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Those who are looking to re-enter Canada will require a prior authorization to do so. This authorization is applicable to people who have a Canadian visit visa, or received any of the three removal orders. Those that entered Canada on a visit visa need to get authorization at the time of leaving to re-enter Canada. If you have received a removal order from Canada, then you need and Authorization to Return to Canada (ARC) in order to come back into Canada.
A person who receives a departure order would be told to leave Canada within 30 days. If a person leaves Canada within that time period and verified their departure with a Canadian Immigration Officer at the port of exit then they do not need an Authorization to Return to Canada ARC for future. They can simply return after a normal examination at the port of entry. However, if the person left Canada without verifying their departure or after the 30 day deadline then the departure order becomes a deportation order and would require an ARC to re-enter Canada. A departure order is issued for a less serious violation of immigration law.
Exclusion order is different from departure order as it bars a foreign national from returning to Canada for a specified period of time, either for one year or for two years. The one year ban is generally issued when a foreign national has committed a minor offence such as trying to enter at a port of entry with incomplete documentation. The two year ban is reserved for more serious offences. If the person with an exlusion order remained outside of Canada for the prescribed period of time and has a certificate of departure, then they do not need an ARC. They can return to Canada subject to normal examination at the port of entry. However if the ban period has not passed and they want to return to Canada before or they don’t have a Certificate of Departure, then they need to apply for an ARC.
The deportation order permanently bars a person from future admission to Canada unless that person obtains written consent of the minister. Deportation may be issued if a person has been found inadmissible in Canada on serious grounds, or the person has committed serious violation of Canadian law, or a departure order was issued which turned into a deportation order. People who received a deportation order must apply for ARC to return to Canada. They would also need to explain as to why they should be allowed into Canada again. If their departure order became the deportation order then they also have to explain why they did not leave in 30 days period. If deportation resulted due to criminal inadmissibility then the individual needs to apply for criminal rehabilitation first. That person may also need a Temporary Resident Permit to be allowed back into Canada.
If the deportation order was made against an accompanying family member of an individual who was found inadmissible, that family member may return to Canada without written authorization.
For further information on whether you need authorization to re-enter Canada, contact us and we will be glad to assist you with your matter.
