If you have been the subject of a removal order from Canada you will probably need an Authorization to Return to Canada (ARC) if you want to return. It is essentially asking the Government of Canada for permission to come back into the country.
Whether you need one depends on the type of removal order that was issued.
There are three types of removal order are
- Departure Order
- Exclusion Order
- Deportation Order
Departure Order
If you received a Departure Order and left Canada within the required 30 days and verified your departure with a Canadian immigration officer at the port of exit you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.
If you left the country without verifying your departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you need to apply for an ARC.
Exclusion Order
If you were issued an Exclusion Order and 12 months have passed since you left Canada and you have a Certificate of Departure showing the date you left Canada you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.
If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.
Deportation Order
If you have been the subject of a Deportation Order you will need to apply for an ARC.
If you were deported because of criminal inadmissibility, you will need to apply for criminal rehabilitation first. You may also need a Temporary Resident Permit to be allowed into Canada.
If you received A Direction to Leave Canada, this is not a removal order; you do not need to apply for an ARC. You can return to Canada subject to normal examination at the port of entry.
Applying for an ARC
When an officer assesses your application, they will consider, among other things:
- the reasons for the removal order
- the possibility that you will repeat the behaviour that caused the order to be issued
- the length of time since the order was issued
- your current situation
- the reason why you want to enter Canada.
In most cases an ARC is associated with another application and will be processed and reviewed in the context of that application. For example, if the applicant requires a visa to visit, study, or work in Canada, he or she does not make a separate ARC application.
The only situation in which this would not be the case is if the applicant did not need a visa to come to Canada, for example if he or she is a citizen of a visa-exempt country. In this scenario, an ARC application can be submitted on its own.
There is no guarantee that you will be issued an Authorization to Return to Canada, and if the Government of Canada spent money to remove you from the country, you will have to repay any costs before an ARC will be issued.
If the above situations apply to you, we can assist you with this. Contact us to find out how we can help you return to Canada.
