Are you a foreign national that once had authorization to temporarily reside in Canada? Did you overstay your authorized stay and unfortunately Canadian Immigration has issued you a removal order? If this is the case, then you may need to apply for an authorization to return to Canada. This entirely depends on how long your removal order requires you to be outside of Canada for and whether or not you can return to Canada. Depending on the type of removal order that was issued to you, you would have to apply for an Authorization to Return to Canada, also commonly referred to as an ARC, in order to have the authorization to enter Canada again. Therefore, in this article, I will explain how a foreign national would go about applying for an Authorization to Return to Canada and other pertinent information that should be taken into consideration.
Before applying for an Authorization to Return to Canada (ARC) it is best to determine what kind of removal order you have received. If you have been issued a departure order or an exclusion order, then fortunately for you, you will not need to apply for an Authorization to Return to Canada (ARC). In those two circumstances, you must only abide by the requirements of the removal order and then you will be able to return to Canada without the need of an ARC. However, if you do not abide by the specified requirements set out by Canadian Immigration, then you may require an ARC in order to return to Canada. On the other hand, if you were issued a deportation order, then you will need to apply for an Authorization to Return to Canada (ARC). The deportation order will be sent to you by Immigration Canada and the form number would be specifically IMM 523B. For more information on the 3 different types of removal orders, please refer to our article “Removal Orders and Authorization to Return to Canada.”
It is important to distinguish the difference between a deportation order and a “Direction to Leave Canada” as they are not the same. The “Direction to Leave Canada” is a notice to leave Canada and is not considered a removal order. Therefore, it is best to ensure that you have, in fact, received a deportation order and not a direction to leave Canada, as if it is the latter, you will not require an ARC to return to Canada.
It is very important to determine whether your circumstances have changed since you were issued your deportation order. If nothing has changed since the deportation order was given to you, the chances of your Authorization to Return to Canada (ARC) being approved is very slim. It is essential for you to prove to Canadian Immigration that your circumstances have changed significantly and that a deportation order will not be issued again in the future. If you would like to apply for an Authorization to Return to Canada (ARC), it is highly suggested to show Canadian Immigration that you have plenty of ties to your home country and that you will return to your home country at the end of your temporary authorized visit to Canada. Therefore, it is best to apply for an Authorization to Return to Canada (ARC) once you have resolved the issues surrounding your deportation order in the first place.
Much like any other immigration application, foreign nationals must ensure that they submit the required documentation. This is especially the case if they are applying for an Authorization to Return to Canada (ARC) after receiving a deportation order. If they would like higher chances of approval for their ARC, it is best to submit all of the following documentation including supporting documentation, if applicable.
It is important to recognize that you need not to apply for an Authorization to Return to Canada (ARC) separately. It is not a separate application. The only difference between a Temporary Resident Visa application and an Authorization to Return to Canada (ARC) is the processing fee. The supporting documents that you should include are any documents that can tie you back to your home country. This can include family documents, financial documents, employment documents, etc. Any documents that you feel would show that you must return back to your home country would significantly benefit the Authorization to Return to Canada (ARC) application. If you would like further information on the types of documents you can submit for an Authorization to Return to Canada (ARC) please refer to Citizenship and Immigration Canada’s website.
It is essential that you have taken all the aforementioned information into consideration, especially if you have been issued a deportation order and are applying for an Authorization to Return to Canada (ARC). If you would like to apply for an Authorization to Return to Canada (ARC), it is extremely important to note that these are difficult applications to pursue on your own. Therefore, it is highly recommended that you seek out professional and experienced help prior to submitting the Authorization to Return to Canada (ARC) application. Here, at Akrami & Associates, we work and have experience with many different immigration matters. We have helped many of our clients re-enter Canada with the assistance of an Authorization to Return to Canada (ARC) application. If you believe that you may be eligible to apply for an Authorization to Return to Canada (ARC), 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.
At Akrami & Associates, there is always a way!
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