Can You Get Deported From Canada if You Are a Permanent Resident?

Yes, you can get deported from Canada if you are a permanent resident. Deportation typically occurs under specific circumstances outlined in Canadian immigration law. These are the key grounds for deportation:

Criminal offenses
Misrepresentation
Security risks
Violation of residency obligations
Human rights violations

Can you get deported from Canada if you are a citizen?

No, Canadian citizens by birth cannot be deported from Canada under any circumstances. Citizenship by birth provides an individual with full legal protection and rights, including immunity from deportation, regardless of any legal or criminal issues that may arise.

Unlike permanent residents, who can face deportation for certain violations, citizens born in Canada have a secure status that cannot be revoked for immigration purposes.

Can a naturalized Canadian citizen be deported?

A naturalized Canadian citizen is someone who has acquired citizenship through the naturalization process, rather than being born in Canada. While they hold most of the same rights as regular citizens, their status can be revoked under certain rare circumstances, which may lead to deportation:

Fraud or misrepresentation in the citizenship application: If it is proven that false information was provided during the naturalization process, citizenship may be revoked.
Involvement in serious crimes before naturalization: Crimes such as war crimes or crimes against humanity committed before becoming a citizen can result in revocation of citizenship.
Acts against Canada’s national interests: This includes terrorism or espionage that threatens Canada’s security and may lead to citizenship being revoked under the Citizenship Act.

Acknowledging these distinctions is essential for those who have obtained Canadian citizenship through naturalization.

Don’t face deportation alone—contact our qualified immigration lawyer in Toronto today and protect your future.

Grounds for deportation from Canada

Permanent residents and naturalized citizens in Canada are subject to specific legal standards that may lead to deportation or loss of status. While permanent residents are more directly at risk of deportation, naturalized citizens may face this consequence only if their citizenship is revoked.

Criminal offenses: Permanent residents convicted of crimes involving serious criminality, such as violent offenses or drug trafficking, may face deportation. Naturalized citizens are not deported for criminal offenses unless their citizenship is first revoked due to issues like misrepresentation.
Misrepresentation: Both permanent residents and naturalized citizens are at risk if they provide false information during their immigration or citizenship applications. For naturalized citizens, this could lead to citizenship revocation, followed by deportation.
Security risks: Permanent residents involved in terrorism, espionage, or activities threatening Canada’s security are subject to deportation. Naturalized citizens may lose their citizenship and face deportation for similar actions.
Violation of residency obligations: This applies only to permanent residents. Failure to meet the two-out-of-five-year residency requirement can result in a loss of status and deportation.
Human rights violations: Permanent residents involved in war crimes or crimes against humanity may be deported. Naturalized citizens could have their citizenship revoked under the Citizenship Act if such actions occurred before or during their application process.

Protection for permanent residents

While permanent residents can face deportation under specific circumstances, Canadian law provides avenues to challenge these decisions. The Immigration and Refugee Protection Act (IRPA) ensures that individuals at risk of removal have access to legal processes to present their case and protect their Canadian permanent resident status.

Permanent residents can challenge deportation through appeals to the Immigration Appeal Division (IAD) if they meet eligibility criteria. Factors such as the severity of the alleged violation, rehabilitation efforts, and potential hardship faced upon removal are often considered during the review process.

Time spent in Canada and integration into Canadian society can significantly impact the outcome of deportation cases. Strong community ties, long-term residence, family connections, and contributions to society may support an argument for allowing the individual to remain in the country.

These elements help establish that deportation would cause undue hardship and is not in the best interest of the individual or their family.

Your immigration rights matter—connect with our compassionate immigration lawyer in Scarborough for professional advice.

Overview of permanent residency in Canada

A permanent resident of Canada enjoys the right to live, work, and study anywhere in the country while accessing most social benefits, including healthcare and are protected under Canadian law and the Charter of Rights and Freedoms. However, permanent residency does not equate to full citizenship.

One key distinction between permanent residency and citizenship is stability. While permanent residents must meet specific obligations, such as maintaining residency requirements and avoiding certain legal violations, citizens do not face these conditions.

Additionally, permanent residents cannot vote in federal elections or hold certain government jobs requiring citizenship.

The legal framework surrounding deportation

The Immigration and Refugee Protection Act (IRPA) is the cornerstone of Canadian immigration law, governing all aspects of immigration, including the conditions under which individuals, whether a foreign national or permanent resident, can be removed from Canada.

Enacted in 2002, the IRPA outlines the conditions under which individuals can enter, remain in, or be removed from Canada, ensuring fairness and transparency in immigration matters.

Under the IRPA, deportation decisions for permanent residents are typically based on specific grounds such as criminal activity, misrepresentation, or failure to meet residency requirements. The Act provides procedural safeguards, including the right to appeal and judicial review, allowing individuals to challenge removal orders.

Additionally, the IRPA ensures that deportation decisions consider factors such as humanitarian concerns and the best interests of any children affected by the decision.

This legal framework is designed to balance the enforcement of immigration laws with the protection of individual rights, making it essential for permanent residents to understand their rights and obligations under the IRPA.

Additional reading: how to stop a removal order in Canada

The Canadian deportation process for permanent residents

The deportation process for permanent residents in Canada follows a structured procedure to ensure fairness and compliance with the Immigration and Refugee Protection Act (IRPA):

Issuance of a removal order: A removal order is issued when a permanent resident is found to have violated immigration laws. The type of order depends on the severity of the violation.
Right to appeal: Eligible individuals may appeal the removal order to the Immigration Appeal Division (IAD). This step allows permanent residents to present their case and any mitigating factors.
Review of the appeal: A competent appeal is reviewed, and factors such as humanitarian concerns, time spent in Canada, and rehabilitation efforts are considered. If successful, the removal order may be canceled.
Judicial review: If the appeal is denied, the individual may seek a judicial review by the Federal Court of Canada. This step evaluates whether the decision-making process adhered to legal standards.
Enforcement of the removal order: If all appeals and reviews are exhausted, the removal order becomes enforceable. The individual is then required to leave Canada within a specified timeframe. Consider citizenship over permanent residency.

Consider citizenship over permanent residency

Canadian citizenship, whether acquired by birth or naturalization, provides stronger and more permanent protection against deportation compared to permanent residency. Naturalized citizens—those who acquire citizenship through the formal application process—enjoy nearly all the same rights as Canadian-born citizens.

The process for permanent residents to become naturalized Canadian citizens involves several important steps, including meeting specific eligibility criteria and completing procedural requirements:

Check Eligibility: Ensure you meet all requirements, including physical presence in Canada for at least three of the last five years, tax filing obligations (if applicable), and language proficiency.
Gather Required Documents: Prepare all necessary documents, such as proof of permanent residency, language test results, travel records, and tax filings. Documentation must be clear and complete to avoid delays.
Complete and Submit the Application: Fill out the Canadian citizenship application form (CIT 0002) accurately and include all supporting documents. Pay the required fees, which typically cover the application and processing.
Attend a Citizenship Test (if applicable): If you’re between the ages of 18 and 54, you’ll need to take a knowledge test about Canadian rights, responsibilities, history, and governance. The test is typically in a written format but may be oral in some cases.
Interview with an Immigration Official: After the test, you may be required to attend an interview with an immigration officer to confirm your application details and assess your language skills.
Wait for a Decision: Once the application is reviewed, you’ll receive a decision. If approved, you’ll receive an invitation to attend a citizenship ceremony.
Attend the Citizenship Ceremony: At the ceremony, you’ll take the Oath of Citizenship, which officially grants you Canadian citizenship. You’ll also receive your citizenship certificate at this event.
Apply for a Canadian Passport: After becoming a citizen, you can apply for a Canadian passport, solidifying your new status and enabling international travel as a Canadian.

By transitioning from permanent residency to naturalized citizenship, you can significantly reduce your risk of deportation and gain the ability to vote, hold government jobs, and fully participate in Canadian society.

If you’re worried about your status, our dedicated immigration lawyer in Brampton is here to guide you through every step.

How Kingwell Immigration Law can help

At Kingwell Immigration Law, we provide comprehensive legal services for permanent residents facing deportation or appealing removal orders. Our team is proficient in complex immigration laws, representing clients in hearings, and building strong cases to challenge deportation decisions.

Whether you’re dealing with a removal order or seeking advice on safeguarding your immigration status, we’re here to support you every step of the way. Our commitment to immigrant rights and personalized legal strategies sets us apart.

Our firm has a proven track record of success in defending clients against deportation and ensuring their rights are protected. With extensive experience and a deep comprehension of the Immigration and Refugee Protection Act (IRPA), we’ve helped countless individuals resolve their immigration challenges and remain in Canada.

If you’re a permanent resident facing deportation or have concerns about your immigration status, reach out to us today. Our competent immigration lawyers are here to help.

FAQs

What is the most common reason for deportation in Canada?

The most common reason is criminal activity, especially serious crimes like drug trafficking or violence. Misrepresentation during the immigration process and failing to meet residency obligations are also leading causes of deportation among permanent residents in Canada. Seeking legal advice is vital in these situations.

How to avoid deportation in Canada?

To avoid deportation, permanent residents should follow Canadian laws, meet residency requirements, and provide truthful information in all immigration applications. If facing potential deportation, seeking legal guidance early can help protect your rights and explore possible solutions to remain in Canada.

Does marriage prevent deportation?

Marriage to a Canadian citizen does not guarantee protection from deportation. Permanent residents must still comply with immigration laws, meet residency requirements, and avoid legal violations. Consulting our immigration lawyer can clarify your rights and help address any concerns about your immigration status.

What can a permanent resident not do in Canada?

Permanent residents cannot vote, run for political office, or hold specific government jobs requiring citizenship. Additionally, they must meet residency obligations and comply with Canadian laws to maintain their status and avoid risks of deportation or removal orders.

What should I do if I receive a removal order?

If you receive a removal order, contact our immigration lawyer immediately. You may have the right to appeal the decision or request a judicial review. Acting quickly ensures you explore all available legal options to challenge the order and protect your status.