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.