable work experiences as well. When I am calculating the points applicable to me under the new Skilled worker visa scheme I have necessary points to apply for the Federal Skilled Visa scheme. My concern is will CIC grant me an ARC when they are taking consideration of my current skills, and eligibility to apply for the Federal Skilled immigrant visa?

    I don’t have any criminality record in Canada and it mentioned in the Certificate of Departure as well, but they have wrote A36.

    Please kindly tell me possibility of CIC approving my ARC and chance of coming back to Canada.

    Reply
    1. Michael Niren Post author

      Hello Nilan

      You can apply for an ARC in this case but it’s hard to predict if your case will be approved. ARCs are difficult cases usually. Seek professional assistance
      Regards
      Michael

      Reply
  130. Haniye

    I was deported from toronto on June 10 2010 due to the fact that my mother did not work legally in canada for 6 months. She was on disability and we had health insurance and i attended school. I was under 18 and my brother passed away there ,he is burried there. My brother passed away the day my mother got a job but due to the situation was not able to continue. I have been working in Iran as a english Pre-school teacher for the past ten years, I support my mother and I am lost! We lived in Canada for about 11 years, please is there any way I can apply to return to canada? Canada is truely the only place I can call home since i spent most of my youth there. I dont have a criminal record and have never been arrested in canada or any other place , please can u help me in any way to return? thanks a million.

    Reply
    1. Michael Niren Post author

      Hello Hanlye

      Thank you for your question.

      You may be able to qualify for Canadian immigration if you fit into one of the categories. You may also have to apply for an Authorization to Return to Canada (ARC) given your deportation in 2010. The big challenge here is to have you qualify for Canada immigration in the first place. You should get a professional assessment for this.
      Regards
      Michael

      Reply
  131. farhan

    my freinds wife an american green card holder come vancouver canada she made a mistake and claim as refugee from somalia she didnot tel them she have americn green card they find out that she isn’t honest with them and she have green card she is deported to canada how do she join her husband who is canadian .
    thanks

    Reply
    1. Michael Niren Post author

      Hello Farhan

      Your friend’s wife will have to apply for an ARC to return to Canada. If her husband is a PR or Canadian he can sponsor her but she will still need an ARC.
      Regards
      Michael

      Reply
  132. Oktay

    Hi there

    I was refugee in Canada , I get negatif answer from immigration
    And I did apply for revew my case and I get negatif answer

    Than I get deported from Canada however I left Canada the time they ask

    I would like to return Canada but I am not sure if I need to apply for ARC

    If you can help me for that matter

    Regards

    Reply
    1. Michael Niren Post author

      Hello Oktay

      Yes if you wish to come back to Canada after being deported you would need an ARC. But in most cases, ARCs are applied with another application like a Permanent Resident application. If you just wish to come to Canada as a visitor, you may have a hard time getting an ARC
      Regards
      Michael

      Reply
  133. shurvon

    hi
    i recently applied for refugee which was turned down, now i have a denature or removal order against me. i am married to a Canadian born girl and i have a valid work permit but it looks like the order will be enforced soon. we applied for sponsorship recently but no answer yet.

    how do i fight the removal?
    if i cant fight it how do i return to my wife in canada?
    will my application be denied?

    Reply
    1. Michael Niren Post author

      Hello Shurvon

      Thank you for your question.

      This is a serious situation and you should get legal assistance as soon as possible. Our firm and other firms could help with fighting your removal from Canada.

      Best
      Michael Niren

      Reply
  134. ano

    Hi Micheal,

    I was deported from canada (refegee demand rejected) and I returned in New York few days after. Before I was a student in Canada (Master degree). I still have a valid study permis. I applied for Visa and now I am waiting. My question: Do you know the average delay (in New York) Of The ARC. Thanks

    Reply
    1. Michael Niren Post author

      Hello Ano
      ARC applications can take many many months to process. And since you have an immigration history as a refugee that will make it much harder for your application to be approved. Many ARCs are applied with a permanent resident application eg. where there is a sponsor. If you are just applying to study in Canada, it will be difficult for an approval in this case.
      Regards
      Michael

      Reply
  135. vanessa

    hi , my name is vanessa and im 24 years old , my family and i went to canada in 2001 and we were deported from canada on the 29 of december 2011. i have 2 canadian born children and iam not married nor in a relationship with my childrens father … i know that i have to request permission to re enter canada but what im not sure about is if after i enter canada if i can apply for permanent residency on my own … my childrens father really wants to see his children as he hasnt een them in a little over 1 year because they came with me to live in the acores portugal .. he can not travel as he was recently diagnosed with anxiety and can not travel by plane .. so i was wondering if i apply for the permission to retun and get accept how long does that allow me to stay in canada .. i want to be able to bring my children to see their father but im scared i wont be allowed to stay for too long and being a single mother its going to be hard paying all that money for flight tickets and not being able to stay too long please i need advice , thank you
    sincerly; vanessa

    Reply
    1. Michael Niren Post author

      Hello Vanessa

      If I understand you here, you were deported from Canada with your family and wish to return. If you do not have a relationship with your child’s father (who is Canadian) you may have a difficult time getting back to Canada. If you do have a relationship, depending what it is, he may be able to sponsor you and you can apply for an ARC (Authorization to Return to Canada). Applying for Canadian PR on your own is difficult unless you have a lot of education and speak very good English or French and have high level work experience. Your best bet it is to be sponsored to Canada.
      Regards

      Reply
  136. Luís

    hi,i am a portuguese citizen and i was in canada in the 80s i was not legal and i had a problem with a couple of girls they were in prostitution and livin in my house for 1 week then they told the cops they gave me the money,that was a lie but i was claimed guilty and spent 2 months and a half in prison then the court asked me if i wanted to do time or come back to portugal,i came back to portugal and paid 5000 dollar this happened in 91,now i wanna go to canada to work and i have a canadian daughter in burlington,but i wanna know first if i can go without any problem,in purpose it happened in toronto,thanks for your attention sir.

    Reply
    1. Michael Niren Post author

      Hello Luis

      Thank you for your question. If you have been deported from Canada, you can only return if you apply for an Application to Return to Canada (ARC). Usually an ARC is also with another application such as a sponsorship application for example. You can apply for an ARC at your Canadian Embassy in your country. The application can take a number of months to process and is not easy. If it is approved, you can return.

      Best of Luck
      Michael

      Reply
  137. raj

    hi.my boyfriend has came to Canada from the uk becz of his first marriage and now they are facing sum problemz and theres a case against him in court and his wife has canceled his sponsor so when he get sentence in two weeks it will most likely be 2 months in jail and when he get out he will be deported back to the uk. I want to know after he goes to uk and gets his divorce from his first wife will I be able to sponsor him back to Canada, I am Canadian citizen. is there anyway that I can sponsor him.

    please mail back thank you

    Reply
    1. Michael Niren Post author

      Hello Raj

      You cannot sponsor your boyfriend unless you are in a Common Law relationship, married or a conjugal partner. Other than that he could apply for a TRV to Canada but if he has a criminal record that could cause further complications. Not an easy situation here
      Best
      Michael

      Reply
  138. casey

    if you are deported because someone failed to submit your papers and took your money can you return with a study permit to attend school because it was one of your goals before deportation

    Reply
    1. Michael Niren Post author

      Hello Casey

      No one is deported because papers are not submitted alone. If your status was illegal then you could be subject to deportation and you would need a special permit to return to Canada.

      Reply
  139. zaza

    hi we were deported from canada 3 months ago i guess its also called departure order. anyways we were refugee as a family bıt they accepted two of my brothers applications but not ours(mine, moms and dads). i really want to go back to Canada because i grew up over there. so is there anychance we can go back to Canada and have our family united again?

    Reply
    1. Michael Niren Post author

      Hello Zaza

      Thank you for your email. I am sorry about your deportation to Canada. If you had a departure order but not a deportation order you may be able to apply to come back to Canada. If not, you would need an authorization to return to Canada (ARC). I hope that helps
      Michael

      Reply
  140. Memo

    HI
    Me and my family went to Canada when I was 13, when i was 17 we had to go back to our country because we were not accepted , we were refugees. I am now 18 and i would like to know if i would be able to get my visa to go to Canada to visit some friend and my girlfriend on summer. And i would like to know if having the us visa would help? something else i wanted to know is if i would want to live in Canada again what would i need to do i know if i get married my girlfriend could sponsor me we are engaged and we have been sent”s before i left. i have had friend that were deported then got married and returned to Canada but we want to get married but more into the future not yet, and she is older then me she is 20. What could i do to try to go back to Canada and apply would it affect me that i was there already ?

    Reply
    1. Michael Niren Post author

      Hello Memo

      Thank you for your question. If you were deported from Canada before you can return if you apply for an Application to Return to Canada (ARC) even if you are sponsored.

      Reply
  141. Maria theresa cuevas

    I am marrying a canadian citizen i am a PR but his first marriage got voided and his wife got deported but still using his surname in facebook to let people know that she is still carrying the name . She is married before she married my bf now and with a child fake her status.. Question: is it safe for me to marry my bf now coz he filed banckruptcy.. If we do joint accounts , am i safe? Am i not get affected about my rating or what he had for his banckruptcy due to his ex wife? What can i do to let this girl know that she is not allowed to use his surname anymore? Im a filipina and ex cheater wife is a filipina deported due to crimes not paying bills and false status.. Hope to have ur reply thru my email ..Greatly appreciated.

    Reply
    1. Michael Niren Post author

      Hello Maria

      Thank you for your question. This is a complicated case! If your fiance is bankrupt that could negatively effect the sponsorship application and if there is a prior immigration application that could as well. In terms of getting married, that is a family law question not an immigration question. You will have to ask a Family Lawyer. But from an immigration sponsorship perspective, there will be issues. We can help with this but we would have to learn more about your situation first.

      Regards
      Michael

      Reply
  142. joy

    my friend’s boyfriend was deported 2years ago.he was here as refugee.he went missing for almost a year but returned to my friend when she is about to received her permanent residency.he then asked her to marry him so she can sponsor him back here.can he come back thru spousal sponsorship considering he has been deported as a refugee?he didnot go back to his home country, albania, but settled in US instead.im not sure what is his status there.

    thank you!

    Reply
    1. Michael Niren Post author

      Hello Joy

      Thank you for your question. Your friend could possibility sponsor him but because he was deported he would likely need an Authorization to Return to Canada (ARC) approved before he is admitted. ARC applications can be complicated so it is important that she contact a lawyer to assist with this one. Good Luck !

      Reply

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