Applying for an ARC when you are Issued a Deportation Order
When granted permission to enter Canada, it is important to recognize that it is a privilege and not everyone obtains permission. The moment you enter Canada as a foreign national, you must abide by Canadian laws and meet the conditions set out in your visa or permit. If you fail to abide by these requirements and conditions, the Canadian government has the authorization to request your leave from Canada. In the worst case scenario, the Canadian government can issue you a deportation order. Therefore, in this article, I will explain what a deportation order entails and furthermore how to apply for an Authorization to Return to Canada, also known as an ARC.
In terms of removal orders in Canada, there are three different types of removal orders that can be issued. They are a departure order, an exclusion order, and lastly, a deportation order. Not all removal orders need an Authorization to Return to Canada (ARC) in order to re-enter Canada. For individuals that are issued a deportation order, they would have to apply for an ARC to re-enter Canada. In these certain circumstances, Immigration officers have to selectively decide whether the foreign national should be permitted entry into Canada. This is because, when issued a deportation order, the foreign national is indefinitely banned from coming back to Canada. If a foreign national that has been issued a deportation order would like to return to Canada, they must indicate the reasons why they should return to Canada. The reasons should be significant enough to convince the Immigration officer to allow the foreign national re-entry into Canada.
One of the most important factors to consider prior to applying for an Authorization to Return to Canada (ARC) is why you were issued a deportation order in the first place. If an individual was given a deportation order because of criminal inadmissibility to Canada, they would need to either apply for a Temporary Resident Permit or a Criminal Rehabilitation prior to applying for an Authorization to Return to Canada (ARC). This is vital because the foreign national must overcome their criminal inadmissibility in order to re-enter Canada. On the other hand, if an individual was given a deportation order due to not having authorized status in Canada, this can be a more complicated scenario. It is best to consult with Immigration professionals, such as Akrami & Associates, prior to applying for any immigration application, if this is your specific circumstance.
Departure Order turned into Deportation Order
There are certain circumstances that can make a departure order turn into a deportation order. A departure order comes with certain conditions that the foreign national must abide by in order to regain entry into Canada in the future. For instance, when issued a departure order, you must leave the country within thirty days of receiving the departure order. Additionally, they must also inform Immigration Canada once they exit. Therefore, if they do not abide by these conditions, their departure order will turn into a deportation order. At this point, the foreign national has no other choice but to apply for an Authorization to Return to Canada (ARC) in order to re-enter the country.
How to Apply for an Authorization to Return to Canada (ARC)
As previously mentioned, before applying for an Authorization to Return to Canada (ARC) it is highly suggested to recognize the reasons why you were issued a removal order in the first place, whether it be a departure order or a deportation order. In order to successfully regain entry into Canada, it is best to prove to the Immigration officers that you have in fact changed your circumstances. In order to prove this, you should provide sufficient documentation and evidence of this change. This will only help with your Authorization to Return to Canada (ARC) application and will allow for higher chances of approval. If you do not satisfy the Immigration officer that you have in fact changed, they can deny your entry into Canada.
If a foreign national, that has a deportation order, would like to apply to work, study or visit Canada, they can apply for the appropriate application; however, they will also need to include the Authorization to Return to Canada (ARC) in conjunction with the visa or permit application. Please note that there is no specific application for an Authorization to Return to Canada (ARC); the request for an ARC would be considered with the permit or visa application. Therefore, if you receive an approval for the visa or permit application that you submit, Canadian Immigration will request for you to submit the government fee for the ARC in order to proceed with your entry into Canada.
Required Documentation for an Authorization to Return to Canada (ARC)
In order to apply for an Authorization to Return to Canada (ARC), if you are a foreign national and would like to enter Canada as a visitor, you must provide specific information and documentation, such as:
- A Temporary Resident Visa / Visitor Visa application form
- A photocopy of your valid passport
- 2 passport photos
- Government fees must be paid
- An explanation letter describing why you need to enter Canada
Specifically, for foreign nationals that were issued a departure order and it turned into a deportation order, you must explain why you did not abide by the conditions of the departure order.
Contact Akrami & Associates
It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for an Authorization to Return to Canada. These applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients that have a deportation order gain lawful entry into Canada. If you believe that you may be eligible, 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!