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Have you previously been ordered to leave Canada, and are now wondering what this means for your ability to visit the country again? Being ordered to leave Canada is one of the many reasons an individual may be considered inadmissible to the country, and ultimately not be allowed to enter the country. You will know that you have been ordered to leave Canada if you receive a removal order from Canadian immigration services. If this sounds like the circumstances you face, there is good news! Akrami and Associates has plenty of experience evaluating the unique circumstances individuals may face, and helping each one solve their issue of being inadmissible to the country. Keep reading to find out if you will likely need an authorization to return to Canada (ARC), before you are permitted to enter the country again.
An authorization to return to Canada (ARC) is a document any individual who has received a removal order from Canadian immigration services most likely needs, though, there are exceptions. In other words, an ARC is needed for any individual who travels to Canada and fails to comply with the requirements set out in the Immigration and Refugee Protection Act (IRPA). One can fail to comply with the requirements set out in IRPA by staying longer than the standard 6 months individuals are allowed to stay, or longer than is permitted according to their visitor’s visa in their specific circumstance. One can also violate IRPA regulations by working or studying in Canada while they are not permitted to do so, for example. Violating the regulations set out in IRPA do not simply trigger your removal from Canada, it is most likely that following this occurrence, you will require an authorization to return to Canada before you are allowed to enter the country. To be clear, you are often considered inadmissible to Canada if you violate the regulations of the IRPA. An ARC overcomes your status as inadmissible if you are inadmissible as the result of a removal order.
As mentioned, if you have received a removal order from Canadian immigration services, you most likely need an authorization to return to Canada. Though, this depends on your specific circumstance. There are three different removal orders you could receive.
1. A Departure Order
First, you may receive a departure order. A departure order is not a deportation order, rather, it is a notice that you must leave the country within 30 days of being issued the notice. As you leave the country, you must notify a Canadian border officer that you are leaving the country for you to have complied with the requirements of your departure order. If you do not leave the country within 30 days, or you do not inform an officer of your departure, your departure order will automatically turn into a deportation order. It is very important that you comply with your departure order if you receive one, because a departure order does not make you inadmissible to Canada in the future, whereas a deportation order does. If you receive a departure order and you comply, you will not need to apply for authorization to return to Canada in the future. You are still subject to the same requirements any individual seeking entry into the country is required to comply with, and as with any traveler, it is at the discretion of a Canadian border services agent to allow you to enter the country.
2. An Exclusion Order
Second, you could receive an exclusion order. An exclusion order requires you to leave the country, and stay out of the country for at least 12 months following your departure. With an exclusion order it is essential you inform the immigration officer of your departure as soon as you leave the country. You must inform an immigration officer of your departure so that you can be issued a certificate of departure, showing the date you exited the country. This is crucial because without a certificate of departure, you cannot prove that you have stayed out of the country for at least 12 months, and will absolutely have issues if you attempt to re-enter the country, even if you have complied with all other exclusion order requirements. If you stay out of the country for at least 12 months and have a certificate of departure, you do not need an ARC to return to Canada. However, if you would like to re-enter in less than the 12 month period or did not collect a certificate of departure, you will need an approved ARC to re-enter the country.
3. A Deportation Order
Finally, you may receive a deportation order. A deportation order always requires an individual to apply for authorization to return to Canada, to be permitted to re-enter the country. A deportation order makes you an inadmissible traveler indefinitely. If you would like to return to Canada after receiving a deportation order, you must apply for authorization to return to Canada. It is important to know, permitting you to re-enter the country is at the complete discretion of the Canadian immigration officer who processes your case.
It is possible that you are the subject of a deportation order as the result of a family member’s involvement in criminal activity, or something else which prompts them to become an inadmissible traveler and receive a deportation order. Fortunately, if this is the case for you, you are not required to apply for authorization to return as a result of your family member’s inadmissibility. Though, the fact that you have an inadmissible family member could make you an inadmissible traveler, and require you to apply for a temporary resident permit before you are permitted to re-enter the country. We recognize that navigating your specific circumstance if you have an inadmissible family member can be very confusing and overwhelming. Luckily, Akrami and Associates has an abundance of experience helping clients navigate their way through inadmissibility, to be permitted to enter Canada again.
It is important to understand that when you have been removed by order of a Minister from Canada, there would be a clear reason as to why you were removed communicated to you on your removal order. If you are requesting to enter the country after being removed, it is important to consider why you were removed. For there to be a chance of having your ARC application approved, you must be able to prove you will not repeat the actions which initially got you removed again. If it seems that you are still a threat to Canadians for any reason, especially if you cannot prove you will not do the things you were initially removed for, you will not be permitted to re-enter the country. The purpose of allowing individuals to apply for authorization to return is to allow individuals who have compelling reason to come to the country and are not expected to repeat their previous infractions, to enter the country. This means in your ARC application you must prove that as a result of your current situation, you are no longer likely to infringe on the rules set out for Canadian visitors, as given in the Immigration and Refugee Protection Act.
The Canadian Immigration Services website provides an example of how an immigration officer will consider ARC applications. For example, if you were deported because you were illegally working in Canada, and are seeking re-entry with an ARC, you must be able to prove you have an alternate working arrangement and strong ties to your home country. If you cannot prove that there is no chance you will return to Canada again to work, you will not have your ARC application approved.
It is also common that an individual did not comply with the requirements of their removal order (whether a departure notice or an exclusion order) when it was issued. In this case, the individual must thoroughly explain in their ARC application why they failed to comply with the requirements of the order, to be excused of their actions.
There is a $400CAD, non-refundable processing fee which accompanies the application process, regardless of whether your application to return to Canada is approved or not.
Also, if you are applying for a study permit or a work permit and you will also require an approved ARC to be permitted to enter the country, you should not submit a separate ARC application. Rather, your ARC application can be dealt with at the same time as a study permit application or a work permit application. Though, the separate $400 processing fee will still apply.
You will need a fully completed and validated temporary resident visa application, along with two passport size photos taken within the past 6 months. Additionally, you will need to provide a complete copy of your passport. Finally, you must provide a letter in English or French explaining compelling reasons you should be allowed to re-enter Canada. As mentioned, within this letter it is important to include an explanation of how your circumstances have changed since your removal order was issued, proving that you should be permitted to re-enter.
It is important to remember that no foreign national has the right to enter Canada. Entering Canada is always a privilege, even if you are an admissible traveler. Therefore, it is essential that you abide by the requirements of your removal order, if you receive one. If you require an Authorization to Return to Canada, it is important to take into consideration all of the aforementioned information on how to apply for an ARC. Applying for an ARC can be extremely stressful and difficult to pursue on your own, because each application is very specific to your given circumstances. Therefore, it is highly recommended that you seek out professional and experienced help before proceeding with the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients who are inadmissible as the result of a removal order, apply for authorization to return successfully. If you need assistance, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information, or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!