+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Applying for citizenship after a removal order

ana365123

Newbie
Oct 5, 2017
5
0
Hello!!! Hope someone can help me out, im freaking out :(, thank you !!! I came to canada in 2008 as a refugee claimant under my family case, we were denied so the lawyer suggested to apply for a review which we did but unfortunally wasnt granted and we decided to leave Canada voluntarily, when we got to the airport we found out that a removal order was applied as we didnt leave after the hearing because there is a law that says that if you come to Canada throught the US you cant apply for a review we didnt know and we were miss-advice by the lawyer as she didnt know the law, when i was living in canada i met someone and we got married in my country when we were in the middle of the process i applied for a ln authorization to return to Canada ARC that was gladly granted!!! Now im filling up the application to become a canadian citizen and the question number 16

(16. Prohibitions: To be eligible to become a Canadian citizen, you cannot be prohibited under the Citizenship act..
...4. Are you now, or have you ever been, under a removal order...)

got me thinking... Has anyone had this happened before? I have a life in canada now, can i become citizen ??? Any advice Thank you in advance hope someone can help me!
 

razerblade

VIP Member
Feb 21, 2014
4,197
1,355
Hello!!! Hope someone can help me out, im freaking out :(, thank you !!! I came to canada in 2008 as a refugee claimant under my family case, we were denied so the lawyer suggested to apply for a review which we did but unfortunally wasnt granted and we decided to leave Canada voluntarily, when we got to the airport we found out that a removal order was applied as we didnt leave after the hearing because there is a law that says that if you come to Canada throught the US you cant apply for a review we didnt know and we were miss-advice by the lawyer as she didnt know the law, when i was living in canada i met someone and we got married in my country when we were in the middle of the process i applied for a ln authorization to return to Canada ARC that was gladly granted!!! Now im filling up the application to become a canadian citizen and the question number 16

(16. Prohibitions: To be eligible to become a Canadian citizen, you cannot be prohibited under the Citizenship act..
...4. Are you now, or have you ever been, under a removal order...)

got me thinking... Has anyone had this happened before? I have a life in canada now, can i become citizen ??? Any advice Thank you in advance hope someone can help me!
Hi, If i may ask, how did you become a PR ? Did you not have to answer a similar question ?
 

ana365123

Newbie
Oct 5, 2017
5
0
Hi, If i may ask, how did you become a PR ? Did you not have to answer a similar question ?
Yes i did PR application question #8. Have you been ordered to leave canada.
But that question had no condition...
Now question #16. Its a Prohibition ... ( please read the situations that prevent you from bevoming a Canadian citizen ..#.4)
 

robw

Hero Member
Mar 10, 2014
286
91
This sounds like something you should ask a lawyer. I understand you had a bad experience the first time around, but you probably got unlucky. Do some research and invest your money in a good lawyer; I'm sure they'll give you good advice. Good luck!!
 
  • Like
Reactions: ana365123

dpenabill

VIP Member
Apr 2, 2010
6,282
3,042
Hello!!! Hope someone can help me out, im freaking out :(, thank you !!! I came to canada in 2008 as a refugee claimant under my family case, we were denied so the lawyer suggested to apply for a review which we did but unfortunally wasnt granted and we decided to leave Canada voluntarily, when we got to the airport we found out that a removal order was applied as we didnt leave after the hearing because there is a law that says that if you come to Canada throught the US you cant apply for a review we didnt know and we were miss-advice by the lawyer as she didnt know the law, when i was living in canada i met someone and we got married in my country when we were in the middle of the process i applied for a ln authorization to return to Canada ARC that was gladly granted!!! Now im filling up the application to become a canadian citizen and the question number 16

(16. Prohibitions: To be eligible to become a Canadian citizen, you cannot be prohibited under the Citizenship act..
...4. Are you now, or have you ever been, under a removal order...)

got me thinking... Has anyone had this happened before? I have a life in canada now, can i become citizen ??? Any advice Thank you in advance hope someone can help me!
NO PROBLEM.

This is not a problem (assuming you properly went through the process to later become a PR).

IRCC has your immigration history. Check the box for "b" in item 16, which opens a space in which to explain what it was and when (space to provide details). No need to elaborate. State it as simply as you can. No reason to even refer to the advice from the lawyer. Just state you were under a Removal Order xx date during a time you were seeking refugee status, you left Canada, and that you later obtained ARC and became a Canadian PR. (With dates as best you can recall.)

Item 16 is phrased in a way that is misleading, overly broad. It makes it seem that if any of the things listed will prohibit the person from becoming a citizen. For most of the items that is true. But there are some items which need to be disclosed in Item 16 even though they are not a prohibition. An old, resolved Removal Order, is one of those few things like this. (A foreign criminal conviction but which is not for something that is an indictable offense in Canada is another common one -- some countries make it a crime to not repay a debt, for example, and blasphemy is a crime in some countries; the applicant needs to disclose any such conviction but it is not a prohibition.)


In particular, as to removal orders:

One of the qualifications for a grant of citizenship is that the applicant:
"is not not under a removal order . . ."
This is subsection 5(1)(f) in the Citizenship Act.

Another is that you have valid PR status.

So IRCC requires applicants to disclose if they are under or have ever been under a Removal Order so that IRCC can review the applicant's history to make sure (1) the applicant is not currently under a Removal Order (which it appears you are not, not by a long shot), and (2) the applicant has valid PR status (which the fact you obtained ARC and then went through the process of obtaining PR status suggests you went through the process properly . . . but that is something IRCC needs to examine and confirm, which they should be able to do easily in their own information databases once you disclose the basic information).
 
  • Like
Reactions: ana365123

Staypositive4ever

Full Member
Dec 12, 2017
36
16
Hi. I have applied for citizenship over a week ago. I forgot to disclose that I was issued a voluntary departure order when applied for refugee in 2007. It was not until I flukly called my lawyer’s office and they told me that I was issued a voluntary departure order. As a matter of fact I had no idea if I was suppose to disclose or not or whether I had one issued. I tried to intercept the package with Canada post but they were not able to stop it from delivering and delivered. My refugee claim was denied but my sponsorship application got approved and got my pr. Also at no point I was asked to leave Canada so I had no idea that voluntary departure order is like one of the less severe removal order and was meant to be disclosed. I honestly had no idea and didn’t remember as I applied for refugee stud back in 2007. I am planning to write a letter once I receive my Aor which I am not sure how long it takes. Hopefully they do not consider this a misrepresentation as I never intended to conceal anything. The reality is it is hard to remember something that occurred like a decade ago.
 

alfoniev

Newbie
Jan 10, 2018
2
0
HI there, just a quick question regarding the citizenship application. When I came to Canada in 2010 I apply to be a refugee but after my hearing I was denied to be a protected person in Canada. After all stages of apeals CIC sent me a letter asking me to go to 6900 airport road for an interview as I was the subject to a removal order. I went to that interview and I showed them that I had an application of sponsorship. I showed all documents to the officer and he stamped all the papers. At the end of the interview the official never mention me a date of departure and he only said that if sponsorship is approved then I get to stay but if it denied then I will have to leave the country. in 2014 my sponsorship was approved and now I would like to apply for my citizenship but I am nervous. Would my situation be difficult to get my citizenship? I spoke to a lawyer and he told me that it might be complicated but we need to make a letter explaining what happen in my immigration history. Does any one had an experience like this? What was your outcome?
 

_MK_

Hero Member
Aug 20, 2014
594
49
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
04-01-2016
AOR Received.
09-04-2016
File Transfer...
23-06-2016
Med's Request
18-01-2017
Med's Done....
01-02-2017
Passport Req..
Waiting
VISA ISSUED...
Waiting
HI there, just a quick question regarding the citizenship application. When I came to Canada in 2010 I apply to be a refugee but after my hearing I was denied to be a protected person in Canada. After all stages of apeals CIC sent me a letter asking me to go to 6900 airport road for an interview as I was the subject to a removal order. I went to that interview and I showed them that I had an application of sponsorship. I showed all documents to the officer and he stamped all the papers. At the end of the interview the official never mention me a date of departure and he only said that if sponsorship is approved then I get to stay but if it denied then I will have to leave the country. in 2014 my sponsorship was approved and now I would like to apply for my citizenship but I am nervous. Would my situation be difficult to get my citizenship? I spoke to a lawyer and he told me that it might be complicated but we need to make a letter explaining what happen in my immigration history. Does any one had an experience like this? What was your outcome?
Nothing to worry about.
 

alfoniev

Newbie
Jan 10, 2018
2
0
Nothing to worry about.
Hi sorry to bother you guys again, so, for my question above, Should I answer Yes or No to the question Have you ever been under a removal order. The immigration officials never asked me to leave the country and afterwards my PR was approved. I have been advised by a few consultants and they said that I should answer Yes as i was the subject to a removal back then and they told me that I have to make a letter explaining how my process was and what happen. Would this affect my citizenship?
 

_MK_

Hero Member
Aug 20, 2014
594
49
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
04-01-2016
AOR Received.
09-04-2016
File Transfer...
23-06-2016
Med's Request
18-01-2017
Med's Done....
01-02-2017
Passport Req..
Waiting
VISA ISSUED...
Waiting
You should answer Yes and explain the situation.
It will not affect your citizenship application but it can make it take longer. Be truthful and provide all the facts.