Questions and Answers for Authorization to Return to Canada (ARC)
Questions and Answers for Authorization to Return to Canada (ARC)In this article, I will address questions and answers for an Authorization to Return to Canada (ARC), as there are several different circumstances for removal orders, in order for you to further understand what an Authorization to Return to Canada (ARC) entails. An Authorization to Return to Canada (ARC) is intended for foreign nationals who wish to come to Canada but unfortunately have been the subject of a removal order. It was created to give foreign nationals an opportunity to return to Canada even though they were subject to a removal order in the past. If you feel as though you would be eligible to apply for an Authorization to Return to Canada (ARC), I suggest you read our article on “Removal Orders & Authorization to Return to Canada (ARC)” before reading this question and answer article. This article is intended to clarify any misunderstanding or confusion with regards to an Authorization to Return to Canada (ARC).
Q: Do I need to apply for an Authorization to Return to Canada (ARC) if I am issued a departure order?
A: An ARC should only be applied for if you have a departure order within specific circumstances. If you received a departure order and you have exited the country without first verifying your departure or more than a month has passed after your departure order was issued, then your departure order automatically becomes a deportation order and you must apply for an ARC. However, if you have received a departure order and have left Canada within the required month or verified your departure with a Canadian Immigration officer, then you do not need to apply for an ARC.
Q: Do I need to apply for an Authorization to Return to Canada (ARC) if I am issued an exclusion order?
A: An ARC should only be applied for if you have an exclusion order within specific circumstances. If you have received an exclusion order and you wish to return to Canada before the minimum of one year since the exclusion order was issued, and you do not have a Certificate of Departure, then you will need to apply for an ARC. However, if you have received an exclusion order and the minimum of one year has passed since the exclusion order was issued or if you have a Certificate of Departure indicating the date you left Canada, then you do not need to apply for an ARC.
Q: Do I need to apply for an Authorization to Return to Canada (ARC) if I am issued a deportation order?
A: In any circumstance of receiving a deportation order, you must always apply for an ARC before re-entering Canada.
Q: What if I forgot to inform the Immigration officer of my departure when I left Canada, can I do so after I’ve already left?
A: Unfortunately, you cannot inform an Immigration officer of your confirmation of departure from Canada after you’ve already exited the country. Because of this particular circumstance, under Regulation 240(2) of the Immigration and Refugee Protection Regulations, you must now apply for an Authorization to Return to Canada (ARC) in order for the Immigration officer outside of Canada to enforce a removal order.
Q: If I did not confirm my departure, however, I submitted an ARC application, is it possible for an Immigration officer outside of Canada to enforce my removal order?
A: Thankfully, yes. Because you did not confirm your departure, yet you did apply for an ARC application prior to re-entering Canada, the Immigration officer outside of Canada can enforce the removal order successfully.
Q: If the government had paid for my removal costs, such as my air ticket, am I obligated to pay them back for that?
A: Yes, you are obligated to pay the government back for any and all fees that they had paid for your removal costs. As proscribed by law, you must pay a total amount of $1500 for the air ticket that they had paid for. However, it is important to note, that this it is only required to be paid if you receive an approved ARC application.
Q: Do I require an ARC if I was issued a Deportation Order as a result of being the brother of an individual that was deported from Canada for being involved in organized crime?
A: Fortunately for you, no, you are not required to submit an ARC application because of this specific circumstance. Under Regulation 226(2) of the Immigration and Refugee Protection Regulations, family members who are deported as a result of a deportation order issued against the principal applicant are exempt from having to obtain an ARC to return to Canada. Therefore, you can re-enter Canada knowing that you are protected under this regulation.
Contact Akrami & Associates
Should you have any further questions or feel confused or unclear about how to apply for an Authorization to Return to Canada (ARC), it is important to talk about any questions you may have and discuss your concerns. By talking to immigration professionals about your concerns, this will ease your worries and assist with the application process. Many immigration applications are difficult to pursue on your own, especially if you are unfamiliar, and it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients travel to Canada with previous removal orders and successfully applied for an Authorization to Return to Canada (ARC); they are now happily enjoying their visit in Canada and have been given the opportunity to re-enter Canada. If you believe that you may be eligible for an Authorization to Return to Canada (ARC), 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!