Around 1,400 Canadian permanent residents per year are issued a removal order for failing to satisfy their obligations as permanent residents. Moreover, the success rate of appeals made to a tribunal is less than 10 percent. A removal order may be issued when it is established that someone is in breach of the Immigration and Refugee Protection Act (IRPA) in Canada.
The statistics, which were obtained by access to information request, highlight the importance for immigrants to Canada to be aware of their obligations and to remain in compliance.
At a Port of Entry, a border officer may become aware of evidence of inadmissibility, such as non-compliance with residency obligations. In such cases, the border officer may refer the individual to an immigration officer to ask additional questions to determine if the permanent resident is in compliance.
Canada’s immigration laws give permanent residents the right to enter Canada once it is established that a person is a permanent resident, regardless of non-compliance with the residency obligation. However, the permanent resident in question may be issued a report, which can lead to a removal order. Permanent residents who are under enforcement proceedings (such as a removal order) keep their permanent resident status and retain the right to enter Canada until a final determination of their loss of status has been made.
The latest data reveals the extent of residency noncompliance among immigrants attempting to re-enter Canada, particularly in cases where they have spent long periods outside the country. The figures do not include immigrants who had their permanent resident status revoked due to criminality or misrepresentation, or those who were refused travel documents to travel to Canada, or those who applied to renounce their status voluntarily.
By the numbers
1,423: Average number of permanent residents per year (from 2010 to 2014) who were stopped at the border for failing the requirement.
605: Number of removal orders issued for residency non-compliance in 2008.
1,413: Number of removal orders issued for residency non-compliance in 2014.
3,575: Removal orders issued for residency non-compliance at Pierre Elliot Trudeau airport in Montreal between 2008 and 2014.
972: Removal orders issued for residency non-compliance at Vancouver international airport between 2008 and 2014.
439: Removal orders issued for residency non-compliance at Pearson airport in Toronto between 2008 and 2014.
17%: Rate of success among individuals who applied to restore their permanent resident status in 2008.
7.7%: Rate of success among individuals who applied to restore their permanent resident status in 2014.
It is unclear from the data how many of those issued a removal order were merely unaware of their obligations, and how many may have been aware but attempted to re-enter Canada and retain their status anyway.
Over recent years, the government of Canada has cracked down on cases of immigration fraud. For example, in January, 2016, a man in Halifax, Nova Scotia was found to have created bogus residency packages that made it appear that certain individuals were physically present in Canada. This included a phone number, an address in Canada, tax returns and employment records for jobs never held, payment of utility bills never used, and, in some cases, letters from local religious organizations attesting to the person’s involvement at a local level.
Canadian permanent residence requirements
Canada’s immigration laws require permanent residents to accumulate 730 “residency days” in every five-year period in order for the individual to remain in compliance with his or her obligations as a permanent resident of Canada.
The simplest and most common way for immigrants to remain in compliance with these laws is by physical presence in Canada. However, given Canada’s international economic and social outlook, the government provides other means for immigrants to be physically outside Canada, but at the same time accumulating residency days.
If an immigrant:
- is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent; or
- is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province; or
- is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province,
he or she may continue to accumulate residency days.
Immigrants who lose their status can appeal to the immigration appeal division based on errors in law, or humanitarian and compassionate grounds such as hardship from family separation. However, this last resort has a low success rate.
The reaction
“Once an individual is issued a removal order, it is difficult for that decision to be overturned. The low success rate of appeals bears this out,” says Attorney David Cohen.
“Canada, with good reason, wishes its immigrants to retain ties to the country, particularly if they aspire to become citizens eventually. As such, it is crucial for newcomers, as well as those who obtained permanent resident status a few years ago or more, to be aware of their obligations and fulfil them if they truly wish to build their lives in Canada. A removal order is serious business, and carries with it consequences not only for the affected individual, but also for his or her family and career.”
Learn more about authorized legal services for immigration to Canada.
To find out if you are eligible to immigrate to Canada permanently, fill out a free online assessment form.
© 2017 CICNews All Rights Reserved
Kam says
Hello David
Read the article about number of deportant immigrants…its sad 🙁
Wanted to know what happens to an immigrant who is working in Canada but having an expired PR card and also not meeting RO.
Will there be an issue when he decides to renew it after meeting his RO.
Kam
Fekry Amr says
There is one point which I don’t understand. Why don’t immigration department rely on the exit and entry records from Canada Boarder Agency to kill this issue? This report simply proof or deny residency obligations. They don’t need to go through the other details! Someone can explain it to me?
Thanks
John Schatz says
People should know, when applying for permanent residency, “it is explained to them right from the start”. They should take the time read everything. Thus, people will be able to fullfil their obligations in accordance to immigration laws.
Gbenga Bankole Samuel says
Good country
Sharma Jagdishraj says
I have multiple visa of canada up to 2021 so I am eligible for PR òf canada
DK says
Hi Campbell Cohen,
I completed my landing procedure in April 2016. Shortly afterwards, I left Canada.
Is there any requirement which I have to fulfill on a yearly basis in order to re-enter Canada?
Alternatively, am not still eligible to re-enter Canada?
Regards.
M khan says
We are parents and are around 70 years and there is no one to care us in a foreign country, as my one son and two daughters are Canadian citizen/ living and working in Canada .i wish to come to Canada as visitor, and claim to stay in Canada on companionate ground .
What chances if you can help me in this case. Thanks.
Naheed darr says
I had missbilty hearing can I get any chance to go back to canada what should I do please help me I have two kids and my husband
Shaif Hizam Mohammed alostoot says
Actually it is this the fantastic country which I would like to visit in my life as I still alive
Dale says
My wife come to USA with me every winter for 5 months, she is a permanent resident, and wants to apply for Canadian citizenship, It’s says if accompanying a spouse you can count those days toward your time in Canada, is this correct?
Mesfin Ayele says
I want to come Canada please help me
Valery Lherisson says
Je vis a New York mais je ne suis pas encore residée, Il y a une possibilite d’appliquer pour la residence Canadienne?
Choudhry khalid pervez says
Dear sir,i am rtd person i have 100 thousand canadian dollar I want to do business in canada (small business. ) I have good health
You please tell me is this possible? I am a pakistani by birth holding pakistani passport my date of birth is 12 July 1954.i will wait for your reply. thanks
Cosmos Yao Logosu says
Help my family to have a good life
shazia razzaq says
Hi i want to migrate to Canada
jaspreet kaur says
How to apply visa for nurses
jaspreet kaur says
I want to come in canada so plz help me and post graduate nurse
farhad says
good
owen says
What do I have to do to qualify with my family
Vishal Singh says
I had sponsored my parents from india
By mistaken they had refused after 7 years in process. It has been almost 2 years
What I can do Sir I live in Montreal Quebec
Please help me Sir
Thanks
emmanuel says
please can anybody help me to Canada?cause i always dream of Canada since i was a little child but no opportunity to visit.
Sheeba sultani says
I love Canada and good county
Sarmad gul says
Canada is very lovely country and my favorite country and I want go canada but how can I apply please tell the process and help me
fiacre manariyo says
merci beaucoup