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 copy of your passport
Two passport sized photographs taken within the last 6 months
A written letter explaining why you should be allowed back into Canada
And the processing fee of $400 CAD
If a departure order became a deportation order because the individual did not leave Canada in the prescribed 30 days, then the application has to include reasons explaining why the person did not leave within the 30 days timeline.
If the circumstances related to the individual’s removal have not changed then the likelihood of getting ARC is not very high. If a person is applying to come to Canada for a purpose such as studying, working or visiting the person does not need to apply a separate ARC application, because the ARC will be dealt within the context of the application if it gets approved.
Processing fees for ARC are not refundable regardless of what the final decision may be. If ARC application is refused and the individual wants to apply again then they will have to pay another processing fee just like they did the first time.
When will you need an ARC, depends on the removal order.
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 exclusion 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 you are facing this difficult matter and need help we at Akrami & Associates are well equipped to deal with it. Contact us for any further information.