Authorization to Return to Canada (ARC)

If you are granted entrance to Canada if have to ensure that you follow the conditions and requirements of the legal status that allows you to enter and remain in Canada. Additionally, you are required to also comply with the Immigration and Refugee Protection Act and Legislation. Failure to comply with any conditions and requirements imposed on you by Citizenship and Immigration Canada when they grant you entrance to Canada, and failure to comply with the Act and/or Legislation, can result in you being issued a removal order. A removal order is an order for you to leave Canada. There are different types of removal orders: an exclusion order, a departure order, and a deportation order. The type of removal order will dictate how you will go about applying for an Authorization to Return to Canada.

Do You Require an Authorization to Return to Canada?

One of the first questions you need to ask yourself when given a removal order is whether or not you want to return to Canada, or whether or not you need to return to Canada for one reason or another. If you want to return to Canada or need to return to Canada, you need to determine whether or not you require an Authorization to Return to Canada.

The need for an Authorization to Return to Canada depends on the type of removal order you’ve been issued. You must obtain an Authorization to Return to Canada after you receive any of the following removal orders and the following removal orders have been enforced:

• A deportation order, which is a lifetime ban from returning to Canada
• A departure order that becomes a deportation order
• An exclusion order with a one year or two year ban from returning to Canada

Enforcement

When considering whether you require an Authorization to Return to Canada, you first have to consider your removal order. Specifically, you need to consider the type of removal order and whether your removal order has been enforced yet. Before you can apply for an Authorization to Return to Canada, your removal order must first be enforced.

A removal order can be enforced in two ways:

• At a Port-of-Entry; or
• At a Visa Office outside of Canada.

A removal order can only be enforced at the Port-of-Entry or at a Visa Office outside of Canada if an immigration officer has issued a Certificate of Departure.

Therefore, when whether you require an Authorization to Return to Canada to come back to Canada after being issued a removal order, you need to ask yourself a few initial questions, such as:

• What type of removal order has been issued? A departure order, an exclusion order, or a deportation order?
• Has the removal order been enforced, and has an immigration officer issued a Certificate of Departure?

 

These are only a few questions that you will need to ask yourself when you want to apply for an Authorization to Return to Canada. At Akrami & Associates, our legal team has the expertise to know when you require an Authorization to Return to Canada; to help you ensure you meet the requirements to apply for an Authorization; and to draft a strong and convincing application for Authorization.