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how long can I come back to CA after deported? |
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totonto123 ![]() New Member ![]() Joined: 02 Jul 2010 Status: Offline Points: 1 |
![]() ![]() ![]() ![]() ![]() Posted: 02 Jul 2010 at 3:18pm |
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Hi I have been deported from canada in 2007 and now I'm a European citizen (I don't need a visit visa any more), how long can I come back to CA after deported? I'm only want go back to visit my family.
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pmm ![]() Top Member ![]() Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
Short Answer Never. To return to Canada you would need an Authorization to Return to Canada. See: http://www.cic.gc.ca/english//resources/manuals/enf/enf06-eng.pdf page 20 |
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PMM
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dpenabill ![]() Top Member ![]() Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Depends on why you were deported. PMM is correct insofar as you must apply for and obtain an Authorization to Return to Canada to even be considered for admission into Canada.
The procedure for "written authorization to return to Canada" is found in the enforcement manual PMM provided the link for, but that is section 21 of the manual which begins on page 30 not page 20. The critical factors, however, depend on why the deportation in the first place and whether one remains inadmissible (or has otherwise become inadmissible) for reasons other than having been the subject of an enforced removal order (deported). If the reason why one was deported no longer renders the individual inadmissible they may apply for and in many cases obtain the written authorization to return to Canada (it is a commonly done process - the connotations evoked by "Short Answer Never" are misleading, at least insofar as some of the reasons a person may have been deported go). That still does not guarantee entry, however, as the individual still remains subject to all other provisions of IRPA including the discretion of CBSA officers to deny entry to a FN. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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pmm ![]() Top Member ![]() Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
Short and simple, no ARC no return. |
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PMM
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dpenabill ![]() Top Member ![]() Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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But not complete. That is, that is true but far from an accurate picture since it is not complete, since it does not address the "when" a person who has been deported might return, which is what the question was. And it is not the same as
Many people who have needed ARC in order to come to Canada have in fact obtained such authorization. Many other people who are deported from Canada are not eligible for ARC, some for a long time, some practically never. Short answer might be: "it depends." As usual. But it also helps to know a little bit about what it depends upon. It mostly depends upon whether or not one is inadmissible for reasons apart from the procedural fact of having been deported (thus depending on why the deportation or on other potential bases for inadmissibility). |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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pmm ![]() Top Member ![]() Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
Your splitting hairs. If the OP doesn't get an ARC, s/he doesn't return to Canada no matter what the reason for deportation. |
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PMM
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dpenabill ![]() Top Member ![]() Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Not really. I am surprised you do not recognize the distinctions involved and the significance of the variable circumstances. After all, there is rarely a one-answer-fits-all accurate response to so many immigration questions. The answer to "when" a deported person (and there are indeed many reasons for deportation . . . some merely status based and procedural, imposing no long term inadmissibility, some, like serious criminality, involving long-term inadmissibility which cannot be overcome) may be able to obtain written authorization to return to Canada and then actually visit Canada really does depend on a number of factors, the obvious one being the reason for deportation. The OP did not give enough information to distinguish beyond that. A failure to acknowledge the nature of the "depends" is to be unresponsive to the original question. The response "never" is outright inaccurate. (No splitting hairs necessary, that quite simply is not true for many people who have been deported.) I responded accurately and with some information toward helping the OP understand the reasons "it depends," and on what it depends. To reiterate, (and I stand by what I said, no splitting hairs just some basic information):
There is more, of course, as usual, but one needs to know more about the situation and circumstances about the person subject of the inquiry to offer information more responsive to their particular case. I don't have enough hair, by the way, for anyone to refer to "your splitting hairs." I suppose, though, in making this grammatical point, one could then say of me quite accurately "you're splitting hairs." But in my responses to "when" a deported person may be able to visit Canada I was not. ![]() Edited by dpenabill - 04 Jul 2010 at 9:43pm |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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