Authorization to Return to Canada (ARC)- Exclusion Order
Canada is a country that provides foreign nationals with many opportunities to experience what the country has to offer. In this regard, Canada is a generous country with respect to allowing entry to foreign nationals. However, like other countries, an immigration officer gives you legal status in Canada provided that you will comply with the rules and regulations of Canada’s immigration Act and Regulation (the Immigration and Refugee Protection Act or Regulation), any conditions or requirements that are outlined in the Citizenship and Immigration Canada documents, as well as the general laws of Canada.
There are consequences to not complying the Canada’s laws and the immigration rules and regulations. In some cases, failure to comply can result in you being removed from the country. You will know if you are subject to a removal if you are issued a removal order. There are different types of removal orders. Based on the removal order you are issued, you will either be eligible to apply for an Authorization to Return to Canada if you comply with the requirements of the order and you meet certain criteria. One type of removal order you can be issued is an exclusion order.
If you have been issued an exclusion order to leave Canada you cannot return to Canada for at least one year, unless you have been given written permission from the Canada Border Service Agency. If you have been given an exclusion order because you misrepresented yourself or your situation in some way, you are not allowed to return to Canada for at least two years, unless you have written permission from the Canada Border Service Agency.
When Do You Need an Authorization to Return to Canada?
To expand on the above, if you have been given an exclusion order to leave Canada, you do not need to apply for an Authorization to Return to Canada if:
- If one year has passed since you left Canada; and
- You have a Certificate of Departure which indicates the date you left Canada.
If you meet the above two requirements, you can come back to Canada after a year has passed through the normal procedures at the Port-of-Entry.
On the other hand, if you want to come to Canada before one year has passed since you were issued the exclusion order and you left Canada, or you do not have a Certificate of Departure, then you will need to apply for an Authorization to Return to Canada.
When applying for an Authorization to Return to Canada after leaving Canada on an exclusion order, your application must address the reasons you need to return to Canada. In the case of an exclusion order specifically, you must address why you need to come to Canada before one year has passed since you left. The immigration officer will assess your need to come to Canada before one year and weigh it against the reason you were issued the exclusion order in the first place. The officer will also consider additional factors when deciding whether to grant you an Authorization to Return to Canada, such as:
- The possibility that you will repeat the behavior or incident that resulted in the exclusion order in the first place
- The length of time since the order was issued. For example, has it only been one month versus has it been eight months?
- Your current personal and economic situation
As with other removal orders, you must confirm your departure from Canada with the Canada Border Service Agency. Failure to comply with the exclusion order can result in you not being eligible to apply for an Authorization to Return to Canada.
At Akrami & Associates, we have an expert legal team who can provide you with thorough and complete legal representation in the case where you received and exclusion order and are looking for re-entry into Canada.
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