TOLD TO LEAVE? LETTER FROM CBSA?
What are my options? Do I have to leave? Can something delay my removal?
Which program can I apply for? What am I eligible to apply for? Will certain application prevent CBSA from removing me?
You received a letter informing you have an appointment at the “Enforcement and Intelligence Operations Division, 6900 Airport Road, Entrance 93 Mississauga, Ontario L4V 1E8” (AKA) also known as CBSA REMOVALS UNIT!
Don’t panic but most important do not ignore your scheduled appointment.
The standard CBSA letter normally asks you to bring 4 photos, a valid or expired passport, birth certificates, Social Insurance Card, OHIP card, Proof of Immigration Appeals, Federal Court Applications,
All documents issued to you by the Government of Canada, all documents concerning criminal matters, scheduled court dates, all Probation or Parole documentation.
This list of items helps the CBSA Officer to know whether your case is “Removal Ready”!
If you do not have a valid passport, you probably will be asked to apply for a new passport which can take weeks or months to obtain.
If you’re facing criminal charges they could stay your removal from Canada,
If you have children, their birth certificates and passports are required.
Filing an application for Leave to Appeal to the Federal court can delay your removal.
Submitting applications for landing from within Canada may or may not prevent your removal.
CBSA Officers will look at how long any Inland Spousal Sponsorship application has been in process. If you have a spouse, make sure they attend your appointment with you. CBSA Officers do not think very highly of common law applications and most consider them as bad faith marriages.
Having a Humanitarian and Compassionate application in process does not prevent your removal. Your Immigration Counsel attending with you has minutes to convince the CBSA Officer that your H&C application is based on common sense.
The CBSA Officer may exercise their discretion and postpone any action on your file.
If one year has passed since you were ordered removed, you will be given an option to apply for a Pre-Removal Risk Assessment (PRRA). If you decide to apply, you will be given 15 days to complete and submit the forms. Then you will be given an additional 15 days to provide any submissions to prove your life would be at risk. PRRA applications normally take six months to render a decision. We have been successful with having PRRA applications approved but they are more likely to be refused.
When you decide to NO SHOW for your appointment the CBSA Officer will issue a warrant for your arrest.
They will find you one way or another and when CBSA finds you they will arrest and detain you. At your detention review you will have to explain to the Immigration Division member why you NO SHOWED and whether you were eluding CBSA or trying to regularize your status.
Retaining an experienced Immigration Counsel that will attend all of your appointments can greatly increase the chances that your removal from Canada will be delayed or cancelled.
Roy Kellogg
Immigration Counsel
CICC R413103
