I Did Not Show Up For Removal, Can I Become A Permanent Resident Of Canada?


Mary Keyork
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How can I stay in Canada after a removal order?

I came to Canada as a refugee claimant in 1999, and my claim was denied in 2003. I then submitted a Humanitarian and Compassionate as well as a Pre-Removal Risk Assessment application which was both denied in 2005 and 2009. I was told by immigration enforcement to leave Canada and immigration had purchased airline tickets for me. I did not show up for my removal, and I have now been underground for several years and now have a Canadian wife. Can I stay in Canada with my family and become a permanent resident of Canada?

To properly advise you, we would first need to obtain a copy of your file from immigration. Because you did not show up for your removal from Canada, there is probably a warrant for your arrest in Canada. If so, you would first need to get that warrant executed at the enforcement office. Depending on the circumstances of your case, enforcement might detain you following the arrest or release you with or without conditions. If you are in a committed and permanent relationship with your spouse, you might be allowed to become a permanent resident of Canada, but you might need to wait outside Canada during the process given your complex immigration history. If you do leave Canada for this process, you will also most likely need an Authorization to Return to Canada. It is best to consult with an immigration lawyer before taking any decisions.

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ABOUT THE AUTHOR
Mary Keyork provides Immigration Law services for hundreds of immigration applications in all categories and has appeared before all three divisions of the Immigration and Refugee Board as well as at the Federal Court of Canada, successfully representing clients in complex immigration applications and hearings.
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