Authorization to Return To Canada

Response to Procedural Fairness Letter,

Authorization to return to Canada

An Authorization to Return to Canada (ARC) is required when you have received a removal order from Canada, or have been deported from Canada, and you would like to return.

Applying for Authorization to Return to Canadais basically asking for permission to be allowed into Canada, after you’ve already been escorted out.

If you are successful in obtaining an Authorization to Return to Canada, there’s no guarantee that you will be allowed entry to Canada.

Entry to Canada is decided by the immigration officer at the port of entry.

This is why it is extremely important that you complete all necessary paperwork and be prepared as much as possible so that you can increase your chances of entry.

Information that you should always include in your Authorization to Return to Canada application are:

  • Explanation of why you were deported.
  • Documented proof that your reasons for deportation won’t happen again
  • A clear and detailed explanation of the purpose of your return
  • An explanation of why the government should grant you permission to return
  • Documented proof that your stay will be temporary

A decision to grant Authorization to Return to Canada is discretionary, and so it is important to make an application as thorough and convincing as possible.

You should always work with an experienced immigration lawyer to ensure that you are including everything you need in your application. After all, once you receive Authorization to Return to Canada, unless you are deported again, you never have to apply again.

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Types of Removal Orders

In Canada, a Removal Order is issued to an individual when they are in breach of the Immigration and Refugee Protection Act.

If, for example, you have committed a crime as a foreign national or permanent resident, or are in Canada under false pretense, you could have a Removal Order issued against you.

If you have been issued a Removal Order, it is important to understand the type of Removal Order and its consequences. You also need to understand what it means in terms of ever returning to Canada.

 

There are 3 types of removal orders:

  1. Departure Order – This requires that you leave Canada within 30 days. Once you leave, confirmation of your departure must immediately be sent to the CBSA – this is so they know that you’ve left, so they can determine when, if necessary, you can return. This type of removal order carries the lightest consequences. If you leave within 30 days, you will be eligible to return to Canada in the future, as long as you comply with the other entry requirements at that time. If you do not leave within 30 days of being issued a Departure Order, then the order will automatically become a Deportation Order, which would make it much more difficult for you to return in the future.
  2. Exclusion Order – Like the Departure Order, if you have been issued an Exclusion Order, you will have a certain period of time to leave Canada and notify the CBSA. With this Order, however, you may be banned from applying for re-entry into Canada for one year. Common reasons for an Exclusion Order include overstaying past your visa, entering Canada without a proper visa, and studying in Canada without the proper authorization. If, for example, you are issued an exclusion order by virtue of a misrepresentation, then you will be barred from re-entering Canada for five years.
  3. Deportation Order – This type of Order carries the most severe penalty. If you are issued a Deportation Order, you are permanently barred from returning to Canada and will need ARC if you wish to return in the future.

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It is important to note that if you are removed from Canada, and the Government of Canada or CBSA paid for your removal and airline tickets, then you will be required to repay that cost before you are eligible to return.

You will only need to apply for Authorization to Return to Canada (ARC) if you have been issued, or your order has become, a Deportation Order.

You only need to apply for an Authorization to Return to Canada once, and will not need it each time you seek to enter Canada.

It is always best to speak with an immigration lawyer who specializes in immigration law to ensure that you are abiding by the requisite immigration laws and regulations at all time, and to help you determine whether you must apply for Authorization to return to Canada and the best way to do so.

Adam Hummel is an Associate Lawyer in the Immigration practice, and Wills & Estates practice groups at Hummingbird Lawyers LLP.

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