On the day a 59-year-old man who has lived in Canada almost his whole life, but never obtained citizenship, is due in court over his scheduled deportation to the Netherlands, an immigration lawyer explains how other long-time residents of this country could suddenly find themselves ordered out.
Len Van Heest moved to Canada from the Netherlands with his mother when he was only eight months old. His mother never applied for Canadian citizenship on his behalf, even though he has lived in the country ever since. During his teenaged years, Van Heest developed bipolar disorder and racked up a police record that included charges for weapons and uttering threats. He also served nine months in prison for assault.
Although the Courtenay, B.C. man says that his mental illness is now under control and that he’s the primary caregiver for his 81-year-old mother, he is due to be deported on March 6.
Chantal Desloges, an immigration lawyer not involved in Van Heest’s case, explained that his situation is in line with Bill C-43, passed by the previous Conservative government, which allows for automatic deportation of any non-citizen who has been sentenced to six months or more. The bill also removed the right to appeal to the Immigration Appeal Division.
“In other comparable countries like U.K. and Australia the standard is set at 12 months,” Desloges told CTV’s Your Morning on Tuesday. “So six months is really quite a strict penalty.”
Van Heest’s right to appeal his deportation expired in 2012; however, Desloges said there are other options available to him. His lawyer could request a temporary resident permit, which Van Heest could use to stay in the country until he’s granted a pardon. Or he could apply to the Immigration Minister to reinstate his permanent resident status on compassionate and humanitarian grounds.
Desloges explained that Van Heest is not alone and that long-time residents in Canada often don’t realize they could face deportation.
Besides serving a sentence of six or more months in prison, a non-citizen could also be forced to leave if there’s a misrepresentation on their immigration documents, if it’s discovered they were in a marriage of convenience or “green card marriage,” or if they’ve left the country for too long.
“People think if they have permanent residence, it really is permanent, but there are ways that it can be taken away from you,” Desloges said.
The lawyer said she always advises immigrants in Canada to apply for their citizenship at the earliest possible opportunity. She said that means living in Canada for a period of four consecutive years within a six-year time frame.
“You do see cases from time to time where people came as children, and their parents, for whatever reason, maybe through an oversight or maybe because they didn’t want to give up their original citizenship, just didn’t apply on behalf of the children and then when they’re adults it becomes a problem,” Desloges said.
As for Van Heest, the immigration lawyer said he does have the option of reapplying for permanent residency in Canada if he is deported to the Netherlands, but that it would be difficult to obtain given his criminal record.
