US & Canada Immigration News

I am illegal and facing Deportation from Canada. How can I stop my Deportation?

About deportation from Canada

At our office, we handle many deportation from Canada cases. The Canadian government department responsible for deportation from Canada and removals is the Canadian Border and Services Agency (CBSA). The CBSA is, among other things, in charge of protecting our borders from inadmissible persons and proceeding with removals against inadmissible persons who are already in Canada. 

What can you do when facing deportation from Canada?

Depending on the reason why someone is being deported from Canada, there are a number of approaches to take to stop deportation proceedings. The usual sequence of events go as follows:

  1. The Person receives a letter from CBSA requesting that he or she attend an “interview” at a local Canada Immigration Enforcement office (in Toronto this is known as the Greater Toronto Enforcement Centre or GTEC).  This letter usually comes after some failed hearing or application the person has made to stay or remain in Canada.
  2. The Person attends this interview and is advised in writing that a removal date from Canada as been set, usually around a month later.
  3. At this stage, the person can either prepare to “pack his bags” or fight the removal or deportation from Canada. Fighting the removal is a complicated process and should be handled by an immigration lawyer or professional.
  4. Generally the first step is to request that Canada Immigration defer or stop of removal from Canada.  You have to have a valid reason for this request such as a pending an application for Canada permanent residence, medical or educational reasons. Just asking to delay removal will not cut it.
  5. In most cases, Canada Immigration will not agree to defer removal as it is their mandate to proceed with deportations for what they consider “deserving” cases.
  6. Assuming that the request for delay is denied, then the next step is to prepare for what is known as a Federal Court Stay. A Federal Court Stay is a motion to the Federal Court of Canada asking the court to stop the removal. There are many technicalities involved in preparing for and arguing a Stay. It involves drafting legal arguments, researching case law, and assembling supporting documentation that will be reviewed by a Judge. Further, oral arguments to a Federal Court Judge have to be made by lawyers for both sides (the client and Canada Immigration). The Federal Court judge can consider many different factors in making a decision on whether or not to grant or refuse the Stay including humanitarian and compassionate factors, harm to the person and his or her family, the reasons for inadmissibility etc.
  7. If the Stay is granted or approved, then the removal is stopped, usually pending an application for permanent residence, an appeal or some other application. If the Stay is denied, then the deportation proceeds according to schedule and the person is removed from Canada.

The most imporant step one can take in successfully dealing with a deportation from Canada situation is to act quickly. Once you receive a letter from Canada immigration requesting your interview, don’t sit on it. Get help right away. Canada Immigration will not wait.

 

Michael Niren

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

126 thoughts on “I am illegal and facing Deportation from Canada. How can I stop my Deportation?

  1. Selly

    Hi.

    I live in US illegally actually came B1 visa and have a US born kid with my partner of 8 years. Can i apply for a Canada visa from US? What part of Canada is a better place to live and work?
    {Please advise us what grounds of immigration we are possible to apply and get approved?

    Selly

    Reply
    1. Muga Rajbhandari

      Hello Selly. Thank you for writing to us. We have been receiving many request regarding Canadian immigration. We will need to know more about your situation in order to figure out the best strategy for you to take. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  2. Roni

    My work permit expired like 4 years ago, I got married and a now a 2 year old daughter. I dont have anything that is valid that can make me work legally or even apply for police records back home since one of the requirement to obtain police clearance is valid work permit ( I need Police clearance from my origin of country in order to obtain canadian police clearance which is requirement to proceed for visa application). Therefore, I cant even proceed to apply for spousal visa. If I’m going back home it will be a tremendous and horrible chance for me to return here in Canada. What should I do? I am frustrated I cant go to work, cant go anywhere, cant renew my passport.

    Reply
    1. Muga Rajbhandari

      Hello Roni. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. There are manuy hurdles that you will need to overcome, and we will need to know a lot more about your situation and that of your family. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  3. Paul

    Hi,
    I came to canada on study visa in 2013 and then i apply for study permit extension in 2015 but it was denied and I received a letter to leave canada in 30 days. Now i have gf we talking to each other for almost one year and she is PR in canada. Can she sponsor me and can i get PR if she sponsor me. What is processing time right now.
    Please need advice. I am illegal in canada.
    Thanks

    Reply
    1. Muga Rajbhandari

      Hello Paul. In order for your girlfriend to be able to apply to sponsor you for permanent residency, you must either be in a common-law relationship (2 years minimum), or be legally married. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  4. Teresa

    Hi, I am an American citizen that’s been living in Canada since 2008. My Canadian husband and I got married in 2012. I have no proof of entry and am wondering where we go from here.

    Reply
    1. Muga Rajbhandari

      Hello Teresa. You should be applying for an Inland spousal sponsorship so that you may obtain legal status in Canada. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you to take at this time. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  5. Happy

    Hi
    I am indian. I have a approved eTA. I just wanna to know that if i am reach at canada airport then what will be next step for me. I dont want deport process.
    Is this posible for me to hire a lawyer.
    Means i wanna to stay in canada.
    I have no criminal background.

    Reply
    1. Muga Rajbhandari

      Hello. Thank you for writing to us. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  6. Mary

    Hi
    My case is so complicated, I’m a uk graduate , and my FLR was refused and came back to my Home country reason for FLR was (pregnancy &course completion) I would like to apply for Canada student visa for my PC.. what is the chance of getting study permit to Canada and my family is also accompanying me

    Reply
    1. Muga Rajbhandari

      Hello Mary. Thank you for writing to us. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  7. Ash

    Hi, i have a question, my sister will be deported from canada, should she be deported to country of origin? or is it possible for her to go to other country as tourist visa? appreciate if you could let me know the answer asap.

    thanks.
    Ash

    Reply
    1. Muga Rajbhandari

      Hello Ash. A deportation order is very serious. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for your sister so that she does not jepordize any future desires to come to Canada. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  8. Anu

    I am Canadian Citizen now and I have got my wife’s Immigrant visa denied from CIC and appeal was also got dismissed, any option left for me? Do I have to reapply, Please give me some advise and I will book appointment regarding details..

    Reply
    1. Muga Rajbhandari

      Hello Anu. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you and your wife. Time is of the essence. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  9. eunique

    Hi
    i am born Canadian
    my fiance is not we have children together and he has been here over ten years but was a pr and lost status and is facing deportation due to criminality. is there any way at all we can fight the deportation we have appealed and been denied then appealed the denial and have been denied what else is there left to do?

    Reply
    1. Vahe Mirzoyan

      Hello Eunique. Deportation orders are very serious, and very stressful. I am going to recommend that you contact us as soon as possible to make an appointment to talk with one of our immigration professionals who will be able to gather all the details of your situation, and plan the best strategy for keeping your family together with you in Canada. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
      1. Jeff

        Hey Babe, just wanted to ask that when I came to Canada back in 2011, in my first year just for the summer I worked without a proper permit.Now that i have graduated,got my post grad work permit for 3 years and I have been working full-time for the last 6 months,I am eligible to apply for my PR but ,
        I’m kinda nervous and confused as to if,I should declare my first summer work. Thanks for your time.

        Reply
        1. Muga Rajbhandari

          Hello Jeff. We will need to know all the details of the visa that you were in Canada with in 2011, and the type of work, and how long you worked for. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to look at all your details and guide you in following the rules of the law. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
          Regards, Muga

          Reply
    2. Jozef

      Hi.I came to Canada in march 2012 as refugee .My refugee case was rejacted as well as federal apeal .I left Canada in august 2014 in program AVRC .I have in Canad 2 brothers and they got a refugee status .We were living in one house in one street and now we are separated .My brothers had a difference lawyer ,who was preparing them for a hearing .My lawyer did not take care of me and that is way I did not win .I would like to return .Do you know any way ?

      Reply
      1. Muga Rajbhandari

        Hello Jozef. Thank you for writing to us. We need to know a lot more about you and your case before we can give you any advice. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
        Regards, Muga

        Reply
  10. Vikram

    Hi
    I am Indian citizen.
    Last year I got a tourist visa in Canada.
    My wife she is Makeup Artist. I saw in Canada she can have great scope for work.
    Do I know what we do if we like to move there along with our kids for work ?

    Reply
    1. Vahe Mirzoyan

      Hello Vikram. The first step that your wife should take is to find a job in Canada that she would be interested in. This can be done by searching the Canadian online job search engines such as http://www.indeed.ca and http://www.monster.ca to name a few. Once your wife receives a job offer, we can help her get the work visa that she will need.
      Regards, Vahe

      Reply
  11. Harsh

    Hello, I came to Canada on study permit in December 2014 but didn’t attend school for long and in September 2015 I again joined school, but then again went to school for 1 semester only. My study permit is till november 2016. Now I don’t know what my status is ? Am I illegal or not ?
    And if I plan to visit my country, will I be deported back or can I come back after couple of months?
    Plz reply.

    Reply
    1. Vahe Mirzoyan

      Hello Harsh. You need to be enrolled and attending classes for your study visa to be valid. When you attempt to re-enter Canada after your trip back home, the immigration officer may ask you for proof that you are enrolled, and that you are attending classes. You may have a problem re-entering at that time.
      Regards, Vahe

      Reply
      1. Harssh

        I am not attending school since january 2015 and i heard that not going to school for straight 90 days results as negative status of a student and will be sent back. Is it true and is there any solution ?
        plz suggest.
        Thanks.

        Reply
        1. Vahe Mirzoyan

          Hello Harssh. Yes you are correct. 90 days does put you out of status. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
          Regards, Vahe

          Reply
      2. Tejinder Singh Bhatti

        hello Vahe.

        Ihave a question. A friend of mine is in Canada since 2007 as an international student. He could not keep up with his studies or say in other words never went to school beacause of financial problems or family matters however he was legal till 2014 or 2015. He is Indian Citizen and now living in Canada illegally( i assume ) as he has no documents whatsoever. His Indian passport expired in 2015 and finally he made the decision to go back home. What should be the next step. Can he apply for reissue Indian passport in canada or not as they ask proof of ducuments and all? It will be really a big help as his financial condition is worst and in debt to many people lol. Also if it does matter, he got 10 years of visitor visa for U.S.A. which is gonna expire in next 3-4 years i guess. please advice what to do. Only thing he wanna do now is go back to his Family back home and start a new life. What are the chances at immigration ( at airport). Should he just surrender himself to the Canadian Immigration or Government or are they gonna let him fly back home if he gets a new passport after all the valid process or deport him. He never received any document from government though such as deportation etc. he has clean record in Canada as well as in India.

        Reply
        1. Muga Rajbhandari

          Hello. Your friend’s situation is very complex because of the overstays and lack of a valid passport. I am going to suggest that your friend contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for him. He can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
          Regards, Muga

          Reply
  12. Dee

    My fiance lives in Canada his refugee case was denied. Because he has no proof of port of entry into the country previously he lived in the United States illegally to do not have proof of entering the United States. What other options do he have?

    Reply
    1. Vahe Mirzoyan

      Hello Dee. From the facts that you have given here, it appears that your fiancee must leave Canada in order for him to apply for Permanent Residency. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you and your fiancee. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  13. Casper

    hi, Had a quick question, WHAT ARE OUR (i hawe common law partner) CHANCES TO STAY IN CANADA if i can get LMIA, in my work position, we applied for pr in 2014 did not made the cut for the end of the year, they changed the system so that we had to apply for the express entry system, and off course i did not get puled from there,because did not have enough points, so now the profile has to be recreated because the year is over. just to add – we do not know or situation on what ground we are here illegal- possible, because or visas expired already a year and a half ago!, so we just wanted to know is it worth for us to try again, based on that we are ilegal (probably) – spend thousands of dollars and live from nothing, or just move on to EU, ps. we are European citizens.

    Reply
    1. Vahe Mirzoyan

      Hello Casper. Being out of status is serious in the eyes of immigration. This is the type of situation that is best that you do not try to remedy yourself without legal help. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you and your partner. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  14. Jacky

    Hi,
    I came in canada as student and i didnt go to school due to health issue and then i met girl here and we were in love and we married then i applied for for PR on basis of i married to canadiancitizen and i got my PR last year in october with 2 years condition but my wife and me got some problems now and she asks for divorce i love her but she never understand and she keeps telling me that she’s gonna deport me from canada as i have conditional PR so is there any way i can stop this ? And what are the chances of my deportation if she complain to immigration .

    Reply
    1. Vahe Mirzoyan

      Hello Jacky. The conditional PR requires you to be together for 2 years.
      Regards, Vahe

      Reply
  15. Manny

    Hello
    I had my refugee case in montreal but was refused and prra was also refused , after 2 months of prra negative Decision, immigration again called me to attend to interview….
    I’m just scared what it could be , I have my own business here and have 10 employees ….
    I’m scared of they have my travel document ready , what should I do,
    Please advice
    Thanks

    Reply
    1. Vahe Mirzoyan

      Hello Manny. It must be very stressful facing all this on your own. At this point you need professional legal immigration help. We have been practicing Canadian immigration law for over 18 years, and we are regarded to be one of the country’s top immigration law firms ; we can certainly help you navigate the complexity of a refuge claim and a Pre-Removal Risk Assessment. CIC`s next step may be to give you a removal order; you do not have time to waste. I am going to strongly recommend that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you to stay in Canada. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  16. Maria Cardenas

    Hi. My husband was convicted to 15 months in jail for charges punishable up to 10 years. He was sentenced on July, 2014. On August, 2014 he got out on bail pending appeal. While we were waiting the appeal immigration contacted him saying he was found inadmissable in Canada. He was born in Ecuador. We applied for PRRA on November, 2015 and also did a federal and judicial review of the case, which we are currently awaiting reply from. We have been advised that most likely both will be denied. He had his criminal appeal on March, 2016 which was denied so he will now have to do his 15 months in jail. We have a one year old son and a baby on the way at the beginning of April. I want to know if there is anything we can do, because what we are being told is after he serves his 15 month sentence he will be deported. There is no life in Ecuador. It is not the safest country for our family. Is there anything we can do?

    Reply
    1. Vahe Mirzoyan

      Hello Maria. Thank you for writing to us. You have a lot to deal with; it must be very frustrating and stressful. Criminality and deportation are very serious immigration matters. You need legal immigration help to get you through this. We have been practicing Canadian immigration law for over 18 years, and we are considered to be one of the country’s top immigration law firms. I recommend that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  17. Ali

    Hi,i entered usa on a b1 visa,after overstaying there i came to canada illegally.what are my chances of becoming legalized here.
    I also heard that a person can not claim asylum in canada if he has come to States first due to some kind of treaty between the two countries.is this true?if so then what are the chances through marriage considering the illegal status?can a person get married and become resident if he enterd illegally in canada?

    Reply
    1. Vahe Mirzoyan

      Thank you for contacting us Ali. There are exceptions for people who came from the US if they have relatives in Canada, and not in the US. Spousal sponsorship is possible, however, it will be quite complicated to address your identity issue because you entered the country illegally. Your problem can be solved but I think that it is best that you call us and book a consultation with one of our immigration professionals so that we can gather all the relevant information from you. You can call us at 1-416-410-8472, or online directly at http://www.visaplace.com/bookonline
      Regards
      Vahe

      Reply
  18. Methila

    Hello,
    my family & I have been refugees in Canada for the past 4 years. This year our case got rejected so we applied to the federal court for a judicial review. Which also got denied. Today we got a letter from CBSA for an “interview” which most likely means we’ll be removed from Canada soon. Is there any way our removal order can be delayed or cancelled?

    Reply
  19. Elmar

    Hello, I came to Canada as a refugee and I am now a Canadian citizen. I sponsored my daughter to come over here but when CIC wrote to tell me that the sponsorship had been approved, my daughter was meant to send in her documents for an immigrant visa, but rather she was conned to send in the required documents with someone else’s pictures . The PR was processed with another persons picture but same details. I have been in a fix since this person arrived here. I want to report this person and I am worried about how this may affect my status in Canada? Please can you help ?

    Reply
    1. Vahe Mirzoyan

      Thank you Elmar for your inquiry.
      In order for me to give you the most accurate advice, I would need to learn more about your situation and why your daughter did not provide a picture of herself. Please complete this form for me, http://www.visaplace.com/immigration-assessment/ as it will give me all the information I need to proceed. You will be contacted once your assessment form has been reviewed.
      Best regards,
      Vahe

      Reply
  20. Martha

    Hello, we are a family of four (2 adults and 2 young children) and have been in Canada for nearly a year. We came as tourists but my husband found a job so we decided to stay. He did a two week trial and the company decided to employ him. and he has been working for them since March. Our time as tourist was up in may so In april i asked the company owner if he would sponsor his LMIA so he could get a work permit. He said yes so my husband continued to work for him being paid in cash the same rate that all the other workers were being paid, but he was getting a certain amount a month and the rest was coming. By September we still hadn’t Heard about the LMIA so I asked again and he said he was on it. Two weeks ago we were told that the company had declared bankruptcy and had joined up with another company. This new company has paid all the other workers what they are owed but wants to pay my husband hourly because they say he is being paid too much. This means he will lose more than half of what he is owed. The other company is also offering him an LMIA but if he accepts he will be paid less than half of what he is making now. They are offering him an LMIA for drywall but he will be installing hardie siding and every month he produces doublé what he will be paid. If you could give us some advice on how to proceed to be able to get paid that money I would really appreciate your help. I’ve been told he has the same rights as all the other workers even though he is working illegally. We need to get that money even if it means that we have to leave Canada and give up the LMIA that the company is offering. Thank you, any help/advice will be reatly appreciated.

    Reply
    1. Vahe Mirzoyan

      Thank you Martha for your inquiry.
      Since you came to Canada as tourists and you stayed to work, your situation is a little bit more complex than most. In order for me to give you the most accurate advice, I would need to learn more about what has transpired. Please complete this form for me, http://www.visaplace.com/immigration-assessment/ as it will give me all the information I need to proceed. You will be contacted once your assessment form has been reviewed.
      Best regards,
      Vahe

      Reply
  21. Nour

    Hi,
    My situation is slightly complicated. I came to Canada on a student visa in 2008 but due to different factors including a serious depression, I dropped out of university during my third year. Unfortunately once my visa expired, and I was still going through a dark phase, I had to start working illegally. I would like to stay in the country legally to finish my studies, on humanitarian and compassionate grounds, but I fear that my chances might be slim. I would like to know if this fails, what sort of removal order will be issued against me and how long will it take before i can apply for a new visa, if at all?

    Thank you.

    Reply
    1. Mira Freiwat

      Hello Nour,

      Thank you for your inquiry. I am really glad that you contacted us. Depending on how much time has elapsed since your Visa expired, there may be a chance for us to restore your status here in Canada. I am sorry to hear about the hardships that you faced here…I have consulted with many individuals, more specifically students, who also suffered emotionally as a result of being overwhelmed with their studies coupled with being far away from their family and friends. Please Nour, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to get you status again here in Canada. MF

      Reply
  22. Ekta chopra

    I am facing a deportation with my daughter which is born here on 24th July 2013..
    My all federal appeals are dismissed .
    I m from India .
    My H&C application was rejected too.
    As if now waiting for my travel documents from CBSA. I do report them once a month .
    Can you help me ..?

    Reply
    1. Mira Freiwat

      Hello Ekta,

      Thank you for your post. I am really glad that you reached out and contacted us because you definitely came to the right place; I am very sorry to hear about your deportation order…I sincerely empathize with your situation. We have handled thousands of cases like this in the 20 years we have been in business and I am confident that we can assist you as well. I would need a lot more details about your case to be able to advise you on what all of your options are. Please Ekta, do email me at [email protected] with a summary of what your immigration situation entails as well as your availability, I look forward to speaking with you soon. MF

      Reply
  23. Monica

    Hello I have a few questions hope you guys can give me some answers : long story short , I was refused with my refugee claim last year in March now I’m facing a deportation-removal , I’ve met officer that works with my case last year and we started this journey going back and forth with me leaving the country ( I’m mother of 2 ( one is facing all the immigration stuff with me he’s not born here and has no status he’s 5 years old going to school here does not speak my native language ) second one is Canadian which me and my Canadian husband delivered into this world this year and now I’m expecting a 3 child also with my husband which is native Canadian .we have a sponsorship application going on but these days they take time we tried pushing my removal all kinds of ways but now we got stuck and removal got scheduled for next month … Is there anything else that we can do to stop this removal for me and my oldest son ? At least till I give birth to this one or luckily till I get my sponsorship approved ? Thank u

    Reply
    1. Mira Freiwat

      Hello Monica,

      Thank you for your post. Please complete this form at it will give me all the details I need to be able to advise you accordingly and to see what can be done so that you are able to remain here and hopefully get your PR. http://www.visaplace.com/immigration-assessment/ I will contact you as soon as I have reviewed it. MF

      Reply
  24. Lisa

    Hello. Please provide some much needed clarity on this situation.
    My boyfriend is under a removal order from Canada. He had overstayed and had his passport seized by CBSA. After a negative PRRA he has agreed to purchase his own ticket and leave on the date provided. He has received a set of instructions from CBSA regarding the airline, time of flight to take, date etc. However, he has not received his passport. Will he be called to pick it up before the departure or will he be escorted to the airport and receive it on said day?

    Reply
    1. Mira Freiwat

      Hello Lisa,

      Thank you for your inquiry. I am sorry to hear about your boyfriend Lisa. Generally, he would need to inform CBSA of his departure at least 48 hours prior, and they will have it ready for him to pick up from the port of entry that he will be using to exit Canada. MF

      Reply
      1. Anonymous

        hello lisa
        i am in the exact same situation as your boyfriend. i just wanna ask from where did he recieve his deportation documents.?

        Reply
  25. angel

    hi can someone marry a detain person in Immigration Holding Center?

    Reply
    1. Mira Freiwat

      Hello Angel,

      Thank you for your post. Unfortunately, you cannot because they are detained. Once they are released or return back to their country of residence, you can join them and get married there. Best of luck! MF

      Reply
  26. Bob

    Hi,
    I have a quick question: Is there some sort of statute of limitation as to how long the government can take to deport someone whose passport from their native country has been confiscated and who has been notified that they will be deported at any time back to their native country? Any suggestions as to what to do if this situation persists for months / years and the individual wishes to remain here, given that they have already established a successful legitimate business career in Canada? Thanks!

    Reply
    1. owen

      Hello Bob,

      This appears to be a complex situation, and our experienced immigration lawyers would be able to maximize your chances of staying in Canada. Generally speaking, it is difficult to deport someone back to their home country if they do not have a passport for that country. However, the CIC could apply for a travel document for you for that country, which would enable the CIC to deport you. Please don’t hesitate to contact us with any further questions.

      Regards,
      Owen

      Reply
  27. Cecille Gargantilla

    hi good day…I just want to know if there are cases of deportation for those who had a history of TB before? This 2015 I am planning to go in Canada for work but I have the issue of Latent/ scar in my lungs which now I am fit and Healthy here in the Philippines. I am afraid they won’t accept me and deported me back to my country. Help me please..Thank You 🙂

    Reply
    1. owen

      Hello Cecille,

      If you are required to submit a medical exam report in order to enter Canada, then it is possible that you may be denied entry. We would be happy to help you enter 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
  28. CP

    Hello, I came to Canada with a visitor visa and have been here for three years. For four years now I’ve been with the same person I met in a Canadian college when I was an exchange student. Are we allowed to get married even though I am illegal?

    Reply
    1. owen

      Hello CP,

      Thanks for the question. You may choose to get married, however that would probably not improve your chances of becoming a PR in the near future if you are illegally in Canada. Since there is a risk you could be deported, before you do anything else you should contact one of our lawyers who will be able to minimize your chances of being deported. Please refer to http://www.visaplace.com/blog-immigration-law/deportation-from-canada/removal-orders-canada/ for more information

      Regards,
      Owen

      Reply
      1. Jeff

        Hi Owen,I came to Canada few years back for my bachelor,which I just finished got my post graduation work permit and I have been working for the last few months as a full-time employee.
        My question is that when I first came to Canada just for first summer I worked with a work permit and now that I’m eligible to apply for my PR,I am nervous to apply knowing about the first summer I was here??
        Thanks for your time.

        Reply
        1. Muga Rajbhandari

          Hello Jeff. You must always answer honestly, and it is acceptable to also provide an explanation.
          Regards, Muga

          Reply
    2. owen

      Hello CP,

      Thanks for the question. You may choose to get married, however that would probably not improve your chances of becoming a PR in the near future if you are illegally in Canada. Since there is a risk you could be deported, before you do anything else you should contact one of our lawyers who will be able to minimize your chances of being deported. Please refer to http://www.visaplace.com/blog-immigration-law/deportation-from-canada/removal-orders-canada/ for more information.

      Regards,
      Owen

      Reply
  29. lucky

    Sir i have us visa but i forget to return i-94 form at canada us border before 2 years ago but i had returned in 15 days.now i am in india .can i go to usa again .where to return that form .

    Reply
    1. owen

      Hello Lucky,

      This should not be very problematic given that you are currently in India, but if you go back to the US you should keep that I-94 with you when yo go to a port-of entry.

      Regards,
      Owen

      Reply
  30. jasmeet

    I m deported from canada because of refused refugee claim.but i have visa of usa can i go to usa now.

    Reply
    1. owen

      Hello Jasmeet,

      If you have a valid US visa and are not otherwise inadmissible then you can certainly enter the US pursuant to that visa. Please let us know if you have any further questions.

      Regards,
      Owen

      Reply
  31. ricky

    hi i have been in canada for 10 years now and married to a canadian citizen who i knew for over 25 years .I came to canada in 2004 got married in 2005 got my work permit and all the works ,along the way me and my wife had a few problems so we separated for a few month .I received a letter from immigration canada not border patrol was just a letter saying my application was resused because of a miss document i could not get hold of at the time i was not given a date to leave .I did not leave because of issues i had back in my country .I want to be legal again to be able to help my wife. am afraid if i leave i will not be able to come back to my family is there a way i can fight this i have been illegal for 4 years now what is you best advice i have no criminal records .

    Reply
    1. owen

      Hello Ricky,

      There may be some legal options available for you to help you remain in Canada, but you should immediately seek the help of one of our immigration lawyers to give you the best chance of staying in Canada. Please feel free to give us a call and we would be happy to further assist you.

      Regards,
      Owen

      Reply
  32. Manuela

    I’m an illegal immigrant for 7 years now, i have 2 canadian kids (18 months old and 7 Yrs old). i married a canadian citizen 2 years ago and he did not do my sponsorship yet because we cant afford a lawyer… one of my husband daughter find out that i have no status here, she e-mailed the immigration that my marriage to her father is fraud which is not true becaus we have a baby. now i’m scared that they might deport me. what should i do? i dont want to leave my kids behind,

    Reply
    1. Sarah Jane MacDonald

      Hello Manuela,
      I am sorry to hear of your situation. It must be very stressful for you. It is important that you do your best to get some professional help in dealing with your illegal status. If you wish, please fill out our FREE Online Assessment Form, from there someone from our Canadian Immigration team will contact you to give you a more complete answer to your question and what options you may have.

      All the best to you,
      Sarah Jane

      Reply
  33. chantell

    Hi can u please supply me with some answers please. my partner did a refugee claim and PPRA and they all was denied due to lack of evidence/proof. she received her deportation date and since then we been seeking answers they took all of her identifications but she only have her birth certificate from her country. what can we do in this process to stop her from going back home?? i went consultation with a lawyer but her advice was scarce . my friend is to leave the country in this month. we not married but we were together for 2 and a half year. I’m trying to get married so i can sponsor her . what r some ways we can go about it to get another identification to get married before she leaves the country?

    Reply
    1. Sarah Jane MacDonald

      Hello Chantell,
      Thank you for your questions, I have given the email address that you provided to a member of the Canadian Immigration Team. They will contact you to help answer your questions

      Sarah Jane

      Reply
  34. MR. Shan

    If I go Canada through illegally can I get asylum over there, can i applied asylum ? One more thing which i heard from reliable sources the Govt of Canada accepted refugee.

    Reply
    1. owen

      Hello Mr. Shan,

      Thank you for the question. There may be other options available to you apart from entering Canada illegally and then applying for asylum. In order for us to further assist you, 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
  35. Irshad

    Hello, Its irshad I & my wife entered in us on b1/b2 category vise then we had illegal entry to Canada & now we both living in Canada since an year how can we get permanent residency of Canada.

    Reply
    1. owen

      Hello Irshad,

      Thank you for the question. If you entered Canada illegally then you are very likely unlawfully present in Canada. It would be highly advisable to speak with one of our experienced immigration lawyers regarding your situation in order to avoid deportation. 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
  36. shannon

    My name is shannon, i want to share this great testimony of my life to
    every one. I was married to my husband Brown Williams, i love him so much we
    have been married for 8 years now with two kids.He went on vacation to
    England were he met a lady called Jennifer, he told me that he is no longer
    interested in our marriage any more. i became so confused and started
    seeking for help, all effort to bring him back failed until i met an old
    friend called Clara and i told her about my problem then she introduce me
    to a man called Dr osun momohodu who caste a spell for her that brought her ex
    back to her within 3days. I contacted Dr osun to help me bring back my
    husband and he ask me not to worry that the gods of his fore-fathers will
    fight for me. He told me by three days he will re-unite me and my husband
    together. After three days my husband called and told me he is coming back
    to sought out things with me, I was surprise when I saw him and he started
    begging for forgiveness. Right now I am the happiest woman on earth for
    what this great spell caster did for me and my husband, you can contact Dr
    osun on any spiritual problem what so ever, his powers are beyond
    human comprehension.

    Reply
  37. Taya

    Hi,

    My husband received his departure notice and is now leaving back to St. Lucia. He purchased his own ticket and the immigration officer assured us that the removal is taken off his name when he goes to the airport on the day set.

    I am sponsoring him and putting in the papers the day he leaves back to St. Lucia. I was just wondering if because he has the removal notice is there a specific time frame that he has to be outside of Canada for? (so since he has had the departure notice does he have to be in St. Lucia for a certain amount of time before he is allowed to come back to Canada?)

    I only ask about time because our baby is to be born in 4 months and we are crossing our fingers that since he has no criminal record – we are married – and have prepared all extra documents to prove our relationship is real that he will be back to Canada in 4 months.

    Reply
    1. Michael Niren Post author

      Hello Taya

      If he just received a departure notice and not an order (deportation and exclusion), you can sponsor him and he can return once he is approved. However, because he has an “immigration history”, his case may be looked at more carefully by a visa officer. I would suggest getting professional assistance with a sponsorship application. You have to make a strong case and perhaps address his removal situation. Note, if his removal resulted in removal “order”, he will need an Application to Return to Canada (ARC) before being admitted.
      Best Regards
      Michael Niren

      Reply
  38. tmabit

    hello my husband (common law) is currently being held in jail for possession of narcotics, he is in Canada illegally, can my common law husband be deported for being in Canada illegally and with the charges he faces?

    Reply
    1. Michael Niren

      Hello Tmabit

      You husband once he is released could be subject to deportation if he is not a Canadian citizen. But it depends on his case of course. You should have an immigration lawyer look at this case more carefully to determine his options.

      Best
      Michael

      Reply
  39. Zaid

    Thanks 🙂

    Reply
  40. Zaid

    Dear Mr. Michael,

    Thanks a lot about all that 🙂

    Do you know any Lawyer can help me with that ?

    Reply
    1. Michael Niren

      Hello Zaid
      Well you can certainly use us to help. You can reach us at [email protected]
      Best
      Michael

      Reply
  41. Ian

    Hello , please answer my consern about ARC
    I just want to ask because I’m worried and ceriouse
    When you say (ARC )are not easy to get ?
    What do you mean by that ? Is that means that don’t usually give it , i’ld like
    To mention I was deported from Canada a year ago after I’ve been there for 8years
    Refugee dineid but my girlfriend visited me here and we got married and she summit a sponsorship
    Application . Thank you

    Reply
    1. Michael Niren

      Hello Ian

      What I mean is that when applying for an ARC you have to make a strong case to return to Canada because you were deported before. This means that you have to show a compelling reason to return to Canada and remain there legally. When we prepare ARC applications we put everything into to them to demonstrate our clients are deserving of the permit.
      Best
      Michael

      Reply
  42. Zaid

    Mr. Michael,

    First of all I would to thank you about all that information you gave me. What do you think
    is the best way to know about my situation or with who do I need to contact in the immigration or other department to have the right answer because I am totally up in the air
    also I am still waiting the answer about my new case I mean Nominee Program.
    I tried too many times to contact the embassy here in my back home but still its pretty rear information.

    If you need to provide you with the deeply information about the whole things I can contact with you.

    Thanks again 🙂

    Reply
    1. Michael Niren

      Hello Zaid
      Thank you for the kind words. We are here to help!

      You can contact Canada immigration but as you may know it is not easy to get a hold of anyone or get reliable information often. You may want to retain the services of a law firm to assist you in order to resolve your issue.

      Best
      Michael

      Reply
  43. Zaid

    Dear Mr, Michael Niren

    First thanks about the information that you provide me. I would like to ask you about the Nominee Program – Skilled workers , I already apllied throw the MPNP online ( Winnipeg, MB )
    I send them all the required things, as you know they asking me for Settlement Plan my sister make it for me and my case is proccing now.

    secondly I checked my Departure form that the Immigration officer send me when I was in Winnipeg there is no any form number on it or anything its only my file No. and at that time when I left Canada on time I do gave the officer Immigration in Montreal airport the Departure form as they asked me to do, so the one I have now in my hands is a copy, I really dont understand do I need to apply for ARC or not, I checked to many information about that and its look like I dont need to apply for ARC because I left Canada on time and I gave the officer the form in he airport, is that right and do you think my Nominee Program that I applied on Jan, 30th will work with me.

    The website that I took infromation from is

    http://www.cic.gc.ca/english/information/inadmissibility/arc.asp

    Reply
    1. Michael Niren

      Hello Zaid
      Thank you for your question. It may be that your departure was deemed a deportation and that is why you have to apply for an ARC. This case has to be looked at more deeply.

      Regards
      Michael

      Reply
  44. sham

    Hi I was deported from canada in 2010 after a failed refugee claim. After the failed claim my lawyers appealed and then went thru all the steps even ep to two days before I left went to high court nothing working. Anyways I left on the date they gave me. Now its been over two years I wish to go back to do a live in caregiver course I do not require a visa to go to canada and I was told I can study in canada up to six month without a study permit which is the length of the course. The school has agreed to give me an acceptance letter to come and study and I’m currently working on my detailed letter I have to subit with my ARC. What are my chances of receiving my ARC??? Please help

    Reply
    1. Michael Niren

      Hi Sham

      You will need an ARC to return to Canada. You will have to make a strong case since you had a failed refugee claim. This won’t be easy but it is possible. You should seek professional help for this case.
      Regards
      Michael Niren

      Reply
  45. bill

    Hi,

    My wife was was deported from Canada because she failed to confirm her departure from Canada when her refugee claim was denied. She is now a legal US citizen, and we only want to go to Canada for vacation and visit family. Does she still need an ARC form filled out.

    Reply
    1. Michael Niren

      Hi Bill
      If your wife wishes just to visit Canada and she was deported she may be able to apply for a TRP (Temporary Resident Permit). But to be safe I would complete an ARC form as well. Both applications are somewhat similar. It is never easy to return to Canada after being deported. You are welcome to contact us for help.
      Best
      Michael

      Reply
  46. Zaid

    Hi,

    I was studying in Canada and I get married with the Canadian Girl, so I applied for spouse sponsership, after 2 years the officer immigration called me and asking for the interview I went me and my wife and its was a great then after one week the same officer called again and ask me to the second interview so we wend again but unfortunatly the immigration officer did not belive me, therefore she refused my BR application then I went back to my school and I re-apply to renew my student visa they interview me but finaly they send me deportation letter to leave after 8 days, at that time my wife dont want to help me out, I went back to my country. now 2 years pass and I want back there again and my sister have a BR can she apply for me or is it passible to get back there ?

    Reply
    1. Michael Niren

      Hello Zaid
      Thank you for you post. I am sorry about your unfortunate situation. If you were deported from Canada, you could apply to return but you would require an Authorization to Return to Canada (ARC) first. You can apply for an ARC at your Canadian Embassy. ARCs are not easy to get however. Now your sister can’t officially sponsor you to Canada–there is no sister sponsorships. But she can support you for a visit to Canada however.

      I hope that helps
      Michael

      Reply
  47. Hane

    I was refugee dined for 8 years and got deported , I’ve a wife she Canadian citizen can I come back to Canada ?
    Thanks

    Reply
  48. alaa

    I field in my rfugee and i got letter direction to report also i’m from syria they asked about landline my qustion do you think is done and i can’t get p.r and stay in canada

    Reply
  49. Smith

    Hi,

    My parents apply for Canada refugee status ,and now in process if they denid from govt then can come again Canada .? If I file super visa or visit

    Reply
    1. Michael Niren

      You can apply for a Super Visa. Go to our website http://www.visaplace.com for details about a Super Visa Application. You and the applicant have to meet the requirements

      Reply
  50. Smith

    Hi,

    My parents apply for Canada refugee status ,and now in process if they denid from govt then can come again Canada .? If I file super visa or visitor visa…..

    Reply
  51. ian

    hello . i’m a palestinian was deported from canada 3 months ago and i’m married to a canadian citizen now i’ve summit an application for spouse sponsership , i want to know how long the processing time will take and is there anything else i should do ?
    thank you .

    Reply
    1. Michael Niren

      Hello,
      Since you were deported your application could take longer than usual. It is hard to know without the details of your case to estimate a time frame. However, you may need a special permit (ARC) to be admitted to Canada after being deported from Canada.

      Reply
  52. Alfonso

    Hi
    I just get a letter from cbsa to get me pre removal
    Assist if somebody know how can I stop this and stay in canada please contac me

    Reply
    1. Michael Niren

      Hello
      You are in a difficult situation and the removal process from Canada is underway. Contact us urgently for help
      [email protected]

      Reply
  53. Melissa Farrell

    Hi, me and my daughter would like to move to canada, we are both Americans and my boyfriend lives there (canada) and im almost done with Global Visas on getting my work premit..how does it work with the next step before I cross the border?

    Reply
    1. Michael Niren

      Hello
      We would need to know the details of your work visa case in order to provide you with guidance. Contact us at [email protected] for assistance

      Reply
  54. Vivian

    Hi,

    I am a U.S. Citizen. My sister was just refused her refugee status in Canada. She wants to come to the U.S. now. My question is whether her immigration history in Canada will affect her entry to the U.S.

    Reply
    1. Alicia Kim

      Dear Vivian,

      Please note that your Canadian immigration history will not likely affect your U.S. immigration matters.

      Thank you.

      Reply
  55. petagaye

    I’m facing deportation from Canada. My lawyer filed the wrong paperwork. I was born in jamaica, however lived in the U.S. and got my green card. However I came to Canada and remained in Canada for too long. Now I have kids and my father in Canada. I’m being deported to jamaica, although I have never really lived there, have no family there. What can I do?

    Reply
  56. Divya

    Hi,

    One of my friends was interviewed by a deportation officer. She said they would send a letter stating the outcome. AFter two months, my friend received a letter requesting her to submit her passport photo. Why do they need her passport photos?

    Thank you

    Reply
  57. naeem

    Hi,

    My wife is Canadian. She filed a spousal sponsorship application for me. This application went up to the Federal Court of Canada, but was refused. Now I am facing deportation. Is there anything else I can do at this time? Can I send in my spousal sponsorship again with more proof?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Naeem,

      Unless you apply with a new set of facts, unfortunately, there is no further recourse after the Federal Court refused your application.

      Reply
  58. BLISS

    Hi,

    My son and I came to Canada and claimed refugee protection two and a half years ago. However, it was denied. Now I got a removal order letter from CBSA. Where should I go from here?

    Reply
    1. Alicia Kim

      Dear Bliss,

      The letter you received from CBSA would probably request that you attend an interview at a local Canada Immigration Enforcement office (in Toronto, this is known as the Greater Toronto Enforcement Centre). You need to attend this interview. You will also be advised in writing that a removal date has been set.

      At this time, you should request that Canada Immigration defer the removal. However, you must have a valid reason for this request. If your request for delay is denied, you have to prepare for a Federal Court Stay. This process includes many technicalities such as drafting legal arguments, research case law, and collecting supporting documentation. The Federal Court judge will then consider your application and either grant or refuse the Stay.

      If the Stay is granted, the removal is stopped. If denied, the deportation proceeds and you will be removed from Canada.

      Since fighting the removal is a complicated process, I recommend that you get legal help from an immigration lawyer.

      Hope this helps.

      Reply
  59. Ceki

    Hello, My friend came to Canada and claimed Refugee status and was denied. After 3 years she married a Canadian. Her hearing and Federal Court’s decision were negative, and she and her son were deported from Canada. On the deportation letter, there was a paragraph stating that she needs to obtain a letter from a visa officer if she wants to come back to Canada again. Her husband asked the immigration officers at the airport before the deportation about this. However no letter was provided. My friend went to the Canadian Embassy (in her country) and they didn’t provide such letter. Now her husband is completing the sponsorship forms. What do we do? She doesn’t have a letter letting her come back to Canada. Where do we get that letter from? Please help.

    Reply
    1. Michael Niren

      If your friend was deported from Canada, a “letter” is not what she needs. She needs a specific government document called an “Authorization to Return to Canada” or ARC. An ARC is needed for anyone deported from Canada. If your friend is being sponsored, she needs to apply for an ARC at the Canadian Embassy that has jurisdiction over her case.

      Reply
  60. Mahsa

    Yesterday my husband received the letter for an interview at the Greater Toronto Enforcement Center and this invitation is for request of the Canadian intelligence services. Before this letter we were waiting for our court date for refugee claim. Could you please let me know if they want deport us before any court or hearing? On the bases of your experience does the government send back people to their home without any hearing or court action? If yes why they invited my husband alone? We are small family , me my husband and my child. We are worried about being sent back home if they want arrest my husband or deport us. Please let me know what should I do?

    Thank you

    Reply
    1. Michael Niren

      Hello
      You should retain the services of an immigration lawyer right away. The CBSA does not remove people who have a pending refugee claim but there could be some allegations of serious criminality which could affect his claim.

      Reply
  61. David Cooke

    What are the grounds to appeal a deportation order?

    Thank you,

    David

    Reply
    1. Michael Niren

      There are many grounds depending on the circumstances of the case including Humanitarian considerations, errors of law and/or fact committed by the expulsion officer etc.

      Reply

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