Can I come Back to Canada with Removal Order

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Who Needs Authorization to Return Canada??

If you have been removed from Canada due to the subjection of a Removal Order from the Canadian Government then you will most likely require an Authorization to Return to Canada (ARC) if you wish to return. Whether you need an Authorization to Return to Canada or not depends on the type of removal order under which you were evicted and issued.

Types of Removal Orders

There are there three main types of removal orders which you can be issued which include Departure Order, Exclusion Order and Deportation Order. To determine which removal order was issued to you; look at the document issued to you by the Citizenship and Immigration Canada to the Canada Border Services Agency when you left Canada. The form number on the document will indicate what type of removal order was issued to you.

Departure Order (form number IMM 5238)

If you were issued a Departure Order and you left Canada with the required period of 30 days and verified your departure with a respective immigration officer and a Canadian port of exit, you are not required to obtain an Authorization to Return to Canada. To re-enter Canada you may go through the normal visa or eTA requirements

If you left the country and did not verify your departure or if you stayed longer then the authorized 30 days from which your departure order was given, the departure order will automatically become a Deportation Order and you will be required to apply for ARC.

Exclusion Order (form number IMM 1214B)

If you were given an Exclusion Order and a period of 12 months has passed since you last left Canada and have a Certificate of Departure (IMM0056B) which shows the date on which you left Canada, then you are not required to present or obtain an Authorization to Return to Canada. You can enter Canada through he normal process and requirements of an applicable visa or an eTA.

If you wish to return to Canada before the 12 months due is over or if you do not possess a Certificate of Departure, then you are required to obtain an Authorization to Return to Canada.

Deportation Order from Canada

If you were subjected and issued a Deportation Order then you will have to apply for an Authorization to Return to Canada regardless of other factors. A deportation order is not the same as a Direction to Leave Canada; the latter is not a removal order. You are allowed to enter as per the normal procedures associated with the appropriate travel document you will be using, such as a Temporary Resident Visa, Temporary Resident Permit, or an eTA.

Before you Apply for ARC Application

Before applying for an ARC application, consider why you were issued a removal order in the first place and how it compares to your current situation. So if you were deported in the first place for working illegally in Canada and currently do not have employment or any source of financial income then it is highly unlikely you will be able to convince an immigration officer to allow you entry into Canada and that you will respect the terms of your stay in Canada or that you will leave Canada when your authorized period of stay is over.

Processing fee for an ARC is not refundable regardless of the decision that is reached by the final authority over the matter.

How to Apply for ARC Application

To apply for an ARC and any other supporting application for your entry to Canada, you must include the following:

  • A valid Temporary Resident Visa application package fully completed and submitted online and validate with the respective barcode;
  • Two passport sized photographs of you (the applicant) which were taken in the last six months to reflect your current and latest appearance;
  • A copy of your valid passport
  • A written letter either in English or French explaining why should be allowed to enter Canada. The letter may be written in block letters using black ink or typed
  • Include the relevant processing fee of $400 in Canadian funds

What the immigration officer will assess your ARC Application on

  • The immigration officer processing your application and/or interviewing you is likely to undertake the following queries while establishing whether or not you should be allowed entry into Canada
  • The reason you were issued a removal order in the first place
  • The possibility that you will repeat the same action that initially resulted in you being issued a removal order for
  • The length of time that has passed since you were issued the removal order and since your last day of exit from Canada
  • Your current situation (psychological and financial)
  • The reason why you want to enter Canada
  • Guarantee that you will leave Canada when your authorized period of stay is over
  • Whether or not you will once again violate your terms of living temporarily in Canada

Other Document to include for ARC Application

Having obtained an ARC is not the only step you must ensure to enter Canada. You will still be required to obtain all other essential travel documents such as a Temporary Resident Visa, a Temporary Resident Permit, or an Electronic Travel Authorization (eTA). If you are foreign national of a country whose citizens are exempt from applying for a Temporary Resident Visa, then you must instead apply for an eTA. If you have an inadmissibility issue to enter Canada then you must apply for a Temporary Resident Permit as well and wait for a successful approval. You must note in mind that having obtained an authorization to Return to Canada does not completely guarantee access into Canada; you can still be rejected from a Canadian immigration officer at the Port of Entry (airport, sea port, rail) if you fail to convince an immigration officer that you will respect you terms of stay in Canada and will not violate them again.

Contact Akrami & Associates

Successful ARC applications are difficult and tedious to achieve. To make sure you have the perfect approach and the best advice available, we strongly suggest you to seek the assistance of a professional immigration law firm. Contact us at Akrami and Associates today and book an appointment for a consultation. Your arrival into Canada is only a few steps away. With Akrami and Associates there is always a way!!