When the Removal Order becomes a Deportation Order
Yesterday in Toronto, Canada headlines were made when Black Lives Matters (Toronto) staged a protest in support of Beverley Braham and her plea to stay in Canada despite receiving a deportation order. “Let Beverley Stay” was the chant that rang out in Dundas Square, Toronto during the protest. Black Lives Matters is concerned that this is another case of trying to separate black families.
The situation has made the news because she is a black woman, married to a Canadian citizen, is currently awaiting the processing of her husband’s spousal sponsorship application and she has just given birth to a baby whom she delivered in Canada. Also, she was locked in immigration detention for 3 days with her baby before being released and faced with the order to leave Canada by September 21, 2017.
We would like to take the time to educate Jamaicans and other foreign nationals in Canada on the importance of understanding the types of removal orders, the Canada Border Service Agency (CBSA) procedures, and how it is imperative to not overstay your visa while visiting Canada…DESPITE the fact that you may have married your partner and plan to submit a sponsorship application. The marriage would have had to happen PRIOR to the expiration date given on her visa.
According to the Toronto Star, Beverley and her husband had submitted their spousal sponsorship application to Immigration, Refugees, and Citizenship Canada (IRCC) 11 months ago and are expecting a response in one month. She was previously ordered to leave Canada in March 2017 at 31-weeks pregnant but she was granted an extension of 3 months.
“The only thing I did wrong was I overstayed my time.”- Beverley Braham
This would bring her to June 2017. It is now September. Indeed, Beverley has recognized her mistake. Despite the processing that is happening within IRCC, persons must recognize that CBSA is a separate entity that does not work in conjunction with IRCC. CBSA immigration officers have a different priority, in this case it is to ensure that foreign nationals who enter the country on a visa, leave on or before the time that was granted to them. Persons must understand that CBSA officers in Canada have the authority to look for an individual who is out of status, arrest them and hold them in immigration detention. At this stage, they will ultimately be given a Removal Order. It does not matter what process you may have started with IRCC.
A quick lesson. A removal order given becomes a deportation order when the person decides to leave Canada voluntarily within the 30 days date of the order but they choose not to notify CBSA that they are leaving upon their departure. OR, a removal order becomes a deportation order when a person fails to leave Canada within the 30 day period of the departure order being issued. The latter is the case for Jamaican, Beverley Braham.
We are hoping for the best outcome for Beverley Braham and her family. If she inevitably returns to Jamaica, her next step would be to apply for an Authorization to Return to Canada (ARC) or wait the month or two until the processing for the sponsorship application is complete.
The short time period left for the processing of the sponsorship application is why many cannot understand the need to reject her appeal and to deport her.
If you are currently visiting Canada and you are nearing the date that was given to you by the immigration officer to leave Canada, call us for help to complete an application for an extension. Based on your circumstance, you may be granted the opportunity to extend your stay in Canada.