Removal Order from Canada
A while ago, you received a document from Canadian Immigration, informing you that you will need to exit Canada. It was a Deportation Order. You left, but are looking to return. What do you do? In this situation, you may need to apply for an Authorization to Return to Canada, commonly abbreviated as ARC. If accepted, this document will allow you to legally return to Canada.
Does my Removal Order need an ARC?
In order to return to Canada after receiving a Deportation Order, you would need to apply for an ARC. This Deportation Order must be a document sent to you by Canadian Immigration, with a form number of IMM 523B. Note that a Direction to Leave Canada notice is not a Deportation Order. Ensure that it is the Deportation Order that you received, as a Direction to Leave Canada does not require an ARC. There are other removal orders that may require an ARC. Both Departure Orders and Exclusion Orders can require an ARC if in specific situations. Refer to Citizenship and Immigration Canada’s website to see if your removal order/situation requires an ARC.
If I received a Deportation Order, should I immediately apply for an ARC?
Before applying for an ARC, there are factors you would want to consider. First, you will need to ensure that your reason for deportation has now been resolved. This could mean solving the issue, or proving that you are not likely to repeat the same mistake. Most likely this would involve proving that you have strong ties to your home country. If you do not demonstrate that your reason for deportation is no longer a concern, your chances of having an approved ARC are very slim. Thus, before applying for an ARC, take the steps necessary to resolve your deportation issues.
Who does not need an ARC?
If you are already applying to come to Canada for reasons such as visiting, studying, working, or immigrating, you do not need to apply for an ARC even if you have previously received a Deportation Order. This is because your ability to return to Canada will be automatically assessed through your other application. However, you may be asked to submit the fee corresponding to an ARC application. This processing fee is non-refundable, including if your application is refused or if you retract your application. If you decide to apply again, you will need to pay the fee again.
What must I include in my application for an ARC?
There are various documents needed for an ARC. One of these is a Temporary Resident Visa application form. Note that when you complete this form, it must be typed up and contain a barcode. This barcode can only be obtained if you click on “validate”. You will also need to include two passport photos (which must have been taken within the six-month period immediately preceding your date of application), a copy of your passport data page, a letter that must be written by you (either legibly handwritten in print block letters in black ink or typed) which explains your reason for deportation and why you feel you should be allowed back into Canada, as well as the processing fee. The processing fee for one ARC application is $400, Canadian. Also note that if the government had to pay any costs related to your deportation, you may be requested to reimburse them. You will receive a document from CIC after you have applied for an ARC letting you know what the costs will be. Furthermore, you will need to include details on your current family situation within the application. This would mean details on family members, evidence of relationships (marriage certificates, birth certificates), etc. The full document checklist on types of documents that are acceptable to include is available on Citizenship and Immigration Canada’s website (cic.gc.ca).
What will increase my chances of having my ARC approved?
The stronger your application, the higher your chances of having your ARC approved. This means that when compiling documents for your ARC, you will want to include the most effective and relevant documents that prove what the immigration officer will be looking for. One of the key things the immigration officer will be examining is your reason for initial deportation. You will need to thoroughly demonstrate that the reason of your deportation is no longer an issue. For example, if you were deported for working illegally in Canada, you will need to demonstrate that you might now have a secure and legal job or will not be in Canada long enough to work. Documents to include can be travel itineraries or job contracts. Therefore, you will need to adequately describe both what the reason was for your deportation as well as why that reason is no longer a concern (by demonstrating that you are at a low risk of repeating that behavior). Another factor that will be considered is the length of time that has passed since your deportation order was issued. It is most logical that if you had a large amount of time since you were ordered to be removed from Canada, you had enough time to change your behavior so the removal will not be an issue anymore. The immigration officer will also be analyzing your current situation, if you are a good fit for Canada. Furthermore, he/she will be looking at the reason you want to enter Canada. Generally, if you are not a threat to Canadian citizens or permanent residents and have a valid reason to enter Canada, that is a good sign on the application. However, overall the acceptance or refusal of the application is at the discretion of the immigration officer. Therefore, you will want to include as many strong additional documents that verify these main things the officer is looking for.
What can decrease my chances of having my ARC approved?
Insufficient evidence is a strong reason for why ARC’s can be refused. You need to ensure you are providing appropriate supporting documents. Thus, you may wish to obtain the assistance of a legal professional to ensure that your ARC application is as strong as possible. It can also be refused if you did not include the documents asked for. For example, if you forget to include evidence that you have paid the processing fee, you may be refused. Therefore, it is crucial that you consult and properly follow the document checklist. Other factors can hinder the ability of your ARC to be processed. This could result in longer processing times. This could be things such as missing responses, illegible writing, missed pages of application forms, etc. Ensure that you are typing or writing as dictated by the application form and completing all responses. Furthermore, ensure that you are validating the application after completing it.
Contact Akrami and Associates
If you are looking to file an ARC, you may wish to obtain the assistance of legal professionals that can help you create the strongest application possible. If you are in this situation, consider contacting Akrami and Associates. The dedicated and experienced team at Akrami and Associates will be able to assess your situation and help you compile a strong application. With Akrami and Associates, there is always a way!