Foreign nationals such as international students and work permit holders must comply with the terms and conditions under IRPA/IRPR to continue to stay in Canada. If you are found by IRCC or CBSA to be incompliant with these conditions, you may receive a document called “removal order” (there are three types of them) and face removal procedure, executed by CBSA.
I have one removal case from an international student Jane, where she did not attend school for a long time. She travelled back and forth to the United States for pleasure and shopping for at least six months before caught by CBSA officer at the port of entry (airport in this case). The CBSA confirmed with school that the subject had not been attending school, which violate the condition under IRPR section 220.1(1):
220.1 (1) The holder of a study permit in Canada is subject to the following conditions:
(a) they shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies; and
(b) they shall actively pursue their course or program of study.
In this case, CBSA is likely to issue the above-mentioned removal order to the subject, and the subject will be inadmissible to Canada for another year. The term inadmissible basically means that you are not allowed to enter Canada unless otherwise permitted by the law. Now, if you know that you are not in these otherwise permitted situations, and you know that you do not have legitimate excuses to not attend school in regular academic sessions, you are definitely in big trouble. But there is still remedy in this situation to mitigate the worst scenario.
The first thing you need to do is of course try to call me and seek professional advice. But it is totally under CBSA’s discretion to allow you make that phone call, to anyone. Even Canadian citizens do not have right of counsel (which means you do not need to answer questions without counselling a lawyer or other professionals) under CBSA officer’s examination because CBSA’s “examination” is not “arrest”, in which case you are entitled to the right of counsel. If they do not allow you to make the call. The next right thing to do is to tell them that you are not going to enter Canada this time. The legal term here is called withdraw your application to enter Canada, even though there are no application forms to fill in and submit. Your verbal instruction is sufficient.
The benefit to do this is to avoid being inadmissible to Canada for another one year, and the legal basis for this action lies in IRPR section 42 (1):
42 (1) Subject to subsection (2), an officer who examines a foreign national who is seeking to enter Canada and who has indicated that they want to withdraw their application to enter Canada shall allow the foreign national to withdraw their application and leave Canada.
After you give your verbal indication, your study permit will still be revoked, and will still need to leave Canada, but at least you can still try to get back to Canada after seeking other solutions afterwards. For example, you can apply for another study permit later, and then come back to Canada. Or, in certain cases, your visa on your passport is not revoked by CBSA, and you can still come back to Canada as a visitor, rather than an international student, to pack up your stuff at home.
However, if you do not know the above-mentioned solution under IRPR section 42 (1), and if the CBSA officer initiates the process called removal, you will be in bigger trouble under IRPR section 42 (2):
(2) If a report is being prepared or has been prepared under subsection 44(1) of the Act in respect of a foreign national who indicates that they want to withdraw their application to enter Canada, the officer shall not allow the foreign national to withdraw their application or leave Canada unless the Minister decides either not to make a removal order or not to refer the report to the Immigration Division for an admissibility hearing.
Simply put, if you do not know option to indicate that you are no longer seeking entry to Canada before CBSA starts to prepare the removal order, you may not be allowed to voluntarily leave Canada, and undergone the removal procedure executed by CBSA, and be excluded to enter Canada for another year.
最近有两个遣返的case，介绍过来的时候已经没得救了，所以我把处理方式免费写下来，这样如果有人看到，下次就可以在案子还有得救的时候给我打电话，让我代理案件。
第一个case：一个移民，由于过去5年内没有在加拿大住够730天，入境时被CBSA盘查。根据这个哥们儿说的，CBSA的人告诉她，如果他自愿renounce他的PR身份，那就可以让他马上进来，好歹可以让他收拾收拾加拿大家里的家当，处理处理银行里的资产。结果他就真的就签了一个renunciation，然后进来了。进来之后问我，现在该怎么办？
我说，现在没有任何办法。如果你不主动renounce移民身份，那么根据IRPA section 44 (2) 的要求, 应该由一个CBSA officer来启动剥夺身份的程序，然后给你签发遣返令。重点是，这个遣返令是可以上诉的。而你自己主动renounce的，没有上诉权。所以以后有人遇到这种情况，不要一听说要遣返你就吓的主动renounce，因为即使他签发了遣返令，你仍然可以进入加拿大（而不是被当天遣返），在规定时间内向法院提交上诉申请，这段时间一样可以收拾家当处理财产，这时候找我才有救。
第二个case，一个留学生，没有按照学生签证的要求去上学，不仅如此还经常跑到美国去玩儿，最后一次在机场入境的时候，被查到没有在上学。按照IRPR section 228 (c)(v)的要求，CBSA的人会启动遣返程序，并且给你吃一个exclusion order，今后一年不得入境，这时候的解法就是你一定要第一时间主动withdraw（前提当然是你确实没上学，也没有借口不上学）。因为，按照IRPR section 42 (1)的要求，如果CBSA的人还没有启动遣返程序，他只能允许你放弃进入加拿大。原文是：
42 (1) Subject to subsection (2), an officer who examines a foreign national who is seeking to enter Canada and who has indicated that they want to withdraw their application to enter Canada shall allow the foreign national to withdraw their application and leave Canada.
但是如果他们已经启动了遣返程序，那就sorry了，IRPR section 42 (1)不适用了，只适用IRPR section 42 (2），即
(2) If a report is being prepared or has been prepared under subsection 44(1) of the Act in respect of a foreign national who indicates that they want to withdraw their application to enter Canada, the officer shall not allow the foreign national to withdraw their application or leave Canada unless the Minister decides either not to make a removal order or not to refer the report to the Immigration Division for an admissibility hearing.
两者的区别在于，留学生对于遣返令是没有上诉权的，移民才有。所以，跟第一个case相反，你必须主动withdraw然后再来找我，我才能救你。
希望大家都不会遇到这种事情，不过如果遇到了，你要做正确的决定。