Authorization to Return to Canada ARC

Authorization to Return to Canada ARC

Millions of people come to Canada on a yearly basis, each with different goals in mind. Some visit, some work and some intend to remain permanently. Unfortunately, not everyone is able to ultimately achieve these goals and are officially asked to leave Canada. Further, not everyone complies with this request. If you have ever been the officially asked to leave Canada or have been the subject of a Removal Order, you will need special authorization to return to Canada. There are three basic Types of Removal Orders:

Departure Order

A departure order is usually issued to those who have temporary status in Canada and their authorized period of stay has come to an end. Citizenship and Immigration Canada will issue this Order in an attempt to have you voluntarily depart from Canada.

This means that you are freely leaving Canada of your own volition in compliance with Citizenship and Immigration Canada’s request.

If you decide to comply and notify Border Officials of your departure, you may not need additional authorization to re-enter Canada at a later date.

Exclusion Order

An exclusion order is slightly more severe than a deportation orders. It is usually issued for those who have not complied with Citizenship and Immigration Canada Regulation, have committed a crime in Canada or have misrepresented information on an application to Citizenship and Immigration Canada.

An exclusion order means that you cannot return to Canada for at least one year from the date your exclusion order was issued. If you need to enter Canada during this time frame, you will need special authorization to do so.

If you received an exclusion order because of misrepresentation, the exclusion order is in effect for two years instead of one.

Deportation Order

If you have been issued a Deportation order, you are permanently barred from returning to Canada. This is a very serious situation indeed. Deportation orders are issued to those with a long standing past of noncompliance with Citizenship

Keep Your Status Up to Date

To avoid any complications with your status in Canada, here are a few tips to help you:

  • Make a mental note, write on your calendar, set reminders etc. for when your status will expire;
  • If you intend on maintaining this status, prepare your documents in advance;
  • Submit an application prior to the expiry of your documents;
  • Allow for processing times of a new application;
  • Account for the time it will take to obtain your new status document; this may affect those on a work permit.

If your intention is not to maintain your status, there are other things you need to do to avoid a removal order:

  • Notify Citizenship and Immigration Canada and the Canadian Border of your intention to exit Canada;
  • Prepare for your exit travel in advance of the expiry of your status documents;
  • Pack your belongings in advance;

What You will Need

If you have received an exclusion order or deportation order, an application for an Authorization to Return to Canada may be in order. Depending on the nature of your removal order, you will need this special authorization before you can return to Canada.

In the case of an exclusion order, you will not be able to enter Canada for at least one year. If you wish to enter Canada prior to the end of this year period, you will need to obtain an Authorization to Return to Canada to facilitate this travel. Otherwise, you must wait for the year wait period to be over. If you received an exclusion order based on misrepresentation, the wait period is increased to two years.

If you have received a deportation order, you are never able to renter Canada without first obtaining the Authorization to Return. Note that a departure order, which has no serious consequences besides you being asked to exit Canada voluntarily, becomes a deportation order if not obeyed. This can have serious consequences on any further immigration goals to Canada.

How We Can Help

If you have been issued an exclusion or deportation order, you will definitely need an Authorization to Return to Canada. Without this, regardless of your intended purpose in Canada, you will not be allowed to return. In addition to the authorization to return to Canada, depending on your purpose, you will also need the appropriate status document. For example, if you wish to work in Canada, you will also need a work permit in addition to the authorization to return.

We will assist you:

  • Draft the necessary forms;
  • Draft appropriate supporting documentation that demonstrates your reason for wishing to renter Canada as per your unique situation;
  • Assist you in obtaining necessary documentation and address the reason why you were issued a removal order in the first place;
  • Demonstrate why you will not overstay a second time should you be approved to return to Canada;
  • Compile the strongest possible case as per your unique situation;
  • Follow up with Citizenship and Immigration Canada on your application ensuring the fastest possible processing time; and
  • Of course, be with you every step of the way.

For more information regarding an Authorization to Return to Canada, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

What is ARC?

ARC is authorization to return to Canada. It is needed when someone was once in Canada, then they were asked to leave using one of the three removal orders we have, and now they want to come back into the country. There are three types of removal orders in Canada: departure order, exclusion order and deportation order.

Departure Order

Departure order gives you the choice to leave Canada voluntarily or else you will be forced to leave Canada. If you had received a departure order and you left Canada within the required 30 days, and you verified your departure with a Canadian immigration officer at the port of exit, you do not need ARC. However, if you left the country without verifying your departure, or you left more than 30 days after the order was issued, the departure order automatically becomes a deportation order and you would need to apply for an ARC.

Exclusion Order

If you were issued an exclusion order and 12 months have passed since you left Canada and you have a Certificate of Departure showing the date you left Canada, you do not need an ARC to return to Canada. You would just be subject to normal examination at the port of entry. If you want to return to Canada before the 12 months are up, after the exclusion order was issued and do not have a Certificate of Departure, you need to apply for an ARC in order to come back into Canada .

Deportation Order

If you have been issued a Deportation Order, you will need to apply for ARC to come back into Canada. A deportation order bans a person from ever coming back into Canada without authorization.

Reasons for Inadmissibility

  • Security reasons (espionage, subversion, violence or terrorism, or membership in an organization that is involved in any of these)

  • Human or international rights violations (including war crimes, crimes against humanity, being a senior official in a government engaged in gross human rights violations)

  • Committing serious crime that would be punishable by a maximum prison term of at least 10 years in Canada

  • Having been convicted of a crime, including driving while under the influence of alcohol and drugs

  • Organized crime (membership in an organization)

  • Health grounds (if condition is likely to endanger health or social services)

  • Financial reasons (unable to support themselves or their families)

  • Misrepresentation (false information or withholding information)

  • Having an inadmissible family member

    If you are applying to Canada for any reason whether it is visiting, studying, working or immigrating, you do not need to submit a separate application for an ARC. If you are approved, the ARC will have been deemed to be dealt with and all you need to do is pay any fees that are required of you.

    Removal orders are simple and if dealt with properly, not disastrous when dealing trying to come back into Canada. Allow our legal professionals to answer any questions, comments or concerns you have in regards to your matter.

You may need to make an application to return to Canada if you have been subject to a removal order in the form of,

  • A departure order;
  • An exclusion order; or
  • A deportation order

In order to better understand the application process, you should know whether or not this application will apply to you.

Upon receiving a departure order, if you left within the required thirty days and validated your departure at a port of exit with an immigration officer, then you will not need to make an application for authorization to return to Canada. If you did not comply with these requirements, then an application will need to be made.

If an exclusion order was issued to you, then twelve months must have passed since you left Canada and you must provide a certificate of departure as proof of the day you left. If it has yet to be twelve months since you left Canada or you do not have the certificate, then you must make an application to enter Canada.

All persons issued a deportation order will have to make an application if they wish to come to Canada again.

So what is this application for Authorization to Return to Canada? Due to your removal order, you must show that the problem you were asked to leave is not a continuing concern.

To apply for authorization to return to Canada, you will have to:

  • Complete a Temporary Resident Visa form online and make sure you have the barcode page
  • Attach two passport sized photos
  • Attach a copy of your passport
  • Write a letter explaining why you should be allowed to enter Canada
  • Pay the processing fee

At Akrami & Associates, we understand that every situation is different. If you have further concerns about your circumstance, our experienced legal professionals can assist you. Call us today to find out how we can help.

Canada is a land of opportunity for many people seeking a better life. Whatever your reasons are for immigrating to Canada, you must be sure that you comply with all the regulations of the Canadian immigration system. Depending on what you are applying for, rules will apply.

For example, if you are applying for a temporary status document like a Visitor Visa, officially known as a Temporary Resident Visa, you will need to demonstrate factors like:

  • Your ability to leave Canada once your authorized period of stay is over;
  • Funds available;
  • Your Intentions in Canada, etc.

If you are applying for a permanent matter, like Sponsorship or the Federal Skilled Worker program, you will need to demonstrate:

  • You have an eligible sponsor, when it comes to Sponsorship and you are in a genuine relationship;
  • You have the skills required for your intended occupation in Canada;
  • You meet language requirements, etc.

Complying with these regulations is key if you wish to be successful. However, many people attempt to undercut the immigration system, which can lead to removal orders.

Removal Orders

A Removal Order is an official request to leave Canada. These requests can came for a number of reasons and you are required to comply. If you do not, you can face serious repercussions.

If you have been in Canada on temporary status like a Temporary Resident Visa or Work Permit that is close to expire, it is not uncommon for you to receive correspondence from Citizenship and Immigration Canada noting this fact and asking you to either update your status or exit Canada. This is a Voluntary Departure, where you have been given the option to exit Canada of your own free will.

If you comply with this departure and notify the border of your exit of Canada, you will not face any issues when attempting future applications. However, if you do no, your Departure Order will automatically become a Deportation Order.

A Deportation order means that you are barred from re-entering Canada unless you receive special approval to do so. This approval is called an Authorization to Return to Canada. In this situation, once removed from Canada, you will never again be able to re-enter without one regardless of your intended purpose.

Lastly, an exclusion order can also be issued to you if you have made too many attempts to enter Canada or not complied with some other regulation. An exclusion order means that you are barred from entering Canada for at least one year. If you wish to enter Canada prior to this, you will need to apply for an Authorization to Return to Canada.

If you are a Temporary Resident or a Permanent Resident, you need to ensure that you comply with the requirements and criteria of your legal status. Failing to comply with the requirements of your status or failing to comply with the Immigration and Refugee Protection Act or Regulation, can lead to several problems.

One possible result of a failure to comply with the Act or Regulation or the specific requirements of your legal status is that the Border Services or Citizenship and Immigration Canada can proceed to remove you from Canada. This can be done by way of a Removal Order.

When you receive a Removal Order, you need to carefully read the order to determine what type of Removal Order has been given. The type of Removal Order will determine which Authorization to Return to Canada (ARC) application you will need to complete and submit. There are three types of Removal Orders: (1) A departure order; (2) A deportation order; and (3) An exclusion order.

Departure Order

If you received a Departure Order, but you left Canada within 30 days and you checked-in with an immigration officer at the Port-of-Entry, who will verify your departure, you are not required to complete an Authorization to Return to Canada.

In this case, you can re-enter Canada by way of normal procedures, through a Port-of-Entry.

The key with the Deportation Order is to verify your departure with an immigration officer at the Port-of-Entry. If you do not verify your departure, you may be subject to a different type of exclusion order, and consequently, you may required to obtain an Authorization to Return to Canada.

Exclusion Order

If you have received an exclusion order and you have left Canada for more than 12 months, you will not need to complete and submit an Authorization to Return to Canada. In this case, you will need to have the appropriate documents verifying that you left Canada for more than 12 months. If you do not provide the appropriate verification document, or if you want to come to Canada in less than 12 months, you will need to complete an Authorization to Return to Canada.

Deportation Order

If you receive a deportation order, you must apply for an Authorization to Return to Canada. This will require that you provide a detailed explanation of your situation and why you feel you should be allowed to come back to Canada.

If you have been deported due to a criminal inadmissibility, you must apply for criminal rehabilitation first before you apply for an Authorization to Return to Canada. In this case, you will need to complete a Temporary Resident Permit application that will address your criminal inadmissibility and rehabilitation.

The granting of an Authorization to Return to Canada is at the discretion of the immigration officer. The officer will consider several factors when making their decision, such as:

  • The possibility that you will repeat the behavior that led to the Removal Order being issued in the first place
  • The length of time since the Removal Order was issued
  • Your current situation
  • The reason why you want to come back to Canada

If you receive a Removal Order and are unsure how to proceed, Akrami & Associates can help! No matter the type of Removal Order, our legal team has the expertise to handle your specific situation.

If you have entered Canada, for whatever the reason, maintaining your status is key to legally remaining in Canada. Unfortunately, ignorance of the law or immigration regulation is no excuse from the government or Citizenship and Immigration Canada taking action against you.

Whatever your purpose or status in Canada is, you need to maintain this status above all else if you wish to legally remain in Canada and not affect any future applications.

Keeping your Status in Canada

To avoid any complications with your status in Canada, here are a few tips to help you:

  • Make a mental note, write on your calendar, set reminders etc. for when your status will expire;
  • If you intend on maintaining this status, prepare your documents in advance;
  • Submit an application prior to the expiry of your documents;
  • Allow for processing times of a new application;
  • Account for the time it will take to obtain your new status document; this may affect those on a work permit.

If your intention is not to maintain your status, there are other things you need to do to avoid a removal order:

  • Notify Citizenship and Immigration Canada and the Canadian Border of your intention to exit Canada;
  • Prepare for your exit travel in advance of the expiry of your status documents;
  • Pack your belongings in advance;
  • Exit Canada no later than the date you have committed to or been requested to leave.

If you follow the above steps, you will not have any issues with respect to complains of regulations and will be considered in good standing with Citizenship and Immigration Canada.

If you do not, you face complications like:

  • Falling out of status;
  • Losing your status abilities, for example, no longer being authorized to work;
  • Receiving a removal order;
  • Remaining in the country illegally;
  • Working illegally;
  • Having a negative impact on any future applications;
  • Requiring additional documentation like an Authorization to Return to Canada or Temporary Resident Permit before you Canada obtain new status in Canada.

If you face this situation, contact us. Many people are not aware of their options or how to extend their status or apply for new status. Akrami & Associates is here to help. With our in depth knowledge of the Canadian Immigration system, we will help you remain in Canada or avoid any negative impact on future applications.