Being removed from Canada can be tough and embarrassing for many. However, you can still be let back into Canada despite your removal. You can do this by obtaining an authorization to return to Canada which will be discussed further below.
The authorization to return to Canada is a special authorization that allows you to return to Canada if you were removed from Canada. You can receive an authorization to return to Canada if you are looking for permanent residency, are looking to visit Canada once or multiple entries to enter Canada in a stated time period.
If you received a removal order, you may need an ARC (Authorization to Return to Canada) depending on which removal order you received and the circumstances surrounding it.
A removal order is an order for you to leave Canada. There are three types of ways you can be removed from Canada under the removal order.
The three types of removal orders are:
A deportation order (Form IMM 5238) is a permanent bar that prevents you from re-entering Canada. This is usually issued for the more serious offences, if you had a departure order and did not leave Canada during the 30 days. If you were given a deportation order, you will always require an Authorization to Return to Canada.
An exclusion order (Form IMM 1214B) is usually issued if you violated Canadian immigration and it keeps you off Canadian grounds for a certain specified period of time. This specified time period can be one or two years depending on your circumstances. If you were issued an exclusion order you will not require an ARC IF
1 year or 2 years have passed since you exited Canada
You received a Certificate of Departure (Form IMM 0056B) as proof indicating the date you left Canada
Depending on your exclusion order, you can come back to Canada after one or two years. If you want to come back to Canada before this you will have to apply for Authorization to Return to Canada.
For departure orders (Form IMM 5238B), you must leave Canada within 30 days the date that you were told to leave Canada. If you were issued a departure order, you will not require an ARC if:
You left Canada before the 30 days
And that this exit was verified by a Canadian immigration officer when you were exiting
If you do not depart Canada after the 30 days, this departure order will turn into a deportation order which is more serious and is a permanent bar from being able to come back to Canada. If you receive a deportation order in this matter, you must explain as to why you did not leave Canada within the 30 days.
If you are a refugee claimants you can obtain the conditional departure order. So if your refugee claim gets approved, your removal order will be revoked. However if your claim is denied, then you will have 30 days to leave Canada.
A direction to leave Canada (Form IMM 1217B) is not a removal order. Thus, you do not need to apply for an Authorization to Return to Canada. You can come back to a port of entry and be examined there.
Removal orders can be appealed to the Immigration Appeal Division within 30 days. There are certain circumstances in which you cannot appeal a removal order. These circumstances are:
If you violated human or international rights
If you were removed because you were a security risk to Canada
If you were convicted of a serious crime whose punishment is more than two years
If you were involved in an organized crime
If your appeal is approved, then the removal order will be revoked but on the other hand if you are denied, you will have to leave Canada. However you may be given a stay which means that you can stay in Canada temporarily until a decision is made on your appeal.
If you are coming to Canada for any reason such as studying, working, or immigrate then you will not require a separate application for the authorization to return to Canada. It will be dealt with in the circumstances of that application. But if this is not the case, you will need to fill out a separate application to obtain an Authorization to Return to Canada.
Keep in mind to submit a complete with all the required documentation as your application can be sent back to you if deemed incomplete which as a result increases the amount of time in which your application will be processed.
The documentation you will need to show depends on the reason as to why you are coming to Canada. Contact your visa office to find out what documentation you will need as it may be different depending on the visa office. Below is the list of documentation that you will be required to provide along with your completed application if you are filing a separate application:
Proof of identification and a valid travel document
Within the last six months, show two passport size photos
A temporary Resident visa
A written letter as to why you should be let back into Canada (can be either in English or French)
Any applicable fees (as of now it is $400 CAD for processing and it is un-refundable)
The officer will look at factors like:
The reasons why you were given a removal order from Canada
The safety and security of other Canadians
The factor if you will reoffend once you come back to Canada
The need to enter Canada
Your current circumstances
Whether you require an Authorization to Return to Canada
If you will follow the laws of Canada once you arrive
If you were removed from Canada due to a criminal inadmissibility, medical inadmissibility, compliances issues then you can overcome this by obtaining a temporary resident permit. A temporary resident permit allows you to come to Canada temporarily. It is tough to obtain as you have to convince to the officer that the need in the need vs risk factor is greater and that your reason coming to Canada is valid and compelling. This is only a temporary bridge to overcoming any admissibility.
If you were removed from Canada due to a criminal inadmissibility, you will need to apply for criminal rehabilitation if you committed the offence outside of Canada. Criminal rehabilitation permanently removes any criminal inadmissibility. There is a longer period of time that you must wait in order to apply for criminal rehabilitation. This period of time depends on the classification of the offence as indictable or summary, and the length of the sentence. But you can be deemed rehabilitated without having to apply for criminal rehabilitation if a certain amount of time has passed since you committed the offence which again depends on the type of offence you committed.
You may be required to pay fees if the Canadian Government spent money to remove you from Canada. While your application is being processed, you will be notified if you have to pay any fees towards it.
If any of your documentation is not in one of Canada’s two official languages which are English and French, you will need a certified translation of the document and attach both of these with your application.
You may be called in for an interview or be asked for more documentation when your application is being processed.
It is important to keep in mind that even if you leave by the date of your removal order that you confirm it with the CBSA because if you don’t it will cause you more trouble when trying to obtain the authorization to return to Canada.
Hiring an immigration lawyer is recommended for an authorization to return to Canada is recommended as it is a complex process and an approval is not always guaranteed. At Akrami and Associates, we have helped many of our clients who have been given a removal order from Canada, to obtain the Authorization to Return Canada. We can help you too. We do this by guiding you step by step throughout the process, gathering the required and supporting documentation to make an effective application increasing your chances of obtaining an Authorization to Return to Canada. Feel free to give us a call today so we can better assess your situation, answer questions, go over the authorization to return to Canada in more depth and arrange for a consultation with one of our legal representatives.
We offer immigration kits for Authorization to Return to Canada if you are looking to file the application on your own. These easy to understand kits guide you throughout the process. We also offer them in elite bundles. These elite bundles come at an additional extra cost and include a consultation and a final review on your application by one of our legal representatives. Contact us for more details on these kits.
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