The Canadian Border and Services Agency is responsible for the deportation of immigrants from Canada. They are in charge of protecting the borders from the inadmissible individuals as well as processing with the removals against those who are already in the country.
What are the reasons behind deportation? How to Prevent from getting Deported
Illegal immigration is one of the most overarching reasons for deportation. Overstaying on your temporary visa is also considered illegal by the countries administration and hence, subjected to deportation. Individuals entering the country initially as an inadmissible person can also be deported back to the homeland if found. Common reasons for deportation include health issues, criminality, financial controls, security issues or misrepresentation.
There are many individuals who enter into Canada legally for various reasons like study or work and end up finally overstaying their visa. For instance, if you visit Canada on your student visa and stayed to work there permanently without extending your visa or obtaining a work visa, it will be considered illegal by the Canadian authorities. So, in order to avoid or prevent deportation, it is always better that you stay up to date on your visas and ensure visa renewals on time.
How can you stop the deportation order?
As discussed above, there are several reasons why an individual is deported from Canada. There are numerous approaches that you can take to stop the proceedings of deportation. The general sequence of events is as follows:
The deportation Process, When deportation Notice is received?
A letter is received by the potential deportee from the Canadian Border and Services Agency requesting that you need to attend an interview set at the local Canada Immigration Enforcement office.
The scheduled interview needs to be attended by the deportee who is notified in writing about the deportation date from Canada as decided.
Now, one can either pack his bags or simply fight against the deportation order against the Canadian authorities. Fighting the notice can be really a complicated process and so it is necessary that you hire a professional immigration lawyer to handle everything.
Fighting the removal order, Can you prevent from getting deported?
Generally, your first step should be to request the immigration officers for deferring the removal notice. And you need to have a solid reason for this request, like educational or medication results, pending application for the Canada permanent residentship etc. Just simply requesting them to defer the removal will not be sufficient at all.
In most of the cases, the immigration officers will not agree to the request as it is mandatory for them to proceed with the next step or deportation after sending the notification because they consider the deportee to be an undeserving candidate for staying in the premises of the country.
Assuming that your request for removal is denied, your very next step is to look for the Federal Court Stay. This is a motion to ask the court to stop the proceeding of deportation. This involves drafting the legal arguments, assembling the supporting documentation which will be reviewed by the judge and research in the case law. In addition, religions Federal Court Judge need to be made by the advocates of both the parties. The Federal Court Judge can consider the number of factors before taking the decision.
If the Stay is approved or granted, the removal is stopped. This happens mostly when your application for permanent residentship in Canada is pending or there are valid reasons related to medications and studies. On the other hand, if the Stay is denied by the court, the entire deportation process will take place according to the given schedule and you will have to deport from the country.
Why should you hire a professional lawyer for your deportation case?
It is really difficult to deal with this kind of cases and without expert advice, you will simply end up wasting your time and money. A professional and experienced lawyer will increase your chances of success in the case, assisting you to determine the best options.