Many times, when someone mentions Canada, one imagines a nation that welcomes immigrants with open arms, and rightfully so. Permanent Resident (PR) status is granted to hundreds of thousands of people annually, and it allows them to work, study, and reside in any region of Canada. What remains unknown to many is the fact that Permanent Residency is not the same as achieving citizenship.
It is true that under certain situations, a Permanent Resident can be deported from Canada. It is not ordinary, yet it takes place. Knowledge of the time and circumstances under which deportation is possible can assist PR holders to protect their rights and preserve their status.
What Does “Deportation” Mean in Canada?
Deportation (or officially referred to as removal) is when a non-citizen is ordered to leave the country by the Government of Canada. The management of this process is undertaken by the Canada Border Services Agency (CBSA) as part of the Immigration and Refugee Protection Act (IRPA).
Removal orders can be either a departure order, an exclusion order, or a deportation order, depending on the severity of the problem. When a deportation order is issued, it may have long-lasting implications for future access to Canada.
1. Criminal Activity: The Most Common Reason for Deportation
Criminality is, perhaps, the most common cause of a PR being deported. Permanent Residents may lose PR status by being found guilty of a serious crime.
What counts as “serious criminality”?
Canadian immigration law defines serious criminality as:
- Having been found guilty of an offence that carries a maximum sentence of 10 years or longer, according to Canadian law.
- Being sentenced to six months or more in Canada due to any offence.
- Being caught or convicted of a grave offence outside Canada.
Common Examples include:
- Assault causing bodily harm
- Drug trafficking
- Theft or fraud over $5,000
- Driving impairment (according to severity and frequency)
An admissibility hearing may be held by the Immigration Division of the Immigration and Refugee Board (IRB) in such cases. A removal order will be issued in case they find the person inadmissible.
Can you appeal?
Yes, the Permanent Residents normally have the right to appeal a removal order by the Immigration Appeal Division (IAD). But when the sentence is six months or more, the right to appeal is lost.
This implies that in the case of serious offences, the deportation may be fast and without many recourse.
2. Misrepresentation: Lying Can Cost You Your Status
Misrepresentation is another grave yet often ignored reason for deportation.
In case a PR lied, withheld information or forged documents when seeking PR, citizenship or even a visa, they can be declared inadmissible.
Examples include:
- Leaving out a family member on your application.
- Presenting a falsified education or job application document.
- Not telling the truth about your marital status.
Although the misrepresentation may not have been intentional, the impact can be devastating. Misrepresentation findings may result in:
- Loss of PR status
- Deportation from Canada
- Five-year prohibition on immigration renewal
3. Security, Human Rights, or Organized Crime Violations
Canada is serious about national security. A PR can be deported in case they are caught engaging in:
- Espionage or terrorism
- Crime against humanity or war crimes
- Being a member of an organization involved in organized crime or violence
Although encroached, such instances tend to have far-reaching investigations and are treated with a high degree of legal scrutiny.
4. Failing to Meet the Residency Obligation
Most individuals are not aware that by being a Permanent Resident, you are required to spend at least some time in Canada.
To retain PR status, one should be present in Canada for at least 730 days (2 years) every five years.
To the extent that you spend unnecessary time abroad, either due to family, work, or medical reasons, you may be deemed inadmissible due to the inability to fulfill your residency requirement.
On reentry into Canada, a border officer can:
- Report you for not meeting the requirement
- Issue a removal order
- Refer your case to the IRB
You can appeal, but you will need powerful grounds of humanitarian and sympathetic causes for your long absence.
5. When a Permanent Resident Loses an Appeal
If you are issued a removal order and lose an appeal, your PR is automatically suspended. Your departure will then be arranged by the CBSA.
The government may detain you when they think that you may fail to appear during the removal process, or may be a threat to the safety of the citizens.
After being deported, it is difficult to go back to Canada. You will require an Authorization to Return to Canada (ARC) – and permission is never guaranteed.
6. Can a Permanent Resident Become “Safe” from Deportation?
Yes – by becoming a Canadian citizen.
Living as a citizen means that the citizens are accorded the maximum protection against deportation since citizens cannot be taken out of Canada.
So far, Permanent Residents are focused on remaining vigilant. That means:
- Avoiding criminal activity
- Telling the truth in all immigration affairs
- Compliance with the residency requirement
- Paying taxes and observing the Canadian laws
These might sound simple, but they can be the difference between retaining your permanent abode in Canada and losing it.
7. What to Do If You’re Facing Deportation
In case you receive a removal order, you should move fast. There still might be legal alternatives, but time is of the essence.
Here’s what you should do:
- Immediately seek the services of an immigration lawyer.
A professional lawyer will be able to analyze your case, decide if you may be able to appeal, and present your case in the IRB or the Federal Court.
- Submission of an appeal or a request for a stay of removal within the time limit, which is usually 30 days.
- Complete evidence by providing documents, letters, and records that can demonstrate your connection to Canada, family neediness or rehabilitation.
Deportation is not the end of the road all the time, but taking too much time to act may shut down all the doors.
Final Thoughts
Canada is a friendly and kind nation, though there are obligations to Permanent Residency.
Although the possibility of deportation is infrequent, it is a genuine threat to individuals who have broken laws, lied about themselves, or failed to comply with their residency requirements.
Whether it is a threat of being kicked out or you are anxious about your PR position, you do not have to go through it on your own. Contact a qualified Citizenship Lawyer like Ronen Kurzfeld, who knows the ropes and will be able to make your case to remain in Canada.
FAQs
- Is it possible to deport a Permanent Resident out of Canada?
Yes. Under the Canadian immigration law, a Permanent Resident may be deported due to committing a serious crime, lying, or lack of security or compliance with the obligation of residency.
- What offences will result in the deportation of a Permanent Resident?
Deportation and PR loss may be obtained and may include serious crimes such as assault, fraud, drug trafficking, or any other offence with a prison term of ten years or longer.
- Is it possible to have a deportation order appealed in Canada?
Yes. The majority of permanent residents are allowed to appeal to the Immigration Appeal Division, with the exception of those who have been convicted of serious criminal offences for six months or more.
- Does living outside Canada for too long lead to losing Permanent Resident status?
Yes. PRs should have resided in Canada for at least 730 days in the past five years. Even the inability to fulfill this residency requirement leads to the situation of deportation.
- Is becoming a Canadian citizen a way to prevent deportation?
Absolutely. Citizens of Canada cannot be deported. Upon acquiring citizenship, you have full protection against being removed as per the Canadian immigration law.
- What is supposed to happen should a removal order be issued to me?
Consult an expert immigration attorney. Timely legal representation may assist you in appealing, postponing the removal or pursuing compassionate or humanitarian reasons to continue staying in Canada.
