Canadian citizens by birth cannot be deported from Canada under any circumstances, while naturalized citizens face limited deportation risk only if their citizenship is first revoked for fraud, misrepresentation, or serious crimes committed before naturalization.
At Kingwell Immigration Law, our Federal Court litigation practice has successfully defended clients against citizenship revocation proceedings that could lead to deportation. We specialize in protecting clients’ Canadian citizenship and status through strategic legal representation.
Facing potential deportation? Our experienced deportation lawyer in Canada provides comprehensive Federal Court representation for removal proceedings.
Our team represents individuals in complex inadmissibility cases, citizenship appeals, and removal order challenges, drawing on over 20 years of specialized immigration law practice to protect your right to remain in Canada.
We provide comprehensive legal representation for citizenship revocation cases, deportation defence, and pre-removal risk assessments. Whether you’re facing procedural fairness letters, a motion for stay of removal proceedings, or Federal Court judicial reviews, our firm’s proven track record in immigration litigation positions us to advocate for your rights and Canadian status effectively.
Canadian citizenship provides the strongest legal protection against deportation compared to any other immigration status. While permanent residents face various deportation risks, citizens enjoy constitutional protections under the Canadian Charter of Rights and Freedoms that prevent removal from their country of citizenship.
The Immigration and Refugee Protection Act clearly distinguishes between permanent residents and citizens regarding deportation eligibility. Citizens cannot be subject to removal orders, while permanent residents may face deportation for criminal convictions, misrepresentation, security violations, or failure to meet residency obligations.
This protection difference becomes particularly significant during criminal proceedings, where permanent residents must consider potential immigration consequences of guilty pleas or convictions. Our firm guides clients through these critical decisions, helping them evaluate how different legal strategies may impact both criminal penalties and immigration status.
No, Canadian citizens by birth cannot be deported under any legal circumstances. Birth citizenship provides absolute protection against removal from Canada, regardless of criminal convictions, security violations, or other serious offences that might result in deportation for permanent residents or foreign nationals.
This protection stems from the principle that no person can be rendered stateless by their country of birth. Even citizens convicted of the most serious crimes, including terrorism or treason, face imprisonment and other criminal penalties but retain their right to remain in Canada permanently.
The only way a Canadian-born citizen could potentially face removal would be through proven cases of citizenship fraud at birth, such as falsified birth registration documents. However, such cases are extraordinarily rare and would require clear evidence of fraudulent documentation rather than the individual’s actions after birth.
Naturalized Canadian citizens face a limited risk of deportation only if their citizenship is revoked through legal proceedings under the Citizenship Act. Citizenship revocation can occur for fraud in the application process, the concealment of material facts, or the commission of serious crimes before obtaining citizenship.
Common grounds for citizenship revocation include:
Once citizenship is revoked, the individual reverts to their previous immigration status or becomes a foreign national subject to deportation proceedings. This process requires Federal Court proceedings where individuals can challenge the revocation decision.
Our firm represents clients in these complex citizenship revocation cases, building comprehensive legal strategies to protect their Canadian status.
Concerned about citizenship revocation proceedings? Contact our team, which specializes in defending complex citizenship cases.
Canada can deport individuals who are not citizens, including permanent residents, temporary residents, and foreign nationals without legal status. The Immigration and Refugee Protection Act outlines specific grounds for removal that apply differently based on immigration status and the nature of violations.
The severity and timing of violations significantly impact deportation proceedings, with recent serious offences carrying greater weight than historical minor violations. Our firm evaluates each client’s specific circumstances to develop targeted defence strategies for their unique situation.
💡 Additional reading: Can you get deported from Canada if you are a permanent resident
Canada’s deportation process follows structured legal procedures designed to ensure fair treatment while enforcing immigration laws. The process varies depending on immigration status, with permanent residents receiving more procedural protections than temporary residents or foreign nationals without status.
Our firm has successfully represented clients in Federal Court proceedings, including cases where removal orders were overturned due to procedural fairness violations or unreasonable decision-making by immigration officials. We guide clients through each stage of this process, ensuring all available legal options are explored.
Our firm has handled numerous deportation cases with varying outcomes based on individual circumstances, legal strategies, and procedural factors. These cases illustrate how different approaches can significantly impact deportation proceedings and final outcomes for clients.
Successful Defence Against Deportation: In Musa v Minister of Citizenship and Immigration (2012 FC 298), we successfully appealed a PRRA decision where applicants from Israel claimed to be at risk as an Arab-Israeli LGBT couple. The Federal Court ordered IRCC to reconsider after finding that officers improperly refused to consider crucial evidence of family honour killing threats.
Overturning Immigration Appeal Division Decisions: Our representation in A.H. v Minister of Citizenship and Immigration (2020 FC 530) resulted in Federal Court intervention when IAD improperly rejected a conjugal partner sponsorship appeal from Saudi Arabia. The Court agreed that both IRCC and IAD failed to properly consider the relationship and individual histories, returning the case for processing.
Complex Refugee Protection Cases: In Doresi v Minister of Public Safety and Emergency Preparedness (2022 FC 1300), we represented a refugee claimant from Albania who fought for a decade against exclusion from protection due to a criminal conviction. We successfully demonstrated wrongful conviction circumstances, leading to Federal Court orders for claim redetermination by the Refugee Protection Division.
These outcomes demonstrate how skilled legal representation can effectively challenge deportation decisions through strategic Federal Court litigation. Our firm brings this proven expertise to every deportation case we handle.
💡 Additional reading: Canada deportation
Need experienced representation for deportation proceedings? Connect with our litigation team to book an appointment and discuss your case strategy.
| Application Type | Processing Time | Protection Provided | Key Requirements |
| Spousal Sponsorship | 12–18 months | Usually during processing | Valid relationship, eligible sponsor |
| H&C Application | 18–24 months | Limited protection | Unusual hardship, Canadian ties |
| Stay of Removal | Urgent (days) | Immediate halt | Serious issue, irreparable harm |
| Judicial Review | 3–6 months | Stay possible | Legal error, procedural unfairness |
This comparison highlights the significant protection gap between citizenship and other immigration statuses. Permanent residents face deportation for criminal convictions, security violations, or residency requirement failures, while citizens enjoy comprehensive protection against removal regardless of subsequent actions or circumstances. Our firm advises clients on how their current immigration status affects their deportation risk and develops strategies to strengthen their legal position in Canada.Learn how our Federal Court experience protects married couples facing separation. Book a consultation today.
Maintaining lawful status and complying with immigration obligations significantly reduces deportation risks for non-citizens in Canada. Proactive compliance with immigration requirements and seeking legal advice when issues arise can prevent minor violations from escalating into serious deportation proceedings.
Meeting residency obligations by maintaining physical presence in Canada for at least 730 days in each five-year period prevents status loss leading to deportation. Avoiding criminal convictions, particularly those resulting in sentences of six months or more, eliminates the primary grounds for permanent resident deportation.
Maintaining a valid status through timely renewals and compliance with permit conditions prevents illegal presence, leading to removal proceedings. Avoiding unauthorized work, study, or other activities outside the permitted scope maintains good immigration standing and renewal eligibility.
Providing accurate information in all immigration applications and avoiding misrepresentation prevents future inadmissibility findings that can trigger deportation decades after initial violations. Seeking legal advice before making significant life changes affecting immigration status ensures compliance with evolving requirements.
Our firm provides proactive legal guidance to help clients maintain their immigration status and avoid potential violations that could lead to deportation proceedings.
Protect your immigration status with proactive legal guidance—contact our team for comprehensive immigration compliance advice.
Canadian citizenship provides the strongest possible protection against deportation, making the naturalization process a priority for eligible permanent residents seeking long-term security in Canada. The path to citizenship involves meeting specific requirements while maintaining continuous lawful status throughout the application process.
Permanent residents must maintain physical presence in Canada for at least 1,095 days during the five years immediately before application submission. Language proficiency in English or French, knowledge of Canadian history and civics, and filing required tax returns demonstrate integration and commitment to Canadian society.
Citizenship applications typically require 12-18 months for processing, during which applicants must maintain their permanent resident status and continue meeting residency obligations. The process includes document submission, knowledge testing for applicants aged 18-54, and participation in citizenship ceremonies upon approval.
Citizens gain voting rights, eligibility for Canadian passports, access to certain government positions, and the ability to pass citizenship to children born outside Canada. These additional benefits complement the fundamental protection against deportation that citizenship provides.
Our firm guides eligible permanent residents through the citizenship application process, helping them navigate requirements and timelines to secure the strongest possible protection against deportation.
Our firm specializes in complex immigration matters that determine whether individuals can build permanent lives in Canada or face forced removal from the country. We guide clients through citizenship applications, defend against deportation proceedings, and represent individuals in Federal Court litigation to protect their Canadian status and family unity.
With over 20 years of immigration law experience, we provide strategic legal representation tailored to each client’s unique circumstances and immigration goals. Our litigation expertise in Federal Court proceedings has successfully overturned removal orders, secured citizenship approvals, and protected clients’ rights to remain in Canada with their families.
We represent clients facing urgent immigration matters, including refused entry, immigration arrest and detention, motion for stay of removal, and pre-removal risk assessments. Our comprehensive approach addresses both immediate deportation threats and long-term immigration planning to secure permanent protection through citizenship, where eligible.
When your future in Canada is at stake, our firm’s proven track record in immigration litigation and citizenship law provides the specialized representation needed to protect your rights and achieve successful outcomes for you and your family.
Secure your future in Canada with experienced legal guidance—contact Kingwell Immigration Law at 416.988.8853 or book a consultation today.
Once citizenship is revoked, individuals typically become permanent residents or foreign nationals subject to immediate deportation proceedings. There is no grace period after revocation—removal orders can be issued and enforced according to standard immigration timelines, though appeal processes may provide temporary stays pending judicial review.
Canadian citizen spouses cannot be deported regardless of their partner’s immigration status or legal troubles. However, they may face practical decisions about whether to remain in Canada or accompany their deported spouse voluntarily. Citizen spouses can sponsor their deported partner’s return through spousal sponsorship applications if removal orders are eventually lifted.
No, Canadian citizens cannot lose their citizenship for crimes committed after obtaining naturalization. Only fraud or misrepresentation during the citizenship application process, or serious crimes committed before naturalization that were concealed during the application, can result in citizenship revocation, leading to potential deportation.
Dual citizenship does not increase deportation risk for naturalized Canadians, as revocation proceedings focus on application fraud rather than citizenship combinations. However, if citizenship is revoked, having another nationality may affect return prospects and diplomatic protections. Canada cannot deport individuals to countries where they would face persecution or torture.
Emergency stay applications can temporarily halt deportation enforcement while Federal Court judicial review applications are processed. Pre-removal risk assessments may also delay removal if individuals face persecution in their home countries. Immigration lawyers can file urgent stay motions citing humanitarian concerns, procedural fairness violations, or new evidence affecting removal decisions.
